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2007 Laws of Maryland
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Ch. 621
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(II) THE OFFICE OF SMALL, LOCAL, AND MINORITY
BUSINESS ENTERPRISE, ESTABLISHED UNDER § 3-109 OF THIS SUBTITLE,
SHALL ADMINISTER THE MINORITY BUSINESS UTILIZATION PROGRAM
ESTABLISHED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(3) THE REGULATIONS THAT ESTABLISH THE PROGRAM UNDER
PARAGRAPH (2) OF THIS SUBSECTION SHALL INCLUDE 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;
(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;
(VI) REQUIRE AT THE TIME OF SUBMISSION A BID OR
PROPOSAL BASED ON A SOLICITATION WITH AN EXPECTED DEGREE OF
MINORITY BUSINESS ENTERPRISE PARTICIPATION TO INCLUDE PROOF OF A
CERTIFIED MINORITY BUSINESS ENTERPRISE COMMITMENT BY STATING:
1. THE POTENTIAL SUBCONTRACT OPPORTUNITIES
AVAILABLE IN THE PRIME PROCUREMENT CONTRACT; AND
2. THE NUMBER OF MINORITY BUSINESS
ENTERPRISES THAT HAVE CERTIFIED, UNDER THE PENALTIES OF PERJURY,
THAT THE MINORITY BUSINESS ENTERPRISE HAS ENTERED INTO AN
AGREEMENT WITH THE BIDDER TO PROVIDE GOODS OR SERVICES UNDER
SPECIFIC TERMS OUTLINED IN THE CERTIFICATION BEFORE THE BID IS
ACCEPTED;
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- 3938 -
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