Business Enterprise Council

The Business Enterprise Council (BEP Council) was developed to help implement, monitor, and enforce the goals of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act (BEP Act). The BEP Council meets bi-monthly.

The Commission on Equity and Inclusion (CEI) Chairperson serves as the BEP Council Chairperson and selects, subject to the approval of the BEP Council, the BEP Council Secretary, who is responsible for the Business Enterprise Program's (BEP) operation. In addition to the BEP Council Chairperson, the BEP Council consists of the following individuals:

• The Secretary of the Department of Human Services (DHS) or their designee
• The Director of the Department of Human Rights (DHR) or their designee
• The Director of the Department of Commerce and Economic Opportunity (DCEO) or their designee
• The Director of the Department of Central Management Services (CMS) or their designee
• The Director of the Department of Transportation (DOT) or their designee
• The Director of the Capital Development Board (CDB) or their designee
• Ten individuals representing minority-owned (MBE), women-owned (WBE), or persons with disabilities-owned (PBE) businesses
• Two individuals representing the business community
• A representative of public institutions of higher education (PIHE)
• The Comptroller, or their designee, as an advisory member

The Governor appoints individuals representing MBEs, WBEs, PBEs, the business community, and the representative for the public institutions of higher education.

BEP Council members serve a two-year term and are eligible for reappointment.

Click here to see the list of the current BEP Council members.

BEP Council Responsibilities in the BEP Act

The BEP Council, a key entity in the BEP Act, is entrusted with significant responsibilities that play a crucial role in the effective implementation of the statute.

1. The BEP Council must submit an annual report by March 1st each year to the Governor, the Bureau on Apprenticeship Programs and Clean Energy Jobs, and the General Assembly. This report will detail contracts related to insurance, investment, IT, accounting, architectural, engineering, and legal services utilized by agencies and public institutions of higher education, excluding community colleges. It will also outline the actions taken to enhance the use of BEP-owned service firms as prime and subcontractors, along with any recommendations from the BEP Council to increase the participation of these firms in State contracts.

2. The BEP Council must submit an annual report by March 1st each year to the Governor, the Bureau on Apprenticeship Programs and Clean Energy Jobs, and the General Assembly, focusing on community college contracts in various sectors such as insurance, investment, IT, accounting, architectural, engineering, and legal services. This report will include the names of the community colleges in the district, contact information for a designated point of contact for BEP vendors at each college, the district's policy on BEP-certified vendors, recognized certifications for BEP ownership, outreach efforts to promote BEP-certified vendors, total expenditures and payments to these vendors for the prior fiscal year, and the number of contracts awarded to BEP-certified vendors in specified work divisions.

3. At each regularly scheduled BEP Council meeting, the Council must discuss the utilization of BEP-certified firms in contracts for insurance, investment, IT, accounting, architectural, engineering, and legal services. The Council must review the progress made by agencies and public institutions of higher education in utilizing BEP service firms. Additionally, the Council must investigate any evidence of past or present discrimination based on race, ethnicity, or gender that impacts contracting with BEP firms. If discrimination is identified against a specific group, the BEP Council will establish or adjust sheltered markets to address these issues.

4. The BEP Council must implement, monitor, and enforce the goals of the BEP Act.

5. The BEP Council must approve (or deny) the Chairperson’s BEP Council Secretary selection.

6. The BEP Council must establish certification and registration procedures to ensure businesses legitimately classified as BEP firms can take advantage of the BEP Act, including recognizing certifications from other approved programs.

7. The BEP Council must maintain a comprehensive list of businesses legitimately classified as owned by minorities, women, or persons with disabilities.

8. The BEP Council must review and update rules and regulations for implementing the BEP program.

9. The BEP Council must review compliance plans submitted by agencies and public institutions of higher education.

10. The BEP Council must submit an annual BEP expenditure report to the Governor and the General Assembly before March 1st. This report must include any findings related to sheltered markets.

11. The BEP Council must serve as a central clearinghouse for State contracts, providing information on bidding opportunities to businesses owned by minorities, women, and persons with disabilities.

12. The BEP Council must establish a toll-free telephone number for information requests about certification and pending contracts.

13. The BEP Council must develop a process to grant automatic certification to businesses holding certifications from specified entities.

14. The BEP Council must maintain a repository for non-certified vendors who have applied for certification and were denied, have an incomplete certification application, have achieved certification but didn't seek renewal, or are known businesses owned by minorities, women, or persons with disabilities.

15. BEP Council members must disclose any direct financial or personal interest in any measure pending before the BEP Council and abstain from participating in the decision-making process.

16. The BEP Council must review, approve, or reject agency and public institutions of higher education compliance plans.

17. The BEP Council must review, approve, or reject agency and public institutions of higher education individual and class contract BEP participation exemption requests and send them to the Bureau on Apprenticeship Programs and Clean Energy Jobs.

18. The BEP Council must review, approve, or reject vendor BEP participation waiver requests and send them to the Bureau on Apprenticeship Programs and Clean Energy Jobs.

19. The BEP Council will hold regular meetings to fulfill its responsibilities under the BEP Act.

20. The BEP Council must set aside time during its regular meetings to review and discuss evidence of past or present discrimination that affects State contracting with businesses owned by minorities, women, and persons with disabilities. If the BEP Council finds evidence of discrimination against a specific group, race, or sex, it will establish or adjust sheltered markets to address the specific issues identified.

21. The BEP Council must approve any recommended rules and regulations for the establishment and continuation of narrowly tailored sheltered markets before the rules are submitted to JCAR.

22. The BEP Council must report any applicable vendor that fails to submit a supplier diversity report to the Chief Procurement Officers.

The BEP Council delegated the following responsibilities to BEP: 

1. Develop and implement a certification procedure and system, including the FastTrack and Recognition certification processes. 
2. Review certification applications to ensure applicants are eligible. 
3. Maintain a list of certified BEP vendors available to the public. 
4. Review rules and regulations and make recommendations for the BEP Council. 
5. Review utilization plans, solicitation goal setting, pre-award, and individual contract waiver and exemption requests. 
6. Conduct outreach to current and prospective BEP vendors. 

Until the BEP Council votes to return such delegated responsibilities to the BEP Council, BEP shall be independently responsible for performing all its duties and responsibilities.