WILLIAM DONALD SCHAEFER, Governor

Ch. 48

AMOUNT OF AT LEAST 10% OF THE DOLLAR VALUE OF PROCUREMENT
CONTRACTS IN EXCESS OF $100,000 ON THE PRIME OR SUBCONTRACT
LEVEL; AND

(II)
CONSTRUCTION PROJECTS.

CONSIDER THE PRACTICAL SEVERABILITY OF THE

(C) CONFLICTS WITH FEDERAL REQUIREMENTS.

(1)  THE PROVISIONS OF § 14-303 OF THIS SUBTITLE AND
SUBSECTIONS (A) AND (B) OF THIS SECTION ARE INAPPLICABLE TO THE
EXTENT THAT ANY OF THE PRIMARY PROCUREMENT UNITS DETERMINES THE
PROVISIONS TO BE IN CONFLICT WITH ANY APPLICABLE FEDERAL PROGRAM
REQUIREMENT.

(2)  THE DETERMINATION UNDER THIS SUBSECTION SHALL BE
INCLUDED WITH THE REPORT REQUIRED UNDER § 14-305 OF THIS
SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § ll-148(b)
and (d).

In subsection (c)(2) of this section, the former
requirement that the determination be "in writing" is
deleted as unnecessary in light of the substantive
requirement, in § 11-207(1) of this article, that
determinations be in writing.

Defined terms: "Certified minority business

enterprise" § 14-301
"Construction" § 11-101 "Designated unit" § 14-301
"Primary procurement units" § 11-101
"Procurement" § 11-101
"Procurement contract" § 11-101 "Unit" § 11-101

14-303. REGULATIONS BY BOARD.
(A) IN GENERAL.

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The introductory phrases of subsections (a) and (b)(1)
of this section, "[e]xcept for leases of real
property", are added to reflect that former SF §
ll-148(b)(l) and (3) referred specifically to
"procuring supplies, services, construction,
construction related services, architectural services,
and engineering services" and, thus, did not encompass
leases of real property and may not have encompassed
leases of personal property. The substitution of the
defined term "procurement" and the express exclusion
for leases of real property resolves this ambiguity.