Rules and Regulations

In August of 1996, the Weld-Cellucci Administration signed Executive Order 390 - The Affirmative Market Program in Public Contracting. In doing so, the Administration re-affirmed its commitment to enhance the participation of minority and women-owned businesses in the public sector marketplace. Executive Order 390, and Massachusetts General Law Chapter 7, Section 40N establish the state's affirmative purchasing programs for minority and women businesses. SDO certification expands the market opportunities of Minority Business Enterprises and Woman-Owned Business Enterprises by certifying their eligibility to participate in affirmative business opportunity programs throughout the state. SDO also certifies Disadvantaged Business Enterprises to compete for contracts funded by the US Department of Transportation.

The Small Business Administration's size standards define whether a business entity is small and, thus, eligible for Government programs and preferences reserved for "small business" concerns. These size standards have been established for types of economic activity, or industry.

Below are the detailed rules and regulations that apply to the governing of affirmative purchasing programs.

Please note: The following files are in .PDF format. You will need Adobe Acrobat® Reader (free) to view or download any of the following regulations.

425 CMR
Governs the process of certification of minority, woman and minority/woman business enterprises, non-profit organizations and joint ventures.

49 CFR Part 26
Federal Regulations for Disadvantaged Business Enterprises in Department of Transportation programs.

Executive Order 390
Establishes the state's affirmative purchasing programs for minority and women businesses.

13 CFR 121, 124, and 134
Small Business Size Regulations used in the Disadvantaged Business Enterprise Program. In all instances, once a business most recent three years average annual gross sales exceeds $22.41 million, it is no longer eligible for DBE certification.