Construction and Design Activity Data Collection and Reporting Guidelines - July 2013

Attachment to Administrative Bulletin #17A

I.  Introduction

Administrative Bulletin #17 seeks to build on the Commonwealth’s policy to promote equity of opportunity within state construction contracting activity by establishing a reporting requirement and providing instructions to state agencies regarding the collection and reporting of state construction contract activity data.  These Construction Activity Data Collection and Reporting Guidelines (“Guidelines”), establish that state agencies engaged in state construction contracting activity shall collect and accurately report on the inclusion of minority business enterprises and women business enterprises as contractors and women and minorities as labor in said state construction contracting activity.

II.  General Policy

It is the policy of the Commonwealth to promote equity of opportunity in state construction contracting activity; and, to that end, encourage full participation on the part of minority business enterprises and women business enterprises as contractors and facilitate full participation on the part of women and minorities as labor within state construction contracting activity.

III.  Purpose and Authority

The objectives of these Guidelines are to: (a) Create a uniform method of construction activity data collection and reporting on the part of state agencies; (b) Provide a consolidated means for referencing data collected and reported by agencies, and, (c) Make reported data publicly available.

Chapter 462 of the Acts of 2012 establishes reporting requirements relative to business and labor participation on public construction contracts. Additionally, on March 8, 2013, the Governor approved Executive Order 546, which establishes a Service-Disabled Veteran-Owned Business Enterprise Program (“SDVOBE Program”) to encourage and achieve participation on the part of Service-Disabled Veteran-Owned Business Enterprises in state contracting opportunities.  Finally, the Office of Access and Opportunity (OAO), pursuant to Executive Order 527, seeks to ensure non-discrimination, diversity and equal opportunity in all aspects applicable to of state programs, activities and services. Consistent with the statutory requirement and this role, the OAO hereby establishes a mechanism for each state agency engaged in public construction contract activity to collect and report data on such activity as it relates to the inclusion of minority business enterprises, women business enterprises and disadvantaged business enterprises as contractors (whether as designer, prime or general contractors or as subcontractors) and of women and minority worker hours worked as labor in said public construction contracts.  Furthermore, to ensure transparency, said outcomes shall be made publicly available on a quarterly basis.

IV.  Definitions

The words defined in this section shall have the meaning set forth below whenever they appear in these Guidelines, unless otherwise indicated or the context in which they are used clearly requires a different meaning.

“Contractor” shall mean a general contractor, prime contractor or subcontractor;

“Design Services” shall have the same meaning as the term is defined in section 44 of chapter 7C of the General Laws.

“Disadvantaged Business Enterprise” shall have the same meaning as the term is defined in 49 CFR §26.5.

“Minority Business Enterprise” shall have the same meaning as the term is defined in section 58 of chapter 7 of the General Laws and regulations promulgated pursuant thereto.

“Public Construction Contract” means (a) a contract or procurement for the construction, reconstruction, installation, demolition, maintenance or repair of a building or capital facility issued pursuant to paragraph (D) of subsection 2 of section 44A of chapter 149 or chapter 149A, or (b) a contract for the construction, reconstruction, alteration, remodeling or repair of any public work issued pursuant to section 39M of chapter 30 or chapter 149A or (c) a contract for design services.

“Service-Disabled Veteran-owned Business Enterprise” shall mean a service-disabled veteran-owned business, whose status as such can be verified via the VetBiz Vendor Information Pages Verification Program located at www.VetBiz.gov or the successor vendor information and verification system established by or in contract with the federal government.

“State Agencies” shall mean each executive office, board, commission, department, division, council, bureau, office or other agency now existing and hereafter established, including the Massachusetts department of transportation established pursuant to chapter 6C of the General Laws.

“Women Business Enterprise” shall have the same meaning as the term is defined in said section 58 of said chapter 7 of the General Laws and regulations promulgated pursuant thereto.

V.  Public Construction Contract Reporting

1. Each state agency that enters into a public construction contract on or after July 1, 2013 shall submit a quarterly report on each said contract to the Office of Access and Opportunity.  The quarterly report shall be submitted in an electronic format in a format created by the state agency or in the form and manner prescribed by the Office of Access and Opportunity and shall include, but not be limited to the following information:
    
2. Public Construction Contract Information:
3. The date each contract was entered into;
4. A brief description of each contract including the contract reference number, total contract dollar amount to be spent on the contract, the location of the project, and whether the project is federally aided or state funded;
5. The total amount of money expended, to date, on each contract;
6. The total amount of money expended, to date, with minority business enterprises, women business enterprises, service-disabled veteran-owned business enterprises, and/or disadvantaged business enterprises on the contract;
7. The name of each minority business enterprise, women business enterprise, service-disabled veteran-owned business enterprise, and/or disadvantaged business enterprise that performs work as a contractor (whether as a general or prime contractor or as a subcontractor) and the amount of money expended, to date, with each such minority business enterprise, women business enterprise, service-disabled veteran-owned business enterprise, and/or disadvantaged business enterprise;
8. The total number of labor hours worked, to date, on each contract, organized in numerical order by the resident zip code of each worker;
9. The total number of labor hours worked, to date, expressed both in the form of a whole number and as a percentage, by women on each public construction contract;
10. The total number of man hours worked, to date, expressed both in the form of a whole number and as a percentage by minorities on each public construction contract; and,
11. Any additional information required by the Office of Access and Opportunity.

(ii)   Contract for Design Services

1. The date the contract was entered into;
2. A brief description of each contract including the contract reference number, total contract dollar amount to be spent on the contract, the location of the project, and whether the project is federally aided or state funded;
3. The total amount of money expended, to date, on each contract;
4. The total amount of money expended, to date, with minority business enterprises, women business enterprises, service-disabled veteran-owned business enterprises, and/or disadvantaged business enterprises on the contract;
5. The name of each minority business enterprise, women business enterprise, service-disabled veteran-owned business enterprise, and/or disadvantaged business enterprise that performs work as a contractor (whether as a general or prime contractor or as a subcontractor) and the amount of money expended, to date, with each such minority business enterprise, women business enterprise and/or disadvantaged business enterprise;
6. Demographic data including but not limited to the gender, race and ethnicity of each person working for the design firm and providing services to the state agency pursuant to each design contract; and,
7. Any other information required by the Office of Access and Opportunity.
8. The quarterly report required pursuant to this section shall be submitted not later than 60 days after the end of the preceding quarter.

VI.  Role of the Office of Access and Opportunity

1. The Assistant Secretary for Access and Opportunity, pursuant to Section 4 of Executive Order 527, shall establish a Construction Procurement Advisory Group not later than fifteen days after this Administrative Bulletin and these Guidelines become effective. In addition to the purposes stated in said Section 4, the Construction Procurement Advisory Group shall work with state agencies to ensure the smooth and timely implementation of these Guidelines.
2. The Office of Access and Opportunity shall, within 30 days after receiving the reports pursuant to Section V of these Guidelines from each state agency required to submit a report, compile said reports into a single report and shall make such single report available on the website established pursuant to section 14C of chapter 7 of the General Laws..
3. The Assistant Secretary shall make a copy of the report required pursuant to subsection (b) to each head of the agency that has provided information to the Office of Access and Opportunity.

VII.  Effective Date

     This Administrative Bulletin and the provisions herein shall take effect July 1, 2013.

VIII. Prior Reporting Requirements to Remain in Effect

The reporting requirements of ANF Administrative Bulletin 17 shall remain in effect until the fourth quarter reports have been submitted.  The Office of Access and Opportunity shall provide any additional guidance with respect to reports required to be submitted pursuant to ANF Administrative Bulletin 17.