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Martin O'Malley, Governor
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Ch. 621
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(VII) REQUIRE EACH GENERAL CONTRACTOR TO SUBMIT
MONTHLY REPORTS OF THE NUMBER OF MINORITY BUSINESS ENTERPRISES
EMPLOYED BY THE GENERAL CONTRACTOR TO THE WSSC;
(VIII) REQUIRE EACH GENERAL CONTRACTOR TO PROVIDE
PROMPT NOTIFICATION TO THE WSSC IF A CONTRACT WITH A MINORITY
BUSINESS ENTERPRISE IS TERMINATED; AND
(IX) REQUIRE EACH GENERAL CONTRACTOR TO:
1. MAINTAIN A PARTICIPATION LEVEL FROM
MINORITY BUSINESS ENTERPRISES THAT IS CONSISTENT WITH THE
PARTICIPATION LEVEL REFERENCED UNDER ITEM (VI)2 OF THIS PARAGRAPH;
OR
2. PROVIDE JUSTIFICATION FOR THE GENERAL
CONTRACTOR'S INABILITY TO MAINTAIN THAT PARTICIPATION LEVEL.
(4) (I) 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 GUIDELINES PROVIDED IN
THIS PARAGRAPH.
(II) UNLESS THE STATE CERTIFICATION CERTIFYING
AGENCY DETERMINE THAT AN INDIVIDUAL'S CLAIM IS INVALID, 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.
(III) 1. AN ELIGIBLE MINORITY BUSINESS ENTERPRISE
SHALL BE AN INDEPENDENT BUSINESS.
2. THE OWNERSHIP AND CONTROL OF THE ELIGIBLE
MINORITY BUSINESS ENTERPRISE BY MINORITIES SHALL BE REAL,
SUBSTANTIAL, AND CONTINUING AND SHALL GO BEYOND THE PRO FORMA
OWNERSHIP OF THE BUSINESS AS REFLECTED IN ITS OWNERSHIP DOCUMENTS.
3. THE MINORITY OWNERS SHALL ENJOY THE
CUSTOMARY INCIDENTS OF OWNERSHIP AND SHALL SHARE IN THE RISKS AND
PROFITS COMMENSURATE WITH THEIR OWNERSHIP INTERESTS AS
DEMONSTRATED BY AN EXAMINATION OF THE SUBSTANCE RATHER THAN FORM
OF ARRANGEMENTS.
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- 3939 -
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