ROBERT L. EHRLICH, JR., Governor                             Ch. 402

1.       consider the practical severability of the construction
projects; and

2.       implement a program that will enable the unit to evaluate
each contract to determine the appropriateness of the goal.

(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 $50,000.

(4)     Each unit shall meet the maximum feasible portion of the goals
stated in paragraphs (1), (2), and (3) of this subsection by using race-neutral
measures to facilitate minority business enterprise participation in the procurement
process.

(5)     To achieve the result specified in paragraph (1) or (2) of this
subsection, a contractor, including a contractor that is a certified minority business
enterprise, 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.

(6)     (i) The unit shall make a finding whether the contractor complied,
in good faith, with paragraph (5) of this subsection.

(ii) If the unit finds the contractor complied with paragraph (5) of
this subsection, the unit may not require the contractor to renegotiate any
subcontract in order to achieve a different result.

(7) EACH UNIT THAT CANNOT REASONABLY MEET THE MINORITY
BUSINESS ENTERPRISE GOALS SET FORTH IN THIS SUBSECTION SHALL SUBMIT A

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