Ch. 256                                    1995 LAWS OF MARYLAND

Article 28 - Maryland-National Capital Park and Planning Commission

2-301.

(a)     The Commission shall undertake and complete an internal and market
fact-finding study to assess the appropriate scope of a Minority Business Enterprise
Program for the Commission.

(b)     The results of the fact-finding study, including statistical data, supporting
documentation, and reports, shall be reported to the Prince George's County and
Montgomery County Delegations to the General Assembly by December 15, 1990.

2-302.

In this subtitle "minority" means any group that the Commission finds, after
appropriate study, to be socially or economically disadvantaged as a result of
discrimination in the public or private sector that has affected the group's utilization and
participation in contracting or procurement with the Commission.

2-303.         

If the Commission determines that a program is necessary to remedy discrimination
against minority business enterprises in contracting or procurement with the Commission,
the Commission shall establish a Minority Business Utilization Program to facilitate
participation of responsible certified minority business enterprises in contracts awarded
by the Commission for goods, services, and construction.

2-304.

(a)     The Commission shall adopt regulations for the operation of the Minority
Business Enterprise Utilization Program established under this subtitle.

(b)     The regulations shall include provisions for:

(1)     Acceptance of the certification of minority business enterprises that
have been certified by the State certification agency designated under § 14-303 of the
State Finance and Procurement Article;

(2)     Waiver of all or part of the Program provisions for a specific contract if
the Commission determines that:

(i) Minority business enterprises are unavailable; or

(ii) The application of the Program to the contract conflicts with the
Commission's overall objectives and responsibilities;

(3)     Graduation of a minority business enterprise from the Program if the
Commission determines that the minority business enterprise no longer requires the
assistance or benefits offered by the Program;

(4)     Termination of the Program when the Program is no longer necessary to
remedy the effects of past discrimination;

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