Title 14. Preferences — Subtitle 6. Veteran-Owned Small Business Enterprise Participation

meets the size standards adopted by the United States Small Business Administration in 13 C.F.R. 121.201 and any subsequent revision of that regulation; and

is at least 51% owned by one or more individuals who:

A unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve or exceed an overall percentage goal of the unit’s total dollar value of procurement contracts to be made directly or indirectly with veteran–owned small business enterprises.

The Office of Small, Minority, and Women Business Affairs shall adopt regulations that establish the overall percentage goal.

Except as provided in paragraph (2) of this subsection, solicitation documents shall state the expected percentage of veteran–owned small business enterprise participation based, in part, on:

For a competitive proof of concept procurement conducted under § 13–116 of this article, the expected percentage of veteran–owned small business enterprise participation, if any, shall be established at a phase specified in the solicitation documents.

The veteran–owned small business enterprise participation schedule, including any amendment, shall be attached to and made a part of the executed contract.

A veteran–owned small business enterprise participation schedule may be amended to modify the veteran–owned small business enterprise participation after the date of contract execution only if:

Except as provided in paragraph (2) of this subsection, this section applies to all procurements by the Department of Veterans and Military Families and the Military Department or any unit acting on behalf of the Department of Veterans and Military Families or the Military Department.

This section does not apply to:

in consultation with the Chief Procurement Officer and the Attorney General, establish standards and guidelines for participation in the veteran–owned small business reserve program every 5 years;

establish guidelines for veteran–owned small business reserve program administration; and

collect data regarding the Department of Veterans and Military Families’ and the Military Department’s use of veteran–owned small business reserve vendors.

meets or makes a good faith effort to meet any applicable overall percentage goal established under this subtitle.

proposing the most advantageous offer; and

that meets or makes a good faith effort to meet any applicable overall percentage goal established under this subtitle.

adopt regulations to implement this subtitle;

establish procedures for tracking and reporting participation of veteran–owned small business enterprises under this subtitle; and

on or before the 5th day of a regular legislative session of each year, report to the Legislative Policy Committee on:

Within 60 days after the end of each fiscal year, and each quarter thereafter, each unit shall submit a report to the Office of Small, Minority, and Women Business Affairs on:

A report submitted under this subsection may be prepared in conjunction with the annual report required under § 9–4120 of the State Government Article.

In this section the following words have the meanings indicated.

“Advisory Committee” means the Advisory Committee on Veteran–Owned Small Business Enterprises.

“Office” means the Office of Small, Minority, and Women Business Affairs.

“Special Secretary” means the Special Secretary for the Office.

the Department of Commerce;

the Department of General Services;

the Governor’s Office of Performance Improvement;

the Department of Veterans and Military Families; and

certified veteran–owned small business enterprises.

review the annual report and evaluation submitted to the Legislative Policy Committee in accordance with § 14–604 of this subtitle to:

ensure that a continuous oversight and improvement structure exists for the program.

knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this article;

knowingly and with intent to defraud, fraudulently represent participation of a veteran–owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

willfully and knowingly fail to file any declaration or notice with the unit that is required by this subtitle; or

establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of items (1) through (5) of this subsection.

A person who violates any of the provisions of subsection (a) of this section shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

In addition to the penalties under paragraph (1) of this subsection, a person who violates any of the provisions of subsection (a) of this section shall be:

A person who violates any of the provisions of subsection (a) of this section shall pay all costs and attorney’s fees incurred by the plaintiff in a civil action brought under this subtitle.

A unit shall report all alleged violations of this section to the Board.

The Board subsequently shall report all alleged violations of this section to the Office of the Attorney General, which shall determine whether to bring a civil action against a person or business for a violation of this section.