Ch. 116

1995 LAWS OF MARYLAND

(I) organized to promote the interests of physically or mentally
disabled individuals; OR

(II) CONTROLLED BY INDIVIDUALS WHO ARE MEMBERS OF A
GROUP THAT IS SOCIALLY OR ECONOMICALLY DISADVANTAGED, AS DEFINED IN
PARAGRAPH (1) (II) OF THIS SUBSECTION.

(3) IN PARAGRAPH (2) OF THIS SUBSECTION, "CONTROLLED" MEANS
THAT AT LEAST 51% OF THE MEMBERS OF THE BOARD OF DIRECTORS, OR AT LEAST
51% OF THE FULL TIME EMPLOYEES ARE MEMBERS OF A GROUP THAT IS SOCIALLY
OR ECONOMICALLY DISADVANTAGED.

14-302.

(a) [Except for leases of real property, each unit shall structure procurement
procedures to:

(1)     encourage participation in the process by certified minority business
enterprises; and

(2)     try to provide a fair share of procurement contracts to certified minority
business enterprises.

(b)] (1) Except for leases of real property and except as provided in
[paragraph] PARAGRAPHS (2) AND (3) of this subsection, each [designated] unit shall
structure procurement procedures, consistent with the purposes of this subtitle, to try to
achieve the result that a minimum of [10%] 18% 12% 14% of the [designated] unit's total
dollar value of procurement contracts is made directly or indirectly from certified
minority business enterprises.

(2)      [In] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION.
IN procurement for construction, [the Department of Transportation] EACH UNIT shall:

(i) structure procurement procedures, consistent with the purposes of
this subtitle, to try to achieve [participation by certified minority business enterprises in
the amount of at least 10% of the dollar value of procurement contracts in excess of
$100,000 on the prime or subcontract level; and] THE RESULT THAT A MINIMUM OF 5%
12% 14% OF THE UNIT'S TOTAL DOLLAR VALUE OF CONSTRUCTION CONTRACTS IS
MADE DIRECTLY OR INDIRECTLY FROM CERTIFIED MINORITY BUSINESS
ENTERPRISES OWNED BY WOMEN AND 13% OF THE UNIT'S TOTAL DOLLAR VALUE
OF CONSTRUCTION CONTRACTS IS MADE DIRECTLY OR INDIRECTLY FROM
CERTIFIED MINORITY BUSINESS ENTERPRISES OWNED BY OTHER MINORITIES; AND

(ii) consider the practical severability of the construction projects.

(3)      WITH RESPECT TO THE MARYLAND DEPARTMENT OF
TRANSPORTATION, THE PROVISIONS OF SUBSECTION (A)(2)(I) PARAGRAPH (2)(I) OF
THIS SUBSECTION SHALL APPLY ONLY TO CONSTRUCTION CONTRACTS IN EXCESS OF
$100,000.

(4)      TO ACHIEVE THE RESULT SPECIFIED IN PARAGRAPH (I) OR (2) OF
THIS SUBSECTION, A CONTRACTOR SHALL:

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