PARRIS N. GLENDENING, Governor                             Ch. 116

WHEREAS,—Evidence of discrimination against women demonstrates that there is
continuing discrimination against such persons in the construction contracting area and
the elimination of such discrimination is substantially related to important government
objectives; and

WHEREAS,—In nonconstruction areas of contracting, in Maryland and in the
State marketplace, businesses owned and controlled by women are underutillized and this
disparity taken with other evidence demonstrates that this underutilization is the product
of current, continuing discrimination against women in these areas of contracting; and

WHEREAS,—The Maryland Minority Business Enterprise Program has not
eradicated the impact of past discrimination or precluded ongoing discrimination; and

WHEREAS,—Continuation of a narrowly tailored program, meeting the
requirements of Croson and later decisions is essential to the ultimate achievement of a
marketplace in which minority firms will not be subject to discrimination and in which
minority firms, will without aid of such a program, obtain, and continue to obtain, a fair
share of private and public contract expenditures; and

WHEREAS,—Race and gender neutral means of assisting minority firms exist and
have been attempted, but do not effectively eradicate the effects of past discrimination or
preclude ongoing discrimination against minority businesses, and have no substantial
likelihood of achieving the goal that these businesses will obtain and continue to obtain,
a fair share of State public contract expenditures in the absence of a minority business
program; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement

13-207.

(a) Except as otherwise provided in this section, a procurement officer may not
require a bidder or offeror to provide bid security on a procurement contract if the
procurement officer expects the price to be [$50,000] $100,000 or less.

(b) (1) A procurement officer shall require a bidder or offeror to provide bid
security on a procurement contract for construction if:

(i) the price is expected to exceed [$50,000] $100,000; or

(ii) the price is expected to be [$50;000] $100,000 or less but federal
law or a condition of federal assistance requires the security.

(2) The amount of bid security required for a procurement contract for
construction shall be:

(i) at least 5% of the bid or price proposal; or

(ii) if the bid or price proposal states a rate but not a total price, an
amount determined by the procurement officer.

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