Ch. 48

LAWS OF MARYLAND

(1)  IN ACCORDANCE WITH TITLE 10, SUBTITLE 1 OF THE
STATE GOVERNMENT ARTICLE, THE BOARD SHALL ADOPT REGULATIONS
CONSISTENT WITH THE PURPOSES OF THIS DIVISION II TO CARRY OUT THE
REQUIREMENTS OF THIS SUBTITLE.

(2)  THE REGULATIONS SHALL ESTABLISH PROCEDURES TO BE
FOLLOWED BY UNITS, 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.

(B) REQUIRED REGULATIONS.

THESE REGULATIONS SHALL INCLUDE:

(1)  A REQUIREMENT THAT THE SOLICITATION DOCUMENT
ACCOMPANYING EACH SOLICITATION SET FORTH THE EXPECTED DEGREE OF
MINORITY BUSINESS ENTERPRISE PARTICIPATION BASED, IN PART, ON:

(I)  THE POTENTIAL SUBCONTRACT OPPORTUNITIES
AVAILABLE IN THE PRIME PROCUREMENT CONTRACT; AND

(II)  THE AVAILABILITY OF CERTIFIED MINORITY
BUSINESS ENTERPRISES TO RESPOND COMPETITIVELY TO THE POTENTIAL
SUBCONTRACT OPPORTUNITIES;

(2)  A REQUIREMENT THAT THE UNIT PROVIDE A CURRENT
LIST OF CERTIFIED MINORITY BUSINESS ENTERPRISES TO EACH
PROSPECTIVE CONTRACTOR;

(3)  PROVISIONS TO ENSURE THE UNIFORMITY OF REQUESTS
FOR BIDS ON SUBCONTRACTS;

(4)  PROVISIONS RELATING TO THE TIMING OF REQUESTS FOR
BIDS ON SUBCONTRACTS AND OF SUBMISSION OF BIDS ON SUBCONTRACTS;

(5)  PROVISIONS DESIGNED TO ENSURE THAT A FISCAL
DISADVANTAGE TO THE STATE DOES NOT RESULT FROM AN INADEQUATE
RESPONSE BY MINORITY BUSINESS ENTERPRISES TO A REQUEST FOR BIDS;

(6)  PROVISIONS RELATING TO ANY CIRCUMSTANCES UNDER
WHICH A UNIT MAY WAIVE OBLIGATIONS OF THE CONTRACTOR RELATING TO
MINORITY BUSINESS ENTERPRISE PARTICIPATION; AND

(7)  OTHER PROVISIONS THAT THE BOARD CONSIDERS
NECESSARY OR APPROPRIATE TO ENCOURAGE PARTICIPATION BY MINORITY
BUSINESS ENTERPRISES AND TO PROTECT THE INTEGRITY OF THE
PROCUREMENT PROCESS.

REVISOR'S NOTE: This section formerly appeared as SF §
ll-148(b)(4).

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