Md. Code Regs. 21.11.14.09

Current through Register Vol. 51, No. 18, September 6, 2024

Section 21.11.14.09 - Waiver

A. If, for any reason, the apparent successful bidder or offeror is unable to achieve the VSBE goal, the bidder or offeror may request, in writing, a waiver to include the following:

(1) A detailed statement of the efforts made to select portions of the work proposed to be performed by VSBEs;

(2) A detailed statement of the efforts made to contact and negotiate with VSBEs, including:

(a) The names, addresses, dates, and telephone numbers of the VSBEs; and

(b) A description of the information provided to VSBEs regarding the plans, specifications, and anticipated time schedule for portions of the work to be performed;

(3) As to each VSBE that placed a subcontract quotation or offer that the apparent successful bidder or offeror considers to be unacceptable, a detailed statement of the reasons for this conclusion; and

(4) A list of VSBEs found to be unavailable, which shall be accompanied by a VSBE Subcontractor Unavailability Certificate signed by the VSBE, or a statement from the apparent successful bidder or offeror that the VSBE refused to give the written verification.

B. A waiver of a VSBE contract goal may be granted only upon a reasonable demonstration by the bidder or offeror that VSBE subcontract participation was unable to be obtained, or was unable to be obtained at a reasonable price, and if the agency head or designee determines that the public interest is served by a waiver. In making a determination under this section, the agency head or designee may consider engineering estimates, catalogue prices, general market availability, and availability of VSBEs in the area in which the work is to be performed, other bids or offers and subcontract bids or offers substantiating significant variances between VSBE and non-VSBE cost of participation, and their impact on the overall cost of the contract to the State and any other relevant factor.

C. An agency head may waive the provisions of Regulations .07 and .08 of this chapter for a sole source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those procedures.

D. When a waiver is granted, except waivers under §C of this regulation, one copy of the waiver determination and the reasons for the determination shall be kept by the VSBE liaison officer with another copy forwarded to the Governor's Office of Small, Minority & Women Business Affairs.

Md. Code Regs. 21.11.14.09

Recodified from 21.11.13.09 effective 47:26 Md. R. 1108, eff. 12/28/2020; amended and recodified from .07 effective 49:10 Md. R. 562, eff. 5/16/2022; amended effective 51:6 Md. R. 270, eff. 4/1/2024.