HB3220 Summary

• Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to add definitions for "certified vendor," "subcontractor," "prime vendor," "good faith effort," and revises the definition of "utilization plan" to clarify bidder obligations and participation agreements.

• Establishes uniform standards for calculating contract-specific Business Enterprise Program goals and requires State agencies and public institutions of higher education to annually report plans to meet aspirational contract goals to the Council.

• Changes waiver evaluation standards from mandatory ("shall") to discretionary ("may") approval based on documented good faith efforts and adds detailed requirements for waiver requests including solicitation proof, vendor capability assessment, and communication documentation.

• Modifies enforcement penalties to specify assessments equal to the discrepancy between utilization plan commitments and actual payments to certified vendors, rather than capping penalties to profit acquired from violations.

• Adds comprehensive procedures for determining good faith efforts post-contract, considering factors such as scope changes, vendor capability to obtain certified participation, and advertising of subcontracting opportunities.