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Session Laws, 2007
Volume 803, Page 3945   View pdf image
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Ch. 621
Martin O'Malley, Governor
MINORITY BUSINESS ENTERPRISE PARTICIPATION TO INCLUDE PROOF OF A
CERTIFIED MINORITY BUSINESS ENTERPRISE COMMITMENT BY STATING: (I) THE POTENTIAL SUBCONTRACT OPPORTUNITIES
AVAILABLE IN THE PRIME PROCUREMENT CONTRACT; AND (II) 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; (12) REQUIRE EACH GENERAL CONTRACTOR TO SUBMIT MONTHLY
REPORTS OF THE NUMBER OF MINORITY BUSINESS ENTERPRISES EMPLOYED BY
THE GENERAL CONTRACTOR TO THE WSSC; (13) REQUIRE EACH GENERAL CONTRACTOR TO PROVIDE PROMPT
NOTIFICATION TO THE WSSC IF A CONTRACT WITH A MINORITY BUSINESS
ENTERPRISE IS TERMINATED; AND (14) REQUIRE EACH GENERAL CONTRACTOR TO MAINTAIN A
PARTICIPATION LEVEL FROM MINORITY BUSINESS ENTERPRISES THAT IS
CONSISTENT WITH THE PARTICIPATION LEVEL REFERENCED UNDER ITEM
(11)(II) OF THIS SUBSECTION OR PROVIDE JUSTIFICATION FOR THE GENERAL
CONTRACTOR'S INABILITY TO MAINTAIN THAT PARTICIPATION LEVEL. (D) BEFORE ACCEPTING A CERTIFICATION PROGRAM UNDER
SUBSECTION (C)(2) OF THIS SECTION, THE WSSC SHALL EXAMINE THE
PROGRAM TO ENSURE THAT: (1) IT ADHERES TO THE GUIDELINES SET FORTH IN § 3-102(F)(4)
OF THIS SUBTITLE; AND (2) THE PRINCIPAL OWNER OF AN ELIGIBLE MINORITY BUSINESS
ENTERPRISE IS IN NOT MORE THAN ONE CERTIFIED BUSINESS THAT IS
PARTICIPATING IN THE WSSC MINORITY BUSINESS ENTERPRISE PROGRAM
UNDER THIS SECTION. (E) (1) THE SHELTERED MARKET PROGRAM ESTABLISHED IN
SUBSECTION (C)(5) OF THIS SECTION MAY NOT BE USED UNTIL ALL LESS
RESTRICTIVE REMEDIES UNDER SUBSECTION (C) OF THIS SECTION AND
RACE-NEUTRAL REMEDIES SUCH AS ASSISTANCE WITH BONDING
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Session Laws, 2007
Volume 803, Page 3945   View pdf image
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