WILLIAM DONALD SCHAEFER, Governor                   Ch. 641

11-148.

(b) (4) The Board of Public Works shall adopt regulations,
IN ACCORDANCE WITH TITLE 10, SUBTITLE 1 OF THE STATE GOVERNMENT
ARTICLE, 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
the prime contract and the availability of certified minority
business enterprises to competitively respond to the potential
subcontract opportunities;

(ii) a requirement that the designated
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
minority business enterprises, and to protect the integrity of
the procurement process.

11-205.

(a) (1) In this section the following words have the
meanings indicated.

(2) "Board" means the Board of Public Works.

- 3009 -