ROBERT L. EHRLICH, JR., Governor

Ch. 402

(ii) the availability of certified minority business enterprises to
respond competitively to the potential subcontract opportunities;

(3) a requirement that the unit provide a current list of certified
minority business enterprises to each prospective contractor;

(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)(5) of this subtitle, provisions relating to:

(I) any circumstances under which a unit may waive obligations of
the contractor relating to minority business enterprise participation; AND

(II) THE APPOINTMENT OF A NEUTRAL NONGOVERNMENTAL
INDIVIDUAL WHO SHALL:

1. REVIEW EACH WAIVER GRANTED UNDER THE WAIVER
PROCESS ESTABLISHED IN ACCORDANCE WITH SUBITEM (I) OF THIS ITEM; AND

2. DETERMINE WHETHER THE WAIVER COMPLIES WITH ALL
RELEVANT STATUTORY AND REGULATORY REQUIREMENTS;

(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

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