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<regulation prefix="Regulation" num=".06" citation="COMAR 21.11.01.06" title_num="21" subtitle_num="11" chapter_num="01" heading="Small Business Reserve Program.">
  <paragraph num="A.">
    <text>Applicability.</text>
    <paragraph num="(1)">
      <text>All procurements by a procurement unit are eligible for designation as small business reserve procurements.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A procurement with a total dollar value between $50,000 and $500,000 shall be designated for the small business reserve.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Exemptions. The requirements of the Small Business Reserve Program do not apply to the following procurements:</text>
      <paragraph num="(a)">
        <text>Preference procurements made from a preference provider (Maryland Correctional Enterprises, community service providers, Blind Industries and Services of Maryland, individual-with-disability-owned businesses, and the Maryland Vending Facilities Program for the Blind) under COMAR 21.11.05 and 21.11.09.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Procurements involving expenditures of federal dollars, to the extent that their inclusion in the program is in violation of federal law or grant provisions.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Procurements with a total dollar value under $50,000.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Procurements for human, social, cultural, or educational services.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Certain term and master contract procurements when the Governor’s Office of Small, Minority &amp; Women Business Affairs certifies, concurrently with review of any waiver determinations for certified minority business enterprise participation contract goals, that it is not practicable to designate the procurement for the small business reserve.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Scope. To the extent practicable, each procurement unit shall structure its procurement procedures to achieve the result that a minimum of 20 percent of the unit's total dollar value of procurements for goods, supplies, services, maintenance, construction, construction-related services, architectural services, and engineering services are expended directly with certified small businesses at the prime contract level.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Exclusion. For purposes of computing the procurement units total dollar value of procurements, exempt procurements under §A(2) of this regulation are excluded.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Expenditures.</text>
    <paragraph num="(1)">
      <text>Forecasts. Each procurement unit shall, based upon the approved budget and other applicable factors, annually prepare a fiscal year procurement expenditure forecast. The forecast shall project expected expenditures under procurements to be awarded or currently under contract, and the unit shall develop a plan allocating a minimum of 20 percent of the total expected expenditures under these contracts directly to certified small businesses.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Included and Excluded Expenditures.</text>
      <paragraph num="(a)">
        <text>Expenditures in a current fiscal year under a multiyear contract awarded in a prior fiscal year shall be included in the procurement unit's forecast and counted toward both total procurement dollars and small business reserve dollars, as applicable. This excludes expenditures under contracts awarded before October 1, 2004.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A procuring unit may apply toward the unit's overall annual Small Business Reserve achievement awards made to a small business under designated small business reserve contracts as well as awards made to a small business under nondesignated small business reserve contracts.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Expenditures to certified small businesses awarded under small business reserve procurements may be included towards attainment of the small business reserve amount notwithstanding the procurement method used.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Solicitation Notice. Each solicitation for bids or proposals for a procurement designated for a small business reserve shall include the following notice:</text>
  </paragraph>
  <paragraph num="F.">
    <text>Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Before awarding a contract under a procurement designated as a small business reserve procurement, the procurement officer shall verify that the apparent awardee is certified by the Governor's Office of Small, Minority, and Women Business Affairs as a small business. A procurement contract award under a small business reserve procurement may not be made to a business that has not been certified.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Reporting. The procurement units shall submit a report on the Small Business Reserve Program annually as required under COMAR 21.13.01.03B.</text>
  </paragraph>
  <paragraph num="I.">
    <text>SBR Liaison Officer. The head of each procurement unit shall designate an employee to be the SBR liaison officer in the administration of that unit’s small business reserve program. The SBR liaison officer shall be a high-level employee reporting directly to a Secretary, Deputy Secretary, or head of a procurement agency. The SBR liaison officer shall be responsible for coordinating the procurement unit’s outreach efforts to the small business community, reviewing the unit’s contracting procedures to ensure compliance with small business reserve requirements, assisting in the resolution of small business reserve contracting issues, and submitting required small business reserve program reports or information.</text>
  </paragraph>
</regulation>