Part II
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Small Business, Small Disadvantaged Business and Women-Owned Small Business Program

It is the position of Howard University ("University") that members of certain minority groups and women have been economically and socially disadvantaged due to racial, ethnic, and gender-based discrimination that have adversely affected their ability to develop business concerns, raise capital, and perform substantial contracts. The University strongly believes that it is wholly appropriate to engage in well calculated efforts that are specifically and narrowly designed to address current inequities caused by such historic disparities. Such efforts will increase competition for University acquisitions, provide the University with a greater range of goods and services, and increase fairness and diversity in our local market.

In addition to the foregoing, the University subscribes to the policy of the Federal Government to aid counsel, assist, and protect small business concerns and to ensure that a fair proportion of its total purchases are placed with such concerns. By sharing this commitment, the University is expressing its intention to use its purchasing power in a way that will mitigate against economic concentration and the concomitant evil of reduced competition.

Policy

It is the policy of the University that small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women (collectively referred to as "designated firms") shall have the maximum practicable opportunity to participate in performing University contracts, including contracts and subcontracts for subsystems, assemblies, components, and related services. Further, it is also the policy of the University that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with designated firms. Vendors who do not subscribe to this Policy and actively share this commitment will not be considered eligible for the award of any University contract.

Definitions

As used in this Policy, the term "small business concern" means a small business as defined by the Federal Government pursuant to the Small Business Act (15 U.S.C. 631 et seq.)

The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern: (1) which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is unconditionally owned by one or more socially and economically disadvantaged individuals; and (2) whose management and daily business operations are controlled by one or more of such individuals. Absent compelling evidence to the contrary, that will be considered on a case-by-case basis, the University shall generally presume that socially and economically disadvantaged individuals include African-Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Subcontinent Asian Americans.

The terms, "Small Business Concern owned and controlled by women," means a small business concern that is 51 percent owned by one or more women and whose daily business operation is controlled by such woman or women.

The term, "Certified", means any firm registered and certified as a bona fide small disadvantaged business enterprise by the District of Columbia Minority Business Opportunity Commission; in Maryland by the State of Maryland or the Maryland Department of Transportation; or in Virginia by the Commonwealth of Virginia's Department for Minority Business Enterprises. A Certified firm will be deemed to be a designated firm under this Policy.

Affirmative Effors

Methods:

In order to effectuate this Policy, the University will engage in a series of affirmative measures to increase contracting opportunities and awards to designated firms. Among other efforts, the University may, as appropriate and when economically feasible, undertake one or more of the following:

1. Divide proposed acquisitions of supplies and services (except major construction) into reasonably small lots (not less than economic production runs) to permit offers on quantities less than the total requirement;
2. Plan acquisitions such that more than one small business concern may perform the work;
3. Ensure that delivery schedules are established on a realistic basis that will encourage small business participation to the extent consistent with the actual requirements of the University;
4. Encourage prime contractors to subcontract with designated business concerns;
5. Provide designated firms with a copy of any solicitation upon request, provided that the items or services to be purchased will be acquired competitively and, provided further, that the University may charge a reasonable price for the preparation, duplication, and transmittal of solicitation documents to all firms that request a copy of them;
6. Publish and distribute directories of designated firms for use by buyers and user department representatives when identifying qualified suppliers;
7. Present orientation workshops or in-service training for user departments covering the University's procurement program;
8. Present commodity oriented workshops to bring together small groups of users and designated firms to discuss needs and capabilities;
9. Disseminate periodically to the University Community statements and letters of encouragement to utilize designated firms;
10. Use evaluation preferences or restricted procurement methods for the benefit of designated firms in order to increase purchases from such concerns in service or commodity categories where there is an under representation of such firms;
11. Obtain source lists of designated firms from the Government, trade associations, and other organizations that promote the development of such firms;
12. Establish liaison with small, minority-owned and women-owned business trade associations; and
13. Require the submission of subcontracting plans containing goals for subcontracting to designated firms on major acquisitions and utilizing such plans as an evaluation factor in the award of such acquisitions.

Acquisition Principles

Methods:

The University will utilize, in its sole discretion; such procurement methods as it determines may be in the best interest of the University under the circumstances. These methods may include, but not be limited to, the solicitation of offers through bids, competitive negotiations, or through limited, or single source negotiations or requests for proposals.

Acquisitions of items or services involving smaller dollar amounts may also be effected through the solicitation of verbal offers, or through the use of University credit cards with pre-approved sources. In addition, the University may also enter into ordering arrangements and the requirements of each University customer may be effected through the placement of delivery orders under those types of arrangements.

Price:

The University will not enter into any agreement or place any order for the acquisition of supplies or services unless it first determines that:

1. The total cost of the acquisition is reasonable and presents the best value to the University, considering quantities, quality, delivery schedule, prior experience, and the responsibility of the offeror;
2. The extent to which the offeror utilizes designated firms in a manner consistent with the economical performance of the acquisition; and
3. The acquisition is in accord with this Policy and the University Code of Ethics and Conduct.

The University may, in its sole discretion, use either a fixed-price or a cost reimbursement method of payment depending upon the type of item or service being acquired, its ability to define adequately the requirement, and its desire to promote competitive pricing methodologies.

University Rights:

This Policy is not intended to and does not create any contractual or other rights in any party that may be enforced against the University, its Board of Trustees, officers, employees, or representatives. The University has the unilateral right, in its sole discretion, to change, replace, or withdraw this Policy, in whole or in part, at any time and in any manner, without the provision of notice to any party.

Effective Date:

This Policy shall be effective July 1, 1999 and shall supercede all previous policies on this subject matter.