Municipal Construction Affirmative Marketing Program Law
The Municipal Construction Affirmative Marketing Program is not an awarding authority. It monitors minority business enterprise (MBE) and women business enterprise (WBE) compliance in state of funded vertical construction projects throughout the Commonwealth’s 351 municipalities. The definition of a vertical construction project is four walls and a roof. The program also grants pre-advertisement and pre-bid waivers of MBE, WBE and veteran business enterprise (VBE) goals on Massachusetts School Building Authority (MSBA) projects. Additionally, the SDO helps General Contractors conduct MBE and WBE outreach on public construction projects, maintain ongoing partnerships with three schools of construction management, and is a readily available resource to help any Commonwealth agency identify MBE, WBE and VBE contractors.
Municipal Construction Affirmative Marketing Program Law Key Points
- Municipal Construction Affirmative Marketing Program Law applies to state funded vertical construction projects, not horizontal projects.
- Design or Construction Phase projects that exceed $100,000 have MBE and WBE participation goals.
- The Design Phase is a combined MBE and WBE goal of 17.9%. A reasonable representation of both MBE and WBE firm participation is required.
- The Construction Phase is a combined MBE and WBE goal of 10.4%. A reasonable representation of both MBE and WBE firm participation is required.
- Pre-Advertising requests for the adjustment or waiver of MBE and WBE participation goals are to be submitted to the SDO Municipal Construction Affirmative Marketing Program at email@example.com.
- Pre-Bid requests for the reduction or waiver of MBE and WBE participation goals must be submitted to the Awarding Authority. The decision will be finalized by John B. Fitzpatrick, the Director of Supplier Diversity Programs.
OSD's Supplier Diversity Office (SDO) wrote the guidelines with the explicit purpose of assisting municipalities in the development of their project bid documents for state-assisted building projects that fall under the definition of the Affirmative Marketing Program, Chapter 193 of the Acts of 2004. The guidelines are broken down into model language that is separated into four attachments, which may be incorporated into a municipality's project bid documents.