852

LAWS OF MARYLAND

Ch. 193

(2)  The Department of Transportation shall structure
its procedures for procuring construction to attempt to achieve,
consistent with the purposes of this subtitle, 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
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 CERTIFIED' minority
business enterprises and to attempt to provide to CERTIFIED
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, to govern each department or other procurement
agency. 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 solicitation
document accompanying each request for bids set forth the 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 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

(vii) Such other provisions as the Board
considers necessary or appropriate to encourage participation by