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<section article="gsf" article_name="State Finance and Procurement" number="14-305" effective_note="EFFECTIVE UNTIL JULY 1, 2031 PER CHAPTER 82 OF 2026" title_number="14" title_name="Preferences" subtitle_number="3" subtitle_name="Minority Business Participation">
  <level label="a">
    <level label="1">
      <text>Within 60 days after the end of the fiscal year, each unit shall report to the Office of Small, Minority, and Women Business Affairs and the certification agency.</text>
    </level>
    <level label="2">
      <text>A report under this subsection shall for the preceding fiscal year:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>indicate the percentage that those procurement contracts represent, by specific category of minority business enterprise and by industry type, of the total number and value of procurement contracts;</text>
      </level>
      <level label="iii">
        <text>state the total number and the names of certified minority business enterprises that participated as prime contractors or as subcontractors on procurement contracts awarded by a unit;</text>
      </level>
      <level label="iv">
        <text>for each minority business included in the report under item (iii) of this paragraph, list all procurement contracts awarded by a unit to the minority business enterprise, including a description of the contract and industry type;</text>
      </level>
      <level label="v">
        <text>provide the results of each compliance assessment conducted by the unit under § 14–303(b)(15) of this subtitle, including for each contract completed during the fiscal year:</text>
        <level label="1">
          <text>the names of each prime contractor and each subcontractor that participated in the contract;</text>
        </level>
        <level label="2">
          <text>the type of good or service provided by the contract;</text>
        </level>
        <level label="3">
          <text>the minority business enterprise participation goal for the contract;</text>
        </level>
        <level label="4">
          <text>whether a waiver was granted for the minority business enterprise participation goal;</text>
        </level>
        <level label="5">
          <text>the total dollar value of payments made to each prime contractor and by each prime contractor to each subcontractor during the contract term;</text>
        </level>
        <level label="6">
          <text>whether each subcontractor is a certified minority business enterprise; and</text>
        </level>
        <level label="7">
          <text>if applicable, a description of factors that may have contributed to failure to achieve the minority business enterprise participation goal for the contract, including documented nonperformance or unavailability of a minority business enterprise; and</text>
        </level>
      </level>
      <level label="vi">
        <text>contain other such information as required by the Office of Small, Minority, and Women Business Affairs and the certification agency and approved by the Board.</text>
      </level>
    </level>
    <level label="3">
      <text>As to procurement contracts for architectural services and engineering services reported under paragraph (2) of this subsection, the report shall identify by separate category of minority business enterprise procurements for:</text>
      <level label="i">
        <text>architectural services; and</text>
      </level>
      <level label="ii">
        <text>engineering services.</text>
      </level>
    </level>
    <level label="4">
      <text>A report under this subsection shall be in a form prescribed by the Office of Small, Minority, and Women Business Affairs and the certification agency and approved by the Board.</text>
    </level>
    <level label="5">
      <text>Except for real property title insurance services, 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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>On or before the 5th day of a regular legislative session each year, the 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.</text>
    </level>
    <level label="2">
      <text>If applicable, the report submitted under paragraph (1) of this subsection shall include minority business enterprise participation data for each unit by industry type.</text>
    </level>
    <level label="3">
      <text>This report may be prepared in conjunction with the annual report required under § 9–4120 of the State Government Article.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>The Office of Small, Minority, and Women Business Affairs shall include in the report submitted under paragraph (1) of this subsection an attestation that all units required to report under subsection (a) of this section are represented in the report.</text>
      </level>
      <level label="ii">
        <text>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 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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except for the quarter in which a unit is submitting an annual report under this section, each unit shall report quarterly to the Office of Small, Minority, and Women Business Affairs:</text>
      <level label="i">
        <text>minority business enterprise participation data under subsection (a)(2)(i) of this section;</text>
      </level>
      <level label="ii">
        <text>Minority Business Enterprise Program compliance assessments under subsection (a)(2)(v) of this section; and</text>
      </level>
      <level label="iii">
        <text>any other information requested by the Office of Small, Minority, and Women Business Affairs related to contracts governed by this subtitle.</text>
      </level>
    </level>
    <level label="2">
      <text>The report required under this subsection may be prepared in conjunction with the annual report required under § 9–4120 of the State Government Article.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “mitigating factors” includes documented nonperformance or unavailability of a minority business enterprise designated for a contract.</text>
    </level>
    <level label="2">
      <text>The 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.</text>
    </level>
    <level label="3">
      <text>The criteria adopted under paragraph (2) of this subsection shall include the results of the compliance assessments made under subsection (a)(2)(v) of this section.</text>
    </level>
    <level label="4">
      <text>The Office of Small, Minority, and Women Business Affairs shall refer prime contractors identified under the criteria adopted under paragraph (2) of this subsection to the Office of the Attorney General for debarment under § 16–203(d)(4) of this article.</text>
    </level>
  </level>
</section>
