Ch. 12                                      1996 LAWS OF MARYLAND

(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 does
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;

(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;

(11)   a requirement that a unit verify that minority business enterprises listed
in a successful bid are actually participating to the extent listed in the project for which
the bid was submitted;

(12)   provisions establishing a graduation program based on the financial
viability of the minority business enterprise, using annual gross receipts or other economic
indicators as may be determined by the Board; and

(13)   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.

(c) The regulations adopted under this section shall specify that a unit may not
allow a business to participate as if it were a certified minority business enterprise if the
business's certification is pending.

DRAFTER'S NOTE:

Error: Function paragraph of bill being cured incorrectly indicated that §
14-303 of the State Finance and Procurement Article was unamended.

Occurred: Chapter 116 (House Bill 717) of the Acts of 1995.

- 702 -