MES is firmly committed to the success of the State's MBE Program. Our mission and objectives are to achieve and/or exceed twenty five (25%) of the total procurement contract dollars to certified minority business enterprises. In doing so, MES will:

Maximize contracting opportunities to minority businesses in all procurements of construction, commodity, maintenance, architect/engineering, and services.

Enforce MBE compliance policies and procedures for prime contractors and minority subcontractors who are doing business with MES.

All potential contractors, subcontractors, suppliers, vendors, and consultants doing business with MES must comply with the State of Maryland's MBE law. Compliance with applicable laws is monitored by the MBE Liaison and MBE Compliance Officer.

Contact Information
The names and address for MES’s MBE Liaison and MBE Compliance Officer are as follows:

Michael Klasmeier, MBE Liaison

Maryland Environmental Service
259 Najoles Rd
Millersville, MD 21108
P 410.729.8513
F 410.729.8280
E mklas@menv.com

To Become a Certified Minority-Owned Business
The Maryland Department of Transportation administers the State of Maryland’s MBE certification program. There are specific eligibility criteria for certification to assure that only bonafide MBEs participate in the program. For additional information on MBE applications and certification, call 410-865-1269 or 800-544-6056 or visit http://www.mdot.maryland.gov/MBE_Program/Index.html.

Frequently Asked Questions

Do all State contracts have MBE subcontract goals?
No, all State contracts do not have MBE subcontract goals. Each procuring agency has the authority to set MBE goals on individual contracts and procurements on a case-by-case basis. The scope of work, combined with the availability of certified MBEs in certain industries, will often determine if a contract will have an MBE goal.

My firm is an MDOT certified MBE. Do the subcontract requirements apply to me?
Yes! State law requires that all bidders meet the MBE subcontract goal and are held to the same standards as non-MBE firms.

My firm is a full-service firm and we don’t use subcontractors. My firms already provides most of these services and we didn’t find any MBE firms in the remaining areas. Is either situation grounds for a waiver?

No. You are required to solicit MBE firms for all potential areas of work regardless of the areas of expertise of your firm. Waiver requirements are spelled out in COMAR 21.11.03.11.

Who is required to submit MBE documentation?
MBE documentation must be submitted by all bidders at the time of bid submission. Following award of the project, the MBE Prime Contractor Payment Report (Attachment G) is to be provided by the prime contractor on a monthly basis along with each invoice. In addition, all MBE subcontractors shall provide the MBE Subcontract Payment Verification (Attachment H) on a monthly basis to the attention of the MBE Liaison.

When does MBE documentation have to be submitted?
The following forms are to be submitted with the bid documents:

MBE Attachment A-Certified MBE Utilization and Fair Solicitation Affidavit

Within ten (10) working days from notification that it is the apparent successful bidder or within ten days following award, whichever is earlier (COMAR 21.11.03.10.B), the apparent successful bidder must submit the following forms:

MBE Attachment B- Outreach Efforts Compliance Statement

MBE Attachment C- Subcontractor Project Participation Certification

MBE Attachment D- Intentionally Omitted

If the apparent successful bidder is unable to achieve the contract goal for certified MBE participation, the bidder must submit instead of, or in conjunction with, MBE Attachment C, Subcontractor Project Participation Certification, a written request for a waiver (COMAR 21.11.03.11) Attachment E of the MBE goal including the MBE Attachment F Minority Contractor Unavailability Certificate for all MBE subcontractors found to be unavailable.

MBE Attachment E- MBE Waiver Request.

The Code of Maryland Regulation citation (COMAR 21.11.03.11) governing the MBE waiver process is included as:

MBE Attachment F- Minority Unavailability Form

After award of the contract, the awardee and all MBE subcontractors are required to submit to the MBE Liaison the following forms, on a monthly basis for the duration of the contract:

MBE Attachment G-Subcontractor Payment Report

MBE Attachment H-Prime Contractor Unpaid MBE Invoice Report

Contractors requiring assistance in completing MES’s MBE participation forms should contact the MBE Liaison.

What are the Contractor's responsibilities?

The contractor agrees that the established amount for the MBE goal will be performed by certified MBEs.

No award shall be made until all matters relating to MBE participation have been met and documented by the contractor.

On a monthly basis the prime contractor will submit to the attention of the MBE Liaison, MBE Attachment G. This completed form should also be included with the payment application.

An MBE prime contractor responding to the solicitation will also comply with the above stated responsibilities.

What if a subcontractor is not certified?
MES requires that an MBE be certified by the Maryland State Department of Transportation in order to be utilized as a legitimate minority business on MES contracts. No other state certification will be recognized.

How will MBE Contract Compliance be monitored?
MES is responsible for conducting inspections to confirm MBE Compliance with the terms of the contract. The MBE Compliance Officer has the authority to conduct on-site inspections and administrative contract compliance at any time, with or without prior notification. (See “MBE Contract Monitoring” section below for more information.)

What if for any reason a minority subcontractor is not performing in accordance with its contract?
If, for any reason, a minority subcontractor is not performing in accordance with its contract, the prime contractor may request permission to remove or substitute that particular MBE. The prime contractor must notify the Project Manager and MBE Liaison of the prime contractor's intent to remove an MBE subcontractor during the course of the MBE's contract. Supporting, detailed information must be submitted in writing to the Project Manager and MBE Liaison, by the prime contractor stating reasons why the MBE subcontractor should be removed. It will be the responsibility of the Project Manager and MBE Liaison to determine if the MBE subcontractor may be removed from the project.

Contractors Requiring Assistance in meeting the MBE Goal:
Contractors requiring assistance in locating certified MBEs are encouraged to obtain a certified MBE Directory. The Directory is a free publication and contains information about currently certified MBEs. The State of Maryland, Minority Business Enterprise Directory is available to contractors at: Maryland Department of Transportation, Fair Practice Division, P.O. Box 8755, BWI Airport, Baltimore, Maryland 21240. Contractors may contact the Department of Transportation by phone at 410-865-1269 or 800-544-6056. Contractors can also view and sort the MBE Directory on line at http://www.mdot.maryland.gov/MBE_Program/Index.html.

MBE Contract Monitoring
MES is responsible for conducting administrative contract compliance and on-site investigations to confirm compliance with the State’s MBE regulations. The MBE staff  has the authority to conduct on-site compliance meetings and on-site inspections at any time, with or without prior notification.

Should an on-site investigation be performed, the contractor will have the following available for inspection:

Records containing the MBE subcontractor contract agreement or purchase order, indicating the project number, company name, address, Maryland Department of Transportation MBE certification number, dollar amounts, dates, and the scheduled times for each certified business to be on the job site;

Any other appropriate documents requested prior to the actual on-site visit.

If MES determines that the contractor or subcontractors are not in compliance with this section, MES will notify the contractor of those measures which the contractor must take to restore the contractor to a state of compliance and the time within which these measures must be taken. If the contractor or subcontractor fails to take corrective action within the time required, MES may report the noncompliance to the appropriate authorities for resolution and may take any and all other action permitted by law or the contract. When in the judgment of MES, circumstances warrant such action, MES may, without notice to the contractor and without giving the contractor any opportunity to cure, take action to enforce the contractor's obligations under the contract with regard to MBE participation.

Minority Business Enterprise Resources

(1) 2010 MBE FORMS

MBE Attachment A - MDOT Certified MBE Utilization and Fair Solicitation Affidavit
MBE Attachment B - Outreach Efforts Compliance Statement
MBE Attachment C - Subcontractor Project Participation Certification
MBE Attachment D - Intentionally Omitted
MBE Attachment E - MBE WAIVER REQUEST
MBE Attachment F - MBE UNAVAILABILITY FORM
MBE Attachment G - PRIME CONTRACTOR MONTHLY PAYMENT REPORT
MBE Attachment H – MBE SUBCONTRACTOR MONTHLY PAYMENT REPORT

To obtain printouts of current State of Maryland MBE forms, follow the instructions listed below.

- The MES web site contains documents that require Adobe Acrobat reader. Adobe Acrobat reader can be downloaded for free by accessing the following web site: www.adobe.com/products/acrobat/readstep2.html

(2) WEBSITE LINKS

Click on any of the websites listed below for further information on MBE contracting opportunities.

eMarylandMarketPlace: www.emarylandmarketplace.com
Governor’s Office of Minority Affairs: www.oma.state.md.us
State Department of Transportation: www.marylandtransportation.com
Department of General Services: www.dgs.state.md.us