Section 10.30  Agency Compliance

a)         Each agency shall submit a compliance plan annually.  The Council shall establish the format and timetable for submission of the plan.  The Council shall approve the plan if it meets the requirements of the Act and this Part.

b)         The Council, on its own motion or upon request of a purchasing agency, shall recommend ways in which the purchasing agency may reach its goal. Upon a finding by the Council that a purchasing agency's compliance plan is insufficient to reach the agency's goal, the Council shall recommend ways in which the agency can reach its goal.  Such recommendations may include, but shall not be limited to:

1)         using stronger and better focused solicitation efforts to obtain more BEP eligible businesses as potential sources of supply;

2)         division of job or project requirements, when economically feasible, into smaller, more manageable, tasks or quantities;

3)         elimination of extended experience or capitalization requirements when programmatically feasible; and

4)         identification of specific proposed contracts as particularly attractive or appropriate for participation by BEP eligible businesses.

c)         If the compliance plans or quarterly reports indicate the agency's goal will not be reached, the Council may request the agency head to appear before the Council and explain the agency's non-compliance.  If the Council determines the agency is not making a serious effort to reach the goal, the Council will prepare a report for submission to the Governor with recommendations for remedial action.