A memorandum has been issued indicating that, effective April 12, 2016, all Portuguese-owned Minority Business Enterprises (MBEs), as certified by the Supplier Diversity Office (SDO), will no longer be considered MBEs but will instead be considered Portuguese Business Enterprises (PBEs). This change complies with an order of the Superior Court of the Commonwealth of Massachusetts in a case entitled Federal Concrete, Inc. v. Executive Office of Administrative & Finance et al., No. 1684CV00627. The change also complies with the language of SDO’s current regulation.
The SDO’s current regulations, 425 C.M.R. § 2.02, define “Portuguese” for purposes of certification as follows: “All persons having Portuguese origin. Portuguese persons shall only be included in the definition of minority if specifically set forth in programs funded by state transportation bond statutes which include such persons as eligible participants.” As such, PBEs shall be eligible for participation in programs funded by state transportation bond statutes where such statutes include Portuguese businesses as eligible participants.