ROBERT L. EHRLICH, JR., Governor                              Ch. 74

(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

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

(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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