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PARRIS N. GLENDENING, Governor
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Ch. 496
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(i) structure procurement procedures, consistent with the purposes
of this subtitle, to try to achieve the result that a minimum of 14% of the unit's total
dollar value of construction contracts is made directly or indirectly from certified
minority business enterprises; and
(ii) consider the practical severability of the construction projects.
(3) With respect to the Maryland Department of Transportation, the
provisions of paragraph (2)(i) of this subsection shall apply only to construction
contracts in excess of [$100,000] $50,000.
(4) To achieve the result specified in paragraph (1) or (2) of this
subsection, a contractor shall:
(i) identify specific work categories appropriate for subcontracting;
(ii) at least 10 days before bid opening, solicit minority business
enterprises, through written notice that:
1. describes the categories of work under item (i) of this
subparagraph; and
2. provides information regarding the type of work being
solicited and specific instructions on how to submit a bid;
(iii) attempt to make personal contact with the firms in item (ii) of
this paragraph;
(iv) assist minority business enterprises to fulfill bonding
requirements or to obtain a waiver of those requirements;
(v) in order to publicize contracting opportunities to minority
business enterprises, attend prebid meetings or other meetings scheduled by the unit;
and
(vi) upon acceptance of a bid, provide the unit with a list of minority
businesses with whom the contractor negotiated, including price quotes from minority
and nonminority firms.
(5) (i) The unit shall make a finding whether the contractor complied,
in good faith, with paragraph (4) of this subsection.
(ii) If the unit finds the contractor complied with paragraph (4) of
this subsection, the unit may not require the contractor to renegotiate any subcontract
in order to achieve a different result.
(b) (1) The provisions of §§ 14-301(e) and 14-303 of this subtitle and
subsection (a) of this section are inapplicable to the extent that any unit determines the
provisions to be in conflict with any applicable federal program requirement.
(2) The determination under this subsection shall be included with the
report required under § 14-305 of this subtitle.
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- 2655 -
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