CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
// SPECIAL NOTE: THE FOLLOWING SECTION WAS CHANGED BY CHAPTER
425 OF 2003 AND WILL REMAIN IN EFFECT UNTIL SEPTEMBER 30, 2008 //
(a) The Commission shall adopt regulations for the operation of the
Minority Business Enterprise Utilization Program established under this
subtitle.
(b) The regulations shall include provisions for:
(1) Acceptance of the certification of minority business enterprises that
have been certified by the State certification agency designated under
§ 14-303 of the State Finance and Procurement Article;
(2) Waiver of all or part of the Program provisions for a specific contract
if the Commission determines that:
(i) Minority business enterprises are unavailable; or
(ii) The application of the Program to the contract conflicts with the
Commission's overall objectives and responsibilities;
(3) Graduation of a minority business enterprise from the Program if the
Commission determines that the minority business enterprise no longer
requires the assistance or benefits offered by the Program;
(4) Termination of the Program when the Program is no longer necessary to
remedy the effects of past discrimination;
(5) Acceptance of the decisions of any other certification program that, in
the judgment of the Commission, assures that certified minority
business enterprises are legitimate;
(6) Minority participation in subcontracting as well as direct contracting;
and
(7) Application of reasonable preferences to certified minority business
enterprises in evaluating competitive bids or proposals.
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