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Ch. 387
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2002 LAWS OF MARYLAND
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(1) The WSSC determines that minority business enterprises are
underrepresented in the award of these contracts due to the effects of past
discrimination; and
(2) The WSSC determines that such a program is necessary to remedy
the effects of past discrimination against minority business enterprises in contracting
with the WSSC.
(c) The rules and regulations that establish the program under subsection (b)
of this section shall include provisions that:
(1) Recognize the certification of minority business enterprises by the
State certification agency designated under § 14-303(b) of the State Finance and
Procurement Article;
(2) Recognize any other certification program that in the judgment of the
WSSC substantially duplicates the requirements of the State certification agency;
(3) Provide for minority business participation through subcontracting;
(4) Except as provided in paragraph (5) of this subsection, provide for a
system of granting a preference of up to the lesser of 5% or $50,000 to minority
business enterprises in evaluating bids and proposals;
(5) (i) Subject to the provisions of subparagraphs (ii), (iii), and (iv) of
this paragraph, establish a sheltered market program in which bidding on
procurement contracts designated by the WSSC as appropriate is restricted to
certified minority business enterprises;
(ii) The sheltered market program under this paragraph may not
be utilized until all less restrictive remedies under this subsection and race-neutral
remedies such as assistance with bonding requirements, financing, or bidding
procedures for small firms have been used and found to be ineffective;
(iii) Upon the bid of at least 3 certified minority business
contractors, a contract shall be awarded under this paragraph to the lowest of those
bidders; and
(iv) If fewer than 3 certified minority business enterprises bid on a
contract under this paragraph, the contract shall be awarded under the general
provisions of paragraph (4) of this subsection;
(6) 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;
(7) Require the solicitation document accompanying each solicitation to
set forth the rules and regulations of the minority business utilization program;
(8) Require the geographic location and the principal place of business of
the minority business enterprise to be a consideration for participation in this
program. Montgomery County businesses and Prince George's County businesses
shall each have a targeted percentage of at least 40% of any contracts;
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- 3032 -
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