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<section article="gsg" article_name="State Government" number="9-4116" title_number="9" title_name="Miscellaneous Executive Agencies" subtitle_number="41" subtitle_name="Department of Social and Economic Mobility">
  <level label="a">
    <text>In this section, “Ombudsman” means the Minority Business Enterprise Ombudsman in the Office.</text>
  </level>
  <level label="b">
    <text>There is a Minority Business Enterprise Ombudsman appointed by the Special Secretary.</text>
  </level>
  <level label="c">
    <text>In accordance with the State budget, the Special Secretary shall allocate the staff and Office resources to the Ombudsman necessary for the Ombudsman to fulfill the duties of the Ombudsman.</text>
  </level>
  <level label="d">
    <text>The Ombudsman shall:</text>
    <level label="1">
      <text>assist the procurement officer managing the contract in attempts to resolve disputes between minority business enterprises and prime contractors, including disputes over contract scope and payments;</text>
    </level>
    <level label="2">
      <text>serve as a resource to minority business enterprise liaisons, procurement officers in units of State government, prime contractors, and minority business enterprises in resolving disputes related to contracts that include a minority business enterprise participation goal; and</text>
    </level>
    <level label="3">
      <text>conduct trainings for procurement officers in units of State government on enforcement of the requirements of Title 14, Subtitle 3 of the State Finance and Procurement Article, including the assessment of liquidated damages under § 14–303(b)(6) of the State Finance and Procurement Article.</text>
    </level>
  </level>
  <level label="e">
    <text>In resolving a dispute under subsection (d) of this section, the Ombudsman may:</text>
    <level label="1">
      <text>compel prime contractors and minority business enterprises to provide documentation related to contract performance and payments; and</text>
    </level>
    <level label="2">
      <text>assist the procurement officer managing the contract in ordering any relevant payments to be made in conjunction with a dispute resolution.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, when resolving a dispute under subsection (d) of this section, the Ombudsman may not disclose information received from a unit of State government, prime contractor, or minority business enterprise without the written consent of the party from whom the information was obtained.</text>
    </level>
    <level label="2">
      <text>The Ombudsman may disclose information received under this section to the assistant Attorney General assigned to the Office.</text>
    </level>
  </level>
</section>
