Procurement Compliance Bulletin 4.25.2024

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Procurement Compliance Bulletin

4.25.2024


Stress Awareness Month Image

We are all familiar with the saying “April showers bring May flowers,” however, are you aware that April is Stress Awareness Month? We have all encountered stress in some shape or form, whether it has been experienced on a personal or professional level, and it can affect everyone differently. Vendors that are certified in our socioeconomic programs are often faced with stress, especially when racing against time to submit bid responses. Even more so when they face barriers to obtaining an award. On the other side of that coin, procurement officers and liaisons can experience high levels of stress when creating those solicitations, meeting specific due dates or preparing reports. With the workload and priorities that we face daily in the workplace, it is important to recognize what stress feels like and how to manage it. This Stress Screener, provided by Mental Health America, offers great tips on how to reduce your stress. Stress management can play a significant factor in maintaining your well-being, as well as those around you. We believe that finding your particular work-life balance is extremely important and encourage you to refer to the resources below whenever you are experiencing stress:


Disparity Study

Spread the Word

Vendor Survey Closing Soon

Maryland periodically conducts a study to determine whether there is racial and/or gender business discrimination in the markets in which the State does business, both public and private sectors. The state and MDOT are partnering with an independent consultant, MGT Consulting Group, to complete the study. We invite all business owners to participate in an online vendor survey to share experiences with or observations of discrimination, if any, and its impact on businesses in the state's marketplace. The credence of the study and the legal defensibility of these programs are intrinsically tied to the response rates received. The magnitude of the study and its implications cannot be overstated. Please help spread the word and share the flyer linked below to ensure all businesses have the opportunity to participate in this vendor survey.

Maryland Disparity Study Vendor Survey


MBE and SBR QTR 3 Reporting

Participating agencies are required to report FY2024 MBE and SBR quarterly data to GOSBA
within 30 days of the quarter’s closing date. The due date for 3rd Quarter reports is April 30, 2024.. 

  • Quarterly reporting is MANDATORY and timely submission of data is critical. 
  • Participating agencies that fail to submit the required data are identified in GOSBA's statewide quarterly report that is submitted to the Governor, Lt. Governor, Board of Public Works, and Cabinet.


MBE/SBR/VSBE Combined (Virtual) Liaison Training

May 9, 2024 - 9:00 am - 4:00 pm

Calendar invitations have been sent out for the next liaison training session. This training will cover a broad range of topics that impact many areas of each program. We encourage all internal stakeholders that participate in any areas of the MBE, VSBE, and SBR programs to attend. This session will be particularly impactful to report preparers and all individuals who help collect and curate data. Training topics will include:

  • 2024 Legislation impacting the MBE, VSBE, and SBR programs
  • Overview of FY2025 Strategic Plan Google Doc
  • Overview of FY2025 Procurement Forecast instructions and template
  • MBE/SBR/VSBE FY 2025 Quarterly and FY2024 Annual Reporting requirements

If you have not received the calendar invite and would like to attend, be sure to reach out to be added to our mailing list. If you do not wish to attend the upcoming meeting, simply decline the meeting invitation.

Lisa Mitchell Sennaar
SBR Compliance Manager
lisa.sennaar@maryland.gov


 

Next Quarterly Compliance Call

June 6, 2024 - 10:00 am - 12:00 pm

GOSBA hosts a compliance call each quarter to address issues impacting how the MBE, VSBE and SBR procurement programs are implemented by participating state agencies and departments. Topics for discussion come from you, our liaisons and procurement officers. We discuss them in an open and transparent forum so we can all learn from one another.

Please email topics you would like to have addressed
no later than May 23, 2024
to compliance.gosba@maryland.gov.

Invitations will be sent out soon. If you have questions about the Compliance Call or would like to add a staff member to our mailing list, let us know. If you do not wish to attend any upcoming meetings, simply decline the meeting invitation.

For questions about the compliance call, please email
lisa.sennaar@maryland.gov 


Announcing New Additions to the GOSBA Team!

Caryn B 4

Caryn Brandon joined our office at the beginning of April as an MBE Compliance Manager. Caryn has jumped right in and some of you may have already noticed her in training sessions and meetings. Caryn brings a wealth of experience in business, accounting, and contracts & grants management to the position. She will be working hand in hand with Karen Reyes on MBE Program compliance and ensuring accurate and timely reporting. We look forward to all that she has to contribute!

Tracie Bolden joined GOSBA in mid-April as an MBE Ombudsman Compliance Manager. As a part of this newly formed unit, Tracie will serve a pivotal role in helping to effect a culture change among stakeholders of the MBE Program through education & outreach, policy changes, advocacy, and support of both state personnel and minority and women-owned businesses. Tracie is an inventive and experienced management and compliance professional who loves to think outside of the box. We are excited to welcome her!

Tracie B.

FY2025 Socioeconomic Program Strategic Plan

All participating units shall submit a Strategic Plan to GOSBA each fiscal year. This mandatory report is submitted as a Google Form in a consolidated format with distinct MBE and SBR sections. Beginning with the FY2025 submission, the Strategic Plan will now include a VSBE section. The form uses logic to navigate you through the process. For those agencies that participate in all three programs, a PDF version of the form will be provided in the MBE, VSBE, and SBR toolkits on GOSBA's website so you can coordinate your answers across multiple contributors. Each agency should only submit one strategic plan. 

Strategic planning is an organizational management activity that is used to set priorities, focus energy and resources, strengthen operations, ensure that employees and other stakeholders are working toward common goals, establish agreement around intended outcomes/results, and assess and adjust the organization's direction in response to a changing environment.

The Consolidated Strategic Plan FY2025 is now available in the MBE Reporting Toolkit, VSBE Reporting Toolkit, and SBR Reporting Toolkit,

The strategic plan is due on June 30, 2024


FY2025 Procurement Forecast

The Procurement Forecast is provided to the public and serves as a valuable tool for the small, minority, women, and veteran business community. This is a mandatory report for all participating agencies. Starting with FY2025, the forecast will include VSBE goals on any projected or recurring purchases of $50,000 and above. 

Please be sure to give this report the proper attention by following the instructions and being thorough with your responses. Participating units only need to submit one completed forecast that includes all FY2025 projected procurements.

The FY2025 Procurement Forecast instructions and template are now available in the SBR Reporting Toolkit, MBE Reporting Toolkit and the VSBE Reporting Toolkit

The Procurement Forecast is due on June 30, 2024


VSBE Program

Updated VSBE Regulations

COMAR regulations for the VSBE Program have been updated. Please make sure all team members understand these updated VSBE regulation clarifications. The largest changes took place to the Certification Procedures to COMAR 21.11.14.12.

Certification Procedures

A. General.

(1) The certification agency is designated to certify, recertify, and decertify VSBEs.

(2) A procurement agency may not permit a vendor to participate in a procurement as a veteran-owned vendor unless it is identified as a certified VSBE in the Database.

B. Vendor Registration.

(1) A veteran vendor seeking to be recognized as a certified VSBE shall register as a vendor in the State’s Internet-based electronic procurement system.

(2) A registered vendor shall submit veteran verification and complete the VSBE Program application in the State’s Internet-based electronic procurement system.

C. Information Which May Be Requested. The certification agency may request the following information to assist in any certification, recertification, decertification, or participation determination. Failure to furnish the requested information within a reasonable time as specified in writing may result in an administrative closing of an application, a denial of certification or recertification, or a determination to decertify. The information consists of:

(1) Copies of articles of incorporation, bylaws, minutes, shareholder agreements, stock certificates, stock transfer ledgers, any additional profit-sharing agreements or buyout rights, or in the case of a partnership, the partnership agreement;

(2) Current financial statements, business licenses, federal personal income tax returns for the most current 2 years, including all schedules, federal business tax returns for the past 3 years, including all schedules, cancelled checks, resumes of principal parties, and any relevant personal and third-party agreements, such as rental and management agreements; and

(3) Copies of supporting veteran-related documents issued by the federal government.

D. A certified VSBE shall have certified status in the Database at the time the contract is awarded in order for its participation to be counted toward the VSBE contract goal. All payments made shall be counted toward the VSBE goal under a contract entered into when the VSBE was certified.

E. Failure of a certified VSBE to maintain certification may not be the cause of the termination of the contractual relationship for the remainder of the term of the contract.

 

FY2025 Strategic Plan 

VSBE Liaisons will now be contributing to your unit's strategic plan. This mandatory report is in a consolidated format and will now include a VSBE section in addition to the SBR and MBE program sections. For those agencies that participate in all programs, a PDF version of the form will be provided on the MBE, VSBE, and SBR toolkit pages on GOSBA's website so your agency can coordinate answers across multiple contributors. The strategic plan template is submitted electronically as a Google Form and will be made available in April. 

The strategic plan is due on June 30, 2024

 

FY2025 Quarterly Reporting Requirement Change

In order to enhance consistence of reporting requirements across all three socioeconomic procurement programs, GOSBA will require all VSBE participating agencies/departments to submit quarterly performance reports beginning in FY2025. GOSBA will host a training session for VSBE Liaisons before the first FY2025 quarterly report is due. 

To address any questions or concerns about the VSBE certification, outreach, or training assistance, please contact Danielle Davis at danielle.davis2@maryland.gov.


2024 MBE/Liaison Survey Requirements

The House Appropriations Committee has mandated an additional round of surveys in 2024 to address ongoing concerns about attainment of MBE goals, liaison vacancies, and the liaison's role within each agency.

The Agency MBE Participation Attainment and Agency Liaison surveys are being conducted by the Governor's Office of Small, Minority & Women Business Affairs in collaboration with the Department of General Services, Office of State Procurement. A report is due to the Committee in December.

The MBE Survey will launch by July 1st and the Liaison Survey is expected to launch in November.


From the Desk of the MBE Ombudsman

COMPLIANCE FRAMEWORK

One of the priorities of the MBE Ombudsman Unit is to develop policies and guidance to assist agencies in implementing the MBE Program statewide. To this end, we are looking at current regulations, policies, and guidelines to ensure they align with the way we do business today and create a stronger compliance framework. Our team has also been working with the program compliance managers to offer enhanced training to liaisons, procurement officers, and compliance staff, around the goalsetting and compliance processes. 

Like all of our state agency partners, we want to make sure that our actions line up with the priorities of the Moore-Miller administration. As this work continues, we ask for your assistance in identifying key areas for improvement and for working with our office to provide prompt feedback when we reach out to discuss issues or policies or to ask for your participation in surveys or testing. In the coming months, as changes are made, we look forward to implementing a more efficient, streamlined, and successful MBE Program.


Save the Date

GOSBA Quarterly Compliance Calls:

June 6, 2024, 10am - 12pm