ROBERT L. EHRLICH, JR., Governor

Ch. 206

THE POLITICAL SUBDIVISION SHALL APPLY THE REQUIREMENTS OF THAT PROGRAM
TO THE PROCUREMENT OF GOODS OR SERVICES MADE WITH THE PROCEEDS FROM
THE FINANCIAL ASSISTANCE; BUT

(II) IF THE POLITICAL SUBDIVISION DOES NOT HAVE A PROGRAM
THAT IS ACCEPTABLE TO THE DEPARTMENT OF BUSINESS AND ECONOMIC
DEVELOPMENT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE POLITICAL
SUBDIVISION IS SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION.

(4)      (I) IN THIS PARAGRAPH, "MINORITY BUSINESS ENTERPRISE"
MEANS:

1. AN INDIVIDUAL WHO HAS A SOCIAL OR ECONOMIC
IMPEDIMENT THAT:

A. IS BEYOND THE PERSONAL CONTROL OF THE INDIVIDUAL,
SUCH AS FINANCIAL CAPACITY, GEOGRAPHICAL OR REGIONAL ECONOMIC DISTRESS,
OR LACK OF FORMAL EDUCATION; AND

B DOES NOT LIMIT THE ABILITY OF THE INDIVIDUAL TO
PROVIDE THE REQUIRED GOODS OR SERVICES; OR

2. A BUSINESS ENTITY THAT IS AT LEAST 51% OWNED AND
CONTROLLED BY INDIVIDUALS WHO MEET THE STANDARDS UNDER ITEM 1 OF THIS
SUBPARAGRAPH HAS THE MEANING STATED IN § 14-301 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE.

(II)     WITH RESPECT TO FINANCIAL ASSISTANCE UNDER THIS
SECTION TO AN ENTITY OTHER THAN A POLITICAL SUBDIVISION, THE ENTITY SHALL
AGREE TO INCLUDE IN THE AGREEMENT PROVIDING THE FINANCIAL ASSISTANCE A
PROVISION ACCEPTABLE TO THE DEPARTMENT OF BUSINESS AND ECONOMIC
DEVELOPMENT THAT WOULD ENCOURAGE THE PROCUREMENT FROM MINORITY
BUSINESS ENTERPRISES OF GOODS OR SERVICES PURCHASED WITH THE PROCEEDS
FROM THE FINANCIAL ASSISTANCE.

(III)   IN NEGOTIATING THE PROVISION REQUIRED UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE DEPARTMENT OF BUSINESS AND
ECONOMIC DEVELOPMENT SHALL TAKE INTO ACCOUNT RELEVANT FACTORS,
INCLUDING:

1.       THE INTENDED USE OF THE PROCEEDS FROM THE
FINANCIAL ASSISTANCE; AND

2.       THE FEASIBILITY OF OBTAINING THE REQUIRED GOODS
OR SERVICES FROM MINORITY BUSINESS ENTERPRISES.

(5)      THE DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT
MAY REQUIRE THAT A RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS SECTION
SUBMIT TO THE DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT A LIST,
OR AN UPDATED LIST, OF THE MINORITY BUSINESS ENTERPRISES FROM WHICH
GOODS OR SERVICES WERE PROCURED AND THE NATURE AND DOLLAR AMOUNT OF
THE GOODS OR SERVICES.

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