(5) (i) Subject to the provisions of subparagraphs (ii), (iii), and (iv) of
this paragraph, establish a sheltered market program in which bidding on
procurement contracts designated by the WSSC as appropriate is restricted to
certified minority business enterprises;

(ii) The sheltered market program under this paragraph may not
be utilized until all less restrictive remedies under this subsection and race-neutral
remedies such as assistance with bonding requirements, financing, or bidding
procedures for small firms have been used and found to be ineffective;

(iii) Upon the bid of at least 3 certified minority business
contractors, a contract shall be awarded under this paragraph to the lowest of those
bidders; and

(iv) If fewer than 3 certified minority business enterprises bid on a
contract under this paragraph, the contract shall be awarded under the general
provisions of paragraph (4) of this subsection;

(6) Provide for the graduation of a minority business enterprise from the
program after 5 years; however, if a minority business enterprise was not awarded at
least 3 contracts or a total of $50,000 in awarded contracts from the WSSC during the
5-year period, the business may apply for and receive one 2-year extension of
participation in the program;

(7) Require the solicitation document accompanying each solicitation to
set forth the rules and regulations of the minority business utilization program; .

(8) Require the geographic location and the principal place of business of
the minority business enterprise to be a consideration for participation in this
program. Montgomery County businesses and Prince George's County businesses
shall each have a targeted percentage of at least 40% of any contracts;

(9) Provide for the WSSC to refuse to recognize the certification of any
business found to be in violation of the purposes of the program and to permanently
bar any active principals of a violating business from future participation in the
program; and

(10) Permit the waiver of all or part of the provisions of the program for a
specific contract if the WSSC determines that the application of the program to the
contract conflicts with the WSSC's overall objectives and responsibilities, and provide
for the WSSC to report annually to the Montgomery County and Prince George's
County House and Senate Delegations on those waivers.

(d) Before accepting a certification program under subsection (c)(2) of this
section, the WSSC shall examine the program to ensure that:

(1) It adheres to the guidelines set forth in § 3-102(f)(4) of this article;

and

(2) The principal owner of an eligible minority business enterprise is in
not more than 1 certified business that is participating in the WSSC minority
business enterprise program under this section.