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Martin O'Malley, Governor
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Ch. 621
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(4) "OFFICE" MEANS THE OFFICE OF SMALL, LOCAL, AND
MINORITY BUSINESS ENTERPRISE ESTABLISHED UNDER SUBSECTION (B)(2) OF
THIS SECTION.
(B) (1) BY RESOLUTION AND BY ADOPTING REGULATIONS, THE
WSSC SHALL ESTABLISH A MINORITY BUSINESS UTILIZATION PROGRAM TO
FACILITATE THE PARTICIPATION OF RESPONSIBLE CERTIFIED MINORITY
BUSINESS ENTERPRISES IN CONTRACTS AWARDED BY THE WSSC FOR GOODS
AND SERVICES NOT COVERED BY § 3-102 OF THIS SUBTITLE IF:
(I) THE WSSC DETERMINES THAT MINORITY BUSINESS
ENTERPRISES ARE UNDERREPRESENTED IN THE AWARD OF THESE CONTRACTS
DUE TO THE EFFECTS OF PAST DISCRIMINATION; AND
(II) 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.
(2) (I) THERE IS AN OFFICE OF SMALL, LOCAL, AND
MINORITY BUSINESS ENTERPRISE IN THE WSSC.
(II) THE OFFICE SHALL ADMINISTER THE PROGRAMS THE
WSSC IS REQUIRED TO ESTABLISH UNDER PARAGRAPH (1) OF THIS
SUBSECTION AND §§ 3-102(F) AND 3-110 OF THIS SUBTITLE.
(III) THERE IS A DIRECTOR WHO SHALL BE IN CHARGE OF
THE OFFICE.
(C) THE 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;
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- 3943 -
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