Section 25IAC5-6-2. Monitoring MBE and WBE participation as subcontractors  


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  •    (a) In monitoring the participation of MBEs or WBEs as subcontractors, the department shall conduct preproject meetings with all subcontractors and prime contractors. The department shall determine which projects will require a preproject meeting. Items of discussion at the meeting shall include, but may not be limited to, the following:

    (1) Subcontractors will learn when their services are likely to be needed.

    (2) The department will:

    (A) explain the state's prompt payment program;

    (B) provide a review of MBE/WBE program requirements; and

    (C) explain the state's nondiscrimination and antidiscrimination laws.

      (b) All contract amendments and change order requests must include the following:

    (1) An explanation of how MBEs and WBEs will be used.

    (2) The percentage represented above the current contract amount.

      (c) Notify appropriate subcontractors when contracts are revised upward through amendments or change orders, or both.

      (d) All prime contractors, including MBE and WBE prime contractors, must meet the contract goals through use of subcontractors. MBE and WBE prime contractors will get no credit toward the contract goal for the use of their own workforce. (Indiana Department of Administration; 25 IAC 5-6-2; filed May 30, 2003, 11:00 a.m.: 26 IR 3307; filed Sep 16, 2005, 8:50 a.m.: 29 IR 455; readopted filed Oct 6, 2009, 9:04 a.m.: 20091104-IR-025090572RFA; readopted filed Dec 2, 2015, 2:41 p.m.: 20151230-IR-025150342RFA)