WILLIAM DONALD SCHAEFER, Governor Ch. 411

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 the Department of Transportation or
recommended by the State Minority Business Certification Council,
that a legal entity is a minority business enterprise for
purposes of this subtitle.

(b) (1) Each designated department, except the Department
of Transportation as to construction contracts, shall structure
its procedures for procuring supplies, services, construction,
construction related services, architectural services, and
engineering services to attempt to achieve, consistent with the
purposes of this 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 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.

(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, construction,
construction related services, architectural services, and
engineering services 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, 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:

(i) a requirement that the solicitation
document accompanying each solicitation set forth the degree of
minority business enterprise participation expected based, in
part, upon the potential subcontract opportunities available in

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