3382

LAWS OF MARYLAND

Ch. 840

(4)   "Minority [person] INDIVIDUAL" means a member of
a socially or economically disadvantaged minority group, which
for purposes of this subtitle includes Blacks (not of Hispanic
origin), Hispanics, American Indians, Alaska natives, Asians,
Pacific Islanders, women, and the physically or mentally
disabled.

(5)  "Certification" means the determination, through
whatever procedure is used by a department, that a legal entity
is a minority business enterprise for purposes of this subtitle.

[(6) "Person" means an individual, association, sole
proprietorship, partnership, or corporation.]

(b) (1) Each DESIGNATED department, except the Department
of Transportation as to construction contracts, shall structure
its procedures for procuring supplies, services, [and]
construction, CONSTRUCTION RELATED SERVICES, ARCHITECTURAL
SERVICES, AND ENGINEERING SERVICES to attempt to achieve,
consistent with the purposes of this [subtitle] SECTION, the
result that a minimum of 10 percent of the total dollar value of
such procurements are made directly or indirectly from certified
minority business enterprises.

(2)  (I) The Department of Transportation shall
structure its procedures for procuring construction to attempt to
achieve, consistent with the purposes of this [subtitle] SECTION,
participation by 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]

(II) 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,
CONSTRUCTION RELATED SERVICES, ARCHITECTURAL SERVICES, AND
ENGINEERING SERVICES 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 [Division II
[ of this article] SUBTITLE, to govern each DESIGNATED
department or other procurement agency. The regulations shall
prescribe procedures to be followed by the DESIGNATED department
or agency and by prospective contractors and successful bidders
OR OFFERORS 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: