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2007 Laws of Maryland
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Ch. 621
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(4) EXCEPT AS PROVIDED IN ITEM (5) OF THIS SUBSECTION,
PROVIDE FOR A SYSTEM OF GRANTING A PREFERENCE OF UP TO THE LESSER OF
5% OR $50,000 TO MINORITY BUSINESS ENTERPRISES IN EVALUATING BIDS AND
PROPOSALS;
(5) SUBJECT TO THE PROVISIONS OF SUBSECTION (E) OF THIS
SECTION, ESTABLISH A SHELTERED MARKET PROGRAM IN WHICH BIDDING ON
PROCUREMENT CONTRACTS DESIGNATED BY THE WSSC AS APPROPRIATE IS
RESTRICTED TO CERTIFIED MINORITY BUSINESS ENTERPRISES;
(6) 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;
(7) REQUIRE THE SOLICITATION DOCUMENT ACCOMPANYING
EACH SOLICITATION TO SET FORTH THE REGULATIONS OF THE MINORITY
BUSINESS UTILIZATION PROGRAM;
(8) REQUIRE THE GEOGRAPHIC LOCATION AND THE PRINCIPAL
PLACE OF BUSINESS OF THE MINORITY BUSINESS ENTERPRISE TO BE A
CONSIDERATION FOR PARTICIPATION IN THIS PROGRAM, INCLUDING
REQUIRING MONTGOMERY COUNTY BUSINESSES AND PRINCE GEORGE'S
COUNTY BUSINESS TO EACH HAVE A TARGETED PERCENTAGE OF AT LEAST
40% OF ANY CONTRACTS;
(9) AUTHORIZE THE WSSC TO REFUSE TO RECOGNIZE THE
CERTIFICATION OF ANY BUSINESS FOUND TO BE IN VIOLATION OF THE
PURPOSES OF THE PROGRAM AND TO PERMANENTLY BAR ANY ACTIVE
PRINCIPALS OF A VIOLATING BUSINESS FROM FUTURE PARTICIPATION IN THE
PROGRAM;
(10) 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, AND REQUIRE THE
WSSC TO REPORT ANNUALLY TO THE MONTGOMERY COUNTY AND PRINCE
GEORGE'S COUNTY HOUSE AND SENATE DELEGATIONS ON THOSE WAIVERS;
(11) REQUIRE AT THE TIME OF SUBMISSION EACH BID OR
PROPOSAL THAT IS BASED ON A SOLICITATION WITH AN EXPECTED DEGREE OF
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- 3944 -
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