Ch. 402                                    2003 LAWS OF MARYLAND

WRITTEN REQUEST FOR A WAIVER OF THE ACHIEVEMENT OF THE MINORITY
BUSINESS ENTERPRISE COALS TO THE MINORITY BUSINESS ENTERPRISE COAL
WAIVER REVIEW PANEL IN ACCORDANCE WITH § 14-307.1 OF THIS SUBTITLE.

14-307.1.

(A) THERE IS A MINORITY BUSINESS ENTERPRISE COAL WAIVER REVIEW
PANEL.

(B) THE PANEL CONSISTS OF:

(1) ONE REPRESENTATIVE FROM THE CERTIFICATION AGENCY,
DESIGNATED BY THE HEAD OF THE AGENCY;

(2) THE SECRETARY OF THE DEPARTMENT OF GENERAL SERVICES, OR A
DESIGNEE; AND

(3) ONE REPRESENTATIVE FROM THE MARYLAND MINORITY

CONTRACTORS ASSOCIATION, DESIGNATED BY THE MARYLAND MINORITY
CONTRACTORS ASSOCIATION.

(C) IN ACCORDANCE WITH § 14-302(A)(7) OF THIS SUBTITLE, THE PANEL SHALL
REVIEW WRITTEN REQUESTS FROM UNITS FOR A WAIVER OF THE ACHIEVEMENT OF
THE MINORITY BUSINESS ENTERPRISE GOALS SET FORTH IN § 14-302 (A) OF THIS
SUBTITLE.

(D) THE PANEL SHALL GRANT A WAIVER IF IT DETERMINES THAT THE UNIT
CANNOT REASONABLY MEET THE MINORITY BUSINESS ENTERPRISE GOALS SET
FORTH IN § 14-302(A) OF THIS SUBTITLE.

(E) A WAIVER SHALL LAST FOR 12 MONTHS AND IS RENEWABLE.

(F) THE PANEL SHALL OPERATE INDEPENDENTLY FROM ANY OTHER STATE
ENTITY.

(G) THE BOARD SHALL ADOPT REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.

14-303.

(b) These regulations shall include:

(1) provisions designating one agency to certify and decertify minority
business enterprises for all units through a single process that meets applicable
federal requirements;

(2) a requirement that the solicitation document accompanying each
solicitation set forth the expected degree of minority business enterprise participation
based, in part, on:

(i) the potential subcontract opportunities available in the prime
procurement contract; and

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