Ch. 116

1995 LAWS OF MARYLAND

(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) These regulations shall include:

(1) provisions designating one agency to certify and decertify minority
business enterprises for all units through a single process that meets applicable federal
requirements;

(2)     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;

(3)     a requirement that the unit provide a current list of certified minority
business enterprises to each prospective contractor;

(4)     provisions to ensure the uniformity of requests for bids on subcontracts;

(5)     provisions relating to the timing of requests for bids on subcontracts and
of submission of bids on subcontracts;

(6)     provisions designed to ensure that a fiscal disadvantage to the State docs
not result from an inadequate response by minority business enterprises to a request for
bids;

(7)     provisions relating to. joint ventures, under which a bidder may count
toward meeting its minority business enterprise participation goal, the minority business
enterprise portion of the joint venture;

(8)     CONSISTENT WITH § 14-302(A)(4) OF THIS SUBTITLE, provisions relating
to any circumstances under which a unit may waive obligations of the contractor relating
to minority business enterprise participation; and

(9)      PROVISIONS REQUIRING A MONTHLY SUBMISSION TO THE UNIT BY
MINORITY BUSINESS ENTERPRISES ACKNOWLEDGING ALL PAYMENTS RECEIVED IN
THE PRECEDING 30 DAYS UNDER A CONTRACT GOVERNED BY THIS SUBTITLE:

(10)    A REQUIREMENT THAT A UNIT SHALL VERIFY AND MAINTAIN DATA
CONCERNING PAYMENTS RECEIVED BY MINORITY BUSINESS ENTERPRISES,
INCLUDING A REQUIREMENT THAT, UPON COMPLETION OF A PROJECT. THE UNIT
SHALL COMPARE THE TOTAL DOLLAR VALUE ACTUALLY RECEIVED BY MINORITY
BUSINESS ENTERPRISES WITH THE AMOUNT OF CONTRACT DOLLARS INITIALLY
AWARDED, AND AN EXPLANATION OF ANY DISCREPANCIES THEREIN:

- 1516 -