Home / Unified Government / UG Updates Purchasing Policy as Federal Rules Limit Enforcement of MBE and WBE Requirements

UG Updates Purchasing Policy as Federal Rules Limit Enforcement of MBE and WBE Requirements

Commissioners asked how the updated policy aligns with national guidance and what changes mean for local vendors.

The Unified Government (UG) approved an updated Purchasing Policy on Monday after a discussion about how federal rules affect the way the UG can use Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) requirements. The change came before the December 8 Economic Development & Finance Standing Committee, where Commissioners raised questions about enforcement and clarity.

During the meeting, one Commissioner noted that older versions of the Purchasing Policy and a 2020 administrative memo still referenced MBE and WBE language. Staff and Legal explained that federal guidance prevents enforcement of those provisions at this time. Because federal rules override local policies, the UG must avoid applying any requirement that conflicts with those federal restrictions.

Legal staff said the update focuses on cleaning up outdated language and aligning the policy with requirements that are allowed under current federal standards. They also said enforcement could change in the future if federal guidance shifts again. According to staff, the UG does not want to remove opportunities for local vendors, but it must make sure the policy does not run counter to federal rules.

Commissioners also asked whether the new policy affects how the UG works with local businesses during construction projects. Staff said the main goal is to release a clear, accurate policy that vendors can follow without confusion. They noted that removing unenforceable lines from the text helps avoid misunderstandings and keeps the UG in compliance with federal guidance. The Standing Committee approved the update with direction for Legal to make small clerical corrections before the final version is submitted.

The Purchasing Policy governs everything from how bids are solicited to how contracts are awarded. With these updates complete, vendors should expect the UG to continue encouraging participation from all qualified businesses while following the federal rules that limit how certain requirements can be applied.

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