ROBERT L. EHRLICH, JR., Governor

Ch. 425

Article 28 - Maryland-National Capital Park and Planning Commission

[2-301.

(a)     The Commission shall undertake and complete an internal and market
fact-finding study to assess the appropriate scope of a minority business enterprise
program for the Commission.

(b)     The results of the fact-finding study, including statistical data, supporting
documentation, and reports, shall be reported to the Prince George's County and
Montgomery County Delegations to the General Assembly by December 15, 2000.]

[2-302.] 2-301.

In this subtitle "minority" means any group that the Commission finds, after
appropriate study, to be socially or economically disadvantaged as a result of
discrimination in the public or private sector that has affected the group's utilization
and participation in contracting or procurement with the Commission.

[2-303.] 2-302.

If the Commission determines that a program is necessary to remedy
discrimination against minority business enterprises in contracting or procurement
with the Commission, the Commission shall establish a Minority Business
ENTERPRISE Utilization Program to facilitate participation of responsible certified
minority business enterprises in contracts awarded by the Commission for goods,
services, and construction.

[2-304.] 2-303.

(a)     The Commission shall adopt regulations for the operation of the Minority
Business Enterprise Utilization Program established under this subtitle.

(b)     The regulations shall include provisions for:

(1)     Acceptance of the certification of minority business enterprises that
have been certified by the State certification agency designated under § 14-303 of the
State Finance and Procurement Article;

(2)     Waiver of all or part of the Program provisions for a specific contract
if the Commission determines that:

(i) Minority business enterprises are unavailable; or

(ii) The application of the Program to the contract conflicts with the
Commission's overall objectives and responsibilities;

(3)     Graduation of a minority business enterprise from the Program if the
Commission determines that the minority business enterprise no longer requires the
assistance or benefits offered by the Program;

(4)     Termination of the Program when the Program is no longer necessary
to remedy the effects of past discrimination;

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