Md. Code Regs. 21.11.03.17

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.11.03.17 - Reporting

A. Each procurement agency shall make a report annually within 90 days following the close of the fiscal year to the Governor's Office of Small, Minority & Women Business Affairs, the Department of Transportation, and, subject to State Government Article, § 2-1257, Annotated Code of Maryland, to the Joint Committee on Fair Practices and State Personnel Oversight that includes for the preceding fiscal year:

(1) The total number and value of procurement contracts between the procurement agency and certified MBEs, by specific MBE category and by industry type, including whether the MBE participated as a prime contractor or as a subcontractor;

(2) The percentage that those procurement contracts represent, by specific MBE category and by industry type, of the total number and value of procurement contracts;

(3) The total number and the names of certified MBEs that participated as prime contractors or as subcontractors on procurement contracts awarded by a unit;

(4) For each MBE included in the report under §A(3) of this regulation, a list of all procurement contracts awarded by the procurement agency to that MBE, including a description of the contract and industry type;

(5) The results of each compliance assessment conducted by the procurement agency under Regulation .13 of this chapter, including for each contract completed during the fiscal year:

(a) The names of each prime contractor and each subcontractor that participated in the contract;

(b) The type of good or service provided by the contract;

(c) The MBE participation goal for the contract;

(d) Whether a waiver was granted for the MBE participation goal;

(e) The total dollar value of payments made to each prime contractor and by each prime contractor to each subcontractor during the contract term;

(f) Whether each subcontractor is a certified MBE; and

(g) If applicable, a description of factors that may have contributed to failure to achieve the MBE participation goal for the contract, including documented nonperformance or unavailability of a MBE;

(6) The number of waivers granted pursuant to Regulation .11 of this chapter; and

(7) An evaluation by the procurement agency of the success of its MBE program, which evaluation shall include a brief description of the procurement agency's outreach efforts to MBE prime contractors and MBE subcontractors.

B. As to procurement contracts for architectural services and engineering services reported under §A of this regulation, the report shall identify by separate category of MBE procurements for:

(1) Architectural services; and

(2) Engineering services.

C. A report under §A of this regulation shall be in a form prescribed by the Governor's Office of Small, Minority & Women Business Affairs and the Department of Transportation and approved by the Board of Public Works.

D. The Special Secretary for the Governor's Office of Small, Minority & Women Business Affairs may waive the requirement for a procurement agency to report MBE participation by industry type under §A of this regulation if the spending threshold for the industry type is too low for the unit to provide sufficient data.

E. Each procurement agency shall submit to the Board of Public Works and the Governor's Office of Minority Affairs by July 31 of each year the report of waivers required under Regulation .11E of this chapter.

F. Each procurement agency shall furnish any other information or periodic reports requested by the Office of Minority Affairs or the Department of Transportation in connection with MBE certification and procurement, or any other matters related to the administration, effectiveness, or continuation of the Minority Business Enterprise Program.

G. The Governor's Office of Small, Minority & Women Business Affairs shall prepare an annual report summarizing the information the Governor's Office of Small, Minority & Women Business Affairs receives under §A of this regulation, for submission by the end of each calendar year to the Board of Public Works and, subject to State Government Article, § 2-1257, Annotated Code of Maryland, the Legislative Policy Committee of the Maryland General Assembly, and to each procurement agency. If applicable, this report shall include MBE participation data for each unit by industry type.

Md. Code Regs. 21.11.03.17

Regulation .17A amended effective September 9, 1985 (12:18 Md. R. 1767)
Regulation .17 amended effective September 2, 1991 (18:17 Md. R. 1922)
Regulation .17A amended effective January 2, 1995 (21:26 Md. R. 2192)
Regulation .17 amended effective May 24, 2004 (31:10 Md. R. 796)
Regulation .17A amended effective April 7, 2008 (35:7 Md. R. 751); January 14, 2010 (37:1 Md. R. 16); July 26, 2010 (37:15 Md. R. 1000); February 7, 2011 (38:3 Md. R. 152);41:8 Md. R. 473, eff. 4/28/2014
Regulation .17B amended effective April 7, 2008 (35:7 Md. R. 751); amended effective 50:18 Md. R. 800, eff. 9/18/2023