Ch. 189

LAWS OF MARYLAND

(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.

(c) (1) Subject to § 2-1312 of the State Government
Article each designated department shall make a report annually
within 90 days following the close of the fiscal year to the
Board, the Legislative Policy Committee, and the Governor's
Office of Minority Affairs of the total number and value of its
procurements from certified minority business enterprises and the
percentage which those procurements represent of the total number
and value of its procurements for the preceding fiscal year.

(2) (i) Each procurement agency, other than the
designated departments, shall compile, to the extent available,
the information specified in paragraph (1) of this subsection.
Not later than 90 days following the close of each fiscal year,
each such procurement agency shall transmit that information to
the Governor's Office of Minority Affairs and additionally shall
state whatever steps it has taken to comply with [paragraph]
SUBSECTION (b)(3) of this section.

(ii) The Governor's Office of Minority Affairs
shall report not later than the end of the calendar year to the
Legislative Policy Committee, summarizing the information
submitted under subparagraph (i) of this paragraph by procurement
agencies.

(3)  The Legislative Policy Committee shall direct at
least 1 standing committee of the House of Delegates and 1
standing committee of the Senate of Maryland to review annually
the performance of State agencies under this section as reported
in paragraphs (1) and (2) of this subsection.

(d) (1) The provisions of subsection (b) of this section

are inapplicable to the extent any department determines that

they are in conflict with any applicable federal program

requirement.                                               

(2) The determination shall be in writing and shall
be included with the report required under subsection (c) of this
section .                                   

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