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847
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HARRY HUGHES, Governor
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consistent with the [preamble to] PURPOSES OF this subtitle,
participation by [business enterprises, determined by the
Department of Transportation to be] CERTIFIED minority business
enterprises, in the amount of at least 10 percent of the dollar
value of contracts in excess of $100,000 on the prime or
subcontract level. In so doing, the Department of Transportation
shall take into consideration the practical severability of the
construction projects.
(3) EACH PROCUREMENT AGENCY SHALL STRUCTURE ITS
PROCEDURES FOR PROCURING SUPPLIES, SERVICES, AND CONSTRUCTION TO
ENCOURAGE PARTICIPATION IN THE PROCESS BY MINORITY BUSINESS
ENTERPRISES AND TO ATTEMPT TO PROVIDE TO MINORITY BUSINESS
ENTERPRISES A FAIR SHARE OF STATE CONTRACTS.
(4) THE BOARD OF PUBLIC WORKS SHALL ADOPT
REGULATIONS, CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, TO
GOVERN EACH DEPARTMENT OR OTHER PROCUREMENT AGENCY WHEN THAT
AGENCY OR DEPARTMENT RELIES ON THE SUBCONTRACTING PROCESS TO
SATISFY THE REQUIREMENTS OF THIS SUBTITLE. THE REGULATIONS SHALL
PRESCRIBE PROCEDURES TO BE FOLLOWED BY THE DEPARTMENT OR AGENCY
AND BY PROSPECTIVE CONTRACTORS AND SUCCESSFUL BIDDERS TO MAXIMIZE
NOTICE TO, AND THE OPPORTUNITY TO PARTICIPATE IN THE PROCUREMENT
PROCESS BY, A BROAD RANGE OF MINORITY BUSINESS ENTERPRISES. THE
REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) A REQUIREMENT THAT THE SPECIFICATIONS
SOLICITATION DOCUMENT ACCOMPANYING EACH REQUEST FOR BIDS SET
FORTH THE NATURE AND DEGREE OF MINORITY BUSINESS ENTERPRISE
PARTICIPATION EXPECTED BASED, IN PART, UPON THE POTENTIAL
SUBCONTRACT OPPORTUNITIES AVAILABLE IN THE PRIME CONTRACT AND THE
AVAILABILITY OF CERTIFIED MINORITY BUSINESS ENTERPRISES TO
COMPETITIVELY RESPOND TO THE POTENTIAL SUBCONTRACT OPPORTUNITIES;
(II) A REQUIREMENT THAT THE DEPARTMENT OR
AGENCY MAKE AVAILABLE A CURRENT LIST OF CERTIFIED MINORITY
BUSINESS ENTERPRISES TO EACH PROSPECTIVE CONTRACTOR;
(III) PROVISIONS ASSURING THE UNIFORMITY OF
REQUESTS FOR BIDS ON SUBCONTRACTS;
(IV) PROVISIONS RELATING TO THE TIMING OF
REQUESTS FOR BIDS ON SUBCONTRACTS AND OF SUBMISSION OF BIDS
THEREON;
(V) PROVISIONS DESIGNED TO ASSURE THAT A
COMPETITIVE FISCAL DISADVANTAGE TO THE STATE DOES NOT RESULT FROM
AN INADEQUATE RESPONSE BY MINORITY BUSINESS ENTERPRISES TO A
REQUEST FOR BIDS;
(VI) PROVISIONS RELATING TO ANY CIRCUMSTANCES
UNDER WHICH OBLIGATIONS OF THE CONTRACTOR RELATING TO MINORITY
BUSINESS ENTERPRISE PARTICIPATION MAY BE WAIVED BY THE DEPARTMENT
OR AGENCY; AND
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