HB3606 Summary

• Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to establish uniform standards for calculating contract-specific Business Enterprise Program goals across all State contracts and public institutions of higher education.

• Defines "good faith effort" as actions undertaken by a vendor to achieve contract-specific goals that, by scope, intensity, and appropriateness, can reasonably be expected to fulfill program requirements.

• Changes penalty provisions for contract violations from "not to exceed any profit acquired" to a penalty equal to the discrepancy between utilization plan commitments and actual qualifying payments made to certified vendors.

• Revises waiver request procedures to require vendors submit detailed documentation of solicitation efforts, qualifications of certified vendors, and proof of good faith negotiation attempts to meet contract goals.

• Changes waiver determinations from mandatory ("shall grant") to discretionary ("may grant") when a vendor demonstrates good faith effort to comply with minority, women, and disabled-owned business participation goals.