§ 14-305. Reporting requirements
West's Annotated Code of MarylandState Finance and ProcurementEffective: October 1, 2023
Effective: October 1, 2023
MD Code, State Finance and Procurement, § 14-305
§ 14-305. Reporting requirements
(a)(1) Within 90 days after the end of the fiscal year, each unit shall report to the Governor's Office of Small, Minority, and Women Business Affairs and the certification agency.
(i) state the total number and value of procurement contracts between the unit and certified minority business enterprises, by specific category of minority business enterprise and by industry type, including whether the minority business enterprise participated as a prime contractor or as a subcontractor;
(5) The Special Secretary for the Office of Small, Minority, and Women Business Affairs may waive the requirement for a unit to report minority business participation by industry type under paragraph (2) of this subsection if the spending threshold for the industry type is too low for the unit to provide sufficient data.
(b)(1) On or before December 31 of each year, the Governor's Office of Small, Minority, and Women Business Affairs shall submit to the Board of Public Works and, subject to § 2-1257 of the State Government Article, to the Legislative Policy Committee and the Joint Committee on Fair Practices and State Personnel Oversight a report summarizing the information the Office receives under subsection (a) of this section.
(4)(i) Beginning with the report submitted under paragraph (1) of this subsection on December 31, 2023, and each year thereafter, the Governor's Office of Small, Minority, and Women Business Affairs shall include in the report an attestation that all units required to report under subsection (a) of this section are represented in the report.
(ii) To ensure accuracy of the attestation made under subparagraph (i) of this paragraph, on or before December 31, 2023, and every 3 years thereafter, the Governor's Office of Small, Minority, and Women Business Affairs shall conduct an audit of the Executive Branch of State government to determine what entities are included in the definition of “unit” under § 11-101 of this article.
Adoption of criteria to determine when prime contractor has persistently failed to meet contract goals
(c)(1) In this subsection, “mitigating factors” includes documented nonperformance or unavailability of a minority business enterprise designated for a contract.
(2) The Governor's Office of Small, Minority, and Women Business Affairs and the Office of State Procurement in the Department of General Services, in consultation with the Office of the Attorney General and the Board of Public Works, shall adopt by regulation criteria used to determine that a prime contractor has persistently failed to meet contract goals in the absence of mitigating factors.
Credits
Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1990, c. 708, § 1, eff. July 1, 1990; Acts 1992, c. 41, § 1, eff. July 1, 1992; Acts 1993, c. 305, § 1, eff. Oct. 1, 1993; Acts 1994, c. 662, §§ 14, 15, eff. Oct. 1, 1994; Acts 1995, c. 116, § 1, eff. June 30, 1995; Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 2001, c. 339, § 1, eff. July 1, 2001; Acts 2009, c. 327, § 1, eff. Oct. 1, 2009; Acts 2009, c. 328, § 1, eff. Oct. 1, 2009; Acts 2009, c. 715, § 1, eff. Oct. 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2010, c. 619, § 1, eff. Oct. 1, 2010; Acts 2013, c. 138, § 1, eff. June 1, 2013; Acts 2017, c. 633, § 1, eff. June 1, 2017; Acts 2017, c. 634, § 1, eff. June 1, 2017; Acts 2019, c. 8, § 5; Acts 2022, c. 155, § 1, eff. July 1, 2022; Acts 2022, c. 156, § 1, eff. July 1, 2022; Acts 2023, c. 145, § 1, eff. Oct. 1, 2023.
MD Code, State Finance and Procurement, § 14-305, MD STATE FIN & PROC § 14-305
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |