Md. Code Regs. 15.01.19.09

Current through Register Vol. 51, No. 19, September 20, 2024

Section 15.01.19.09 - Compliance

A. Each procurement agency is responsible for ensuring compliance with Certified Local Farm Enterprise participation goals.

B. To ensure compliance with Certified Local Farm Enterprise participation goals, each procurement agency shall:

(1) Verify that the Certified Local Farm Enterprises listed in the Certified Local Farm Enterprise participation contract are actually providing farm products and receiving required compensation; and

(2) Monitor and collect data on contractor compliance with Certified Local Farm Enterprise participation goals.

C. The contractor shall permit the procurement agency to inspect any relevant matter, including records.

D. Upon determining that a contractor did not make good faith efforts to comply with Certified Local Farm Enterprise participation goals, the procurement agency shall notify the contractor in writing of its findings and shall specify what corrective actions are required. The contractor shall initiate the corrective actions within 10 calendar days and complete them within the time specified by the procurement agency.

E. If a procurement agency determines that material noncompliance with local farm enterprise contract provisions exists and that the contractor refuses or fails to take the corrective action required by the procurement agency, then the following sanctions may be invoked:

(1) Termination of the contract;

(2) Referral to the Office of the Attorney General for appropriate action; or

(3) Initiation of any other specific remedy identified by contract.

F. Upon completion of any contract, the procurement agency shall:

(1) Prepare a report that compares the dollar value of the payments actually received by Certified Local Farm Enterprises with the dollar value of the amount that Certified Local Farm Enterprises were intended to have received under the contract's Certified Local Farm Enterprise participation goal; and

(2) Include in the report an explanation of any discrepancy.

G. A procurement agency may use any other compliance mechanism authorized by contract or this chapter.

Md. Code Regs. 15.01.19.09

Regulation .09 adopted effective 49:2 Md. R. 76, eff. 12/16/2021; amended effective 49:7 Md. R.469, eff. 4/4/2022