Working Group On Diversity In Construction

WHEREAS, Rhode Island is committed to enhancing the economic health and prosperity of socially and economically disadvantaged minority, women and disability business enterprises; and

WHEREAS, a diverse business community strengthens the state economy; and

WHEREAS, Rhode Island is committed to infrastructure development that will build on and enhance the existing minority, women and disability business enterprise programs; and

WHEREAS, the state recognizes that horizontal and vertical construction laws, regulations, policies and practices are key components to economic growth and development for Rhode Island; and

WHEREAS, it is critical to ensure that the state has an adequate, efficient and inclusive process that ensures participation of minority, women and disability business enterprises on public horizontal and vertical construction projects.

NOW, THEREFORE, I, GINA M. RAIMONDO, by virtue of the authority vested in me as Governor of the State of Rhode Island and Providence Plantations, do hereby order as follows:

A. There is hereby established a Working Group on Diversity in Construction (“Working Group”) that shall exist for the purpose of advising the Governor on the adequacy, efficiency, and inclusiveness of state laws, regulations, policies and practices governing the participation of minority, women and disability business enterprises on public horizontal and vertical construction projects.

1. The members and chair(s) of the Working Group shall be appointed by the Governor and shall serve at the pleasure of the Governor. The membership shall consist of a broadly inclusive group of construction industry stakeholders and representatives, including but not limited to Rhode Island state and municipal agencies, major prime contractors, subcontractors, representatives of the minority, women and disability business communities, labor and trade organizations, and representatives of diverse community groups.

B. Cooperation with the Working Group - All departments, offices, boards, commissions and agencies of the State shall cooperate with the Working Group, including providing necessary staff support and use of State Facilities, which may be necessary to fulfill the purposes of this Executive Order.

C. Duties and Purpose - The Working Group shall review all aspects of horizontal and vertical construction laws, regulations, rules, policies and practices as it relates to their impact on minority, women and disability business enterprises. Such review shall include, but not be limited to:

1. Use of technology to track actual payments to minority, women and disability business enterprise prime contractors, subcontractors, and suppliers who participate in state-funded construction projects.
   
    
2. Development of strategies to expand the number of minority, women and disability business enterprises seeking Rhode Island certification for construction projects.
   
    
3. Identification of barriers to the utilization of minority, women and disability business enterprises and development of strategies to increase the participation of minority, women and disability business enterprises in the state’s construction projects.
   
    
4. Utilization of data and input regarding the state’s procurement process to understand how state construction project bids are solicited and awarded, as well as the process for granting “good faith effort” waivers.
   
    
5. Processes regarding the role of the Office of Diversity, Equity and Opportunity (“ODEO”) prior to final awards being made to ensure that participation of minority, women and disability business enterprises is considered and factored into all construction projects, where the opportunity for such entities to participate exists.
   
    
6. Identification of barriers to inclusion and participation of ODEO in the solicitation, award and contract compliance related to state construction projects.
   
    
7. As it relates to the utilization of minority, women and disability business enterprises, compliance with regulations governing prompt payment, contract performance, participation, processing and tracking of complaints and the imposition of sanctions and/or remedial actions, as well as practices related to all such activities.
   
    
8. Review of municipal construction projects funded in whole or in part with state funds or federal funds that the state administers to ensure compliance with state laws, regulations, policies, practices and requirements regarding minority, women and disability business enterprises.

D. The Working Group meetings shall be open public meetings held in such locations throughout Rhode Island in order to engage the public and to ensure transparency of process.

E. The Working Group shall begin its work immediately and shall submit a report of initial findings to the Governor six (6) months from the date when all Working Group members have been appointed and convened. A final report shall be provided to the Governor six (6) months thereafter.

This Executive Order shall take effect immediately.

So Ordered,

Gina M. Raimondo

Governor