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PARRIS N. GLENDENING, Governor
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Ch. 387
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Article 29 - Washington Suburban Sanitary District
Section 3-102(f) and 3-109
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 29 - Washington Suburban Sanitary District
3-102.
(f) (1) In this subsection "minority business enterprise" has the meaning
stated in § 14-301 of the State Finance and Procurement Article.
(2) By resolution and by implementing rules and regulations, the WSSC
shall establish a mandatory minority business utilization program to facilitate the
participation of responsible certified minority business enterprises in contracts
awarded by the WSSC in accordance with competitive bidding or proposal procedures.
(3) The rules and regulations that establish the program under
paragraph (2) of this subsection shall include, but not be limited to, provisions that:
(i) Recognize the certification of minority business enterprises by
the State certification agency designated under § 14-303(b) of the State Finance and
Procurement Article;
(ii) Recognize any other certification program that in the judgment
of the WSSC substantially duplicates the requirements of the State certification
agency;
(iii) Provide for an increase in minority business participation as
prime contractors and subcontractors;
(iv) Permit the waiver of all or part of the provisions of the program
for a specific contract if the WSSC determines that the application of the program to
the contract conflicts with the WSSC's overall objectives and responsibilities; and
(v) Provide for the graduation of a minority business enterprise
from the program if the WSSC determines that the minority business enterprise no
longer requires the assistance or benefits offered by the program.
(4) Before accepting a certification program under paragraph (3)(ii) of
this subsection, the WSSC shall examine the program to ensure that it adheres to the
following guidelines:
(i) Bona fide minority group membership shall be established on
the basis of the individual's claim that the individual is a member of a minority group
and is so regarded by that particular minority community. However, the certifying
agency is not required to accept this claim if it determines that the claim is invalid.
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- 3029 -
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