25 Ind. Admin. Code 5-7-3

Current through October 31, 2024
Section 25 IAC 5-7-3 - Goal setting

Authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC 4-13.6-3-1

Affected: IC 4-13-1; IC 4-13-16.5-1; IC 4-13.6; IC 5-22

Sec. 3.

(a) The goal setting shall be subject to the following provisions:
(1) The goals shall be updated annually, during the month of March, to go into effect July 1 of the same year.
(2) The goals shall reflect current utilization and availability.
(3) The goals will apply to procurements and contracts as awarded, and to change orders, amendments, and other modifications to the contract, which affect contract value.
(4) In accordance with IC 4-13-16.5-1, the findings of discrimination shall be updated, and the continuance of the goals shall be subject to the results of that review.
(b) Upon approval of the commission, the department may set overall MBE and WBE goals, which may be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for MBE and WBE participation.
(c) Upon approval of the commission, the department may set specific MBE and WBE goals in the areas of construction, professional services, suppliers, and other business services based on the disparate findings of the Statistical Analysis of Utilization.
(d) Goals set by the department shall incorporate the availability of MBEs and WBEs to perform the work and the availability of MBEs and WBEs in the location where the work is to be done.
(e) Subgoals may be set, wherein specific race and gender goals are set, incorporating the findings of the study, and in accordance with applicable laws.
(f) Goals may vary on individual contracts. However, the combined participation shall represent the MBE and WBE participation for the year.

25 IAC 5-7-3

Indiana Department of Administration; 25 IAC 5-7-3; filed May 30, 2003, 11:00 a.m.: 26 IR 3309; readopted filed Oct 6, 2009, 9:04 a.m.: 20091104-IR-025090572RFA
Readopted filed 12/2/2015, 2:41 p.m.: 20151230-IR-025150342RFA
Readopted filed 10/19/2021, 9:13 a.m.: 20211117-IR-025210389RFA