In this chapter, the following words have the meanings indicated. Terms Defined. “Administration” means any one of the following units of the Department of Transportation: Maryland Port Administration; Motor Vehicle Administration; State Aviation Administration; State Highway Administration; Maryland Transportation Authority; Mass Transit Administration; State Railroad Administration; and Office of Assistant Secretary, Administration. “Administration Equal Opportunity (EO) Officer” means an employee of the Department skilled in civil rights policies, practices, procedures, and equal opportunity compliance review and evaluation functions. “Administrator” means the chief executive officer of an administration. “Affirmative actions” means the efforts exerted toward achieving equal employment opportunity (EEO) through positive, aggressive, and continuous results-oriented measures to correct past and present discriminatory practices and their effects on the conditions and privileges of employment. “Board representative” means the official appointed by the Board to review contractor affirmative action plans. “Certification” means the action by which the Board Representative acknowledges that the contractor's affirmative action plan meets the requirements as presented by Article III, §C of the Governor's Amended Code of Fair Practices. “Community resources list” means a compilation of local or State-wide organizations, agencies, community groups, and leaders, prepared as a guide for use by a contractor in implementing the contractor's affirmative action plan. “Contractor affirmative action plan compliance monitoring process” means the procedure used by the Department to assure that contractors are complying with their affirmative action requirements. “Corrective action” means specific actions, as included in the contractor's written and signed commitment to be taken with time limits and goals, to remedy a violation of applicable equal employment opportunity regulations. “Discrimination” means a distinction in treatment, whether intentional or unintentional, based on political or religious opinion or affiliation, race, color, creed, national origin, sex, physical or mental handicap, or age, except when sex, handicap, or age involves a bona fide job requirement. “Equal employment opportunity requirements” means all contract provisions relative to equal employment opportunity. “Equal employment opportunity (EEO)” means the absence of partiality or distinction in employment treatment, so that the rights of all persons to work and advance on the basis of merit, ability, and potential are maintained. “E.E.O.C.” means the Federal Equal Employment Opportunity Commission. “Equal opportunity compliance review” means an evaluation and determination of a contractor's or subcontractor's compliance with equal opportunity requirements. “Good faith effort” means a results-oriented positive action designed to achieve an affirmative action objective or goal. “Office of the Secretary, Contract Staff” means the unit within the Office of the Secretary responsible for meeting with the Board on contractual matters other than certification as defined above. “Show cause notice” means a written notification to a contractor based on the determination of an equal-opportunity officer indicating non-compliance with the equal opportunity requirements as provided for in the special provisions of the bid document, and the contractor's affirmative action plan, and Article III of the Executive Order promulgating the Code of Fair Practices (amended). “Special provisions respecting contractor affirmative action plans” means the equal opportunity requirements which, when translated into an affirmative action plan, legally obligates the contractor to take affirmative actions as provided for in the contractor's affirmative action plan. Contract Advertisement. All bids or offers on construction contracts shall include the Pre-Approved Contractor Affirmative Action Plan which outlines the contractor's and subcontractors' responsibilities to insure equal opportunity. When vendors secure the project plans and specifications, with the provisions included, they also shall receive a copy of the Minority Business Enterprise List and the Community Resources List to use as reference materials in developing and implementing their Affirmative Action Plans. Pre-Bid or Pre-Proposal Conference. When a pre-bid or pre-proposal conference is held, the Administration Equal Opportunity Officer shall explain the Pre-Approved Contractor Affirmative Action Plan and the use of resource materials provided to assist contractors in implementing their Affirmative Action Plans if they are selected as the successful bidder or offeror. Submissions. The vendors shall submit their bids or proposals in accordance with instructions issued by an Administration. Selection of Contractor. The Administration shall select the responsible bidder or offeror submitting the most favorable bid or most advantageous offer. Administration Submittal. The Administration shall submit the Pre-Approved Contractor Affirmative Action Plan along with other contract documents to the Contract Unit, OASA for the Board's action. Board of Public Works Action. The Board reviews and approves the contract. Administration Action. The Administration issues a “Notice to Proceed”. Once the Board has approved a contract, and a “notice to proceed” has been issued by the Administration, the formal contractor affirmative action plan compliance monitoring process begins and continues throughout the life of the contract. The Administration's equal opportunity officer will contact the contractor to review specific compliance requirements and to give the contractor a compliance assistance package containing suggested guidelines and forms. The following points shall be considered made when priorities are established for an on-site compliance review: Whether there has been compliance with the approved affirmative action plan based on an evaluation of reports and documents; Whether contracts are being performed in a geographic area where there is a significant minority labor force or female labor force, or both, within a reasonable recruitment area; Whether contracts are being let which hold a great potential for employment and promotion of minorities and women. The Administration's equal opportunity officer shall provide written notification to the contractor (copies to the Administrator and the DOT equal opportunity officer) of a pending compliance review at least 14 days before the on-site verification and interview stage of the compliance process. This will also serve as notification to the contractor of the scheduled date and location of the review and the time period to be covered by the review. The Administration's equal opportunity officer will conduct an on-site inspection of the project and inspect records to assure compliance with the contractor's approved affirmative action plan. There shall be an exit conference at which time the Administration's equal opportunity officer shall discuss any preliminary findings with the contractor that could lead to a determination of non-compliance. The Administration's equal opportunity officer shall discuss both the voluntary corrective actions that may have been implemented as a result of the visit and also the process and time by which the contractor will be informed of the final compliance determination. After the completion of the on-site verification phase, the Administration's equal opportunity officer shall review all available information including that which was provided by the contractor and obtained from on-site visits and also prepare a status report indicating compliance or non-compliance. A copy of the report shall be provided to the contractor. If the Administration's equal employment officer determines that the contractor is in compliance, the contractor shall receive written notification to that effect and copies of the notification shall be sent to the DOT equal opportunity officer, the Administrator, and the Board representative. If it is determined that a contractor appears not to be in compliance with the affirmative action plan, the Administrator or designated representative shall issue a “show-cause notice”. This notice demands that the contractor show cause why the contractor should not be found not to be in compliance. This notice shall delineate a list of the deficiencies, establish a compliance conference date, outline the possible administrative actions that can be taken, and provide a forum for the contractor to present the contractor's case. A compliance conference shall be held by the Administrator or a designated representative, the Administration's equal opportunity officer, and the contractor to discuss the deficiencies. If a contractor corrects the deficiencies, the “show-cause notice” shall be rescinded. The contractor shall be so notified, by letter, confirming that the contractor is in compliance. If a contractor refuses to make the necessary corrections to cause a rescission of the “show-cause notice”, the Administrator shall take the appropriate steps to begin administrative action to compel the contractor to comply with the affirmative action plan. Except for those contracts that go before the Board for approval, the Secretary of Transportation shall have the final approval on all administrative actions imposed on contractors found to remain not in compliance. In those instances when the Board has the final authority, the Secretary shall recommend that sanctions be imposed. State Finance and Procurement Article, §12-101, Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulations .01 amended effective January 9, 1989 (15:27 Md. R. 3138) Regulations .01B amended effective May 2, 2022 (49:9 Md. R. 531) Regulations .02 amended effective January 9, 1989 (15:27 Md. R. 3138) Regulations .03 amended effective January 9, 1989 (15:27 Md. R. 3138) Regulations .03I amended effective May 2, 2022 (49:9 Md. R. 531)