Current through Register Vol. 51, No. 19, September 20, 2024
A. If at any time after submission of a bid
or proposal and before execution of a contract, a bidder or offeror determines
that a certified MBE listed on the MBE participation schedule required under
Regulation .09C(3) of this chapter has become or will become unavailable or
ineligible to perform the work required under the contract, then the bidder or
offeror:
(1) Within 72 hours of making the
determination, shall provide written notice to the procurement officer;
and
(2) Within 5 business days of
making the determination, may make a written request to the procurement officer
to amend the MBE participation schedule.
B. For purposes of this regulation,
"ineligible" means an MBE certified by the certification agency that may not be
counted toward meeting the MBE subcontract participation goal established for
the procurement because:
(1) The MBE is not
certified by the certification agency to provide the services, materials, or
supplies the bidder or offeror has committed the MBE to provide on the MBE
participation schedule;
(2) The MBE
has graduated from the NAICS Code associated with the services, materials, or
supplies the bidder or offeror has designated the MBE to provide; or
(3) The MBE no longer meets the personal net
worth requirements of Regulation .03 of this chapter.
C. The request to amend the MBE participation
schedule shall include:
(1) An explanation of
the reason for inclusion of the unavailable or ineligible firm on the original
MBE participation schedule;
(2) The
name of each certified MBE subcontractor that will substitute for the
unavailable or ineligible certified MBE subcontractor;
(3) A description of work to be performed by
each certified MBE subcontractor;
(4) The percentage of the contract to be paid
to the certified MBE subcontractor for the work or supply; and
(5) A full description of the bidder's or
offeror's efforts to substitute another certified MBE subcontractor to perform
the work that the unavailable or ineligible certified MBE subcontractor would
have performed.
D. The
procurement officer shall consult with the MBE liaison before deciding whether
to approve a request to amend the MBE participation schedule.
E. Amendments to the MBE participation
schedule occurring after the date of contract award.
(1) For purposes of this regulation, "good
cause" includes documented nonperformance by the certified MBE or election by
the certified MBE to cease work on the contract. Failure of the certified MBE
to provide a bond as requested by the contractor is not considered to be
nonperformance by the certified MBE if the requested bond violates State
Finance and Procurement Article, §
13-227,
Annotated Code of Maryland.
(2) A
contractor may not terminate or otherwise cancel the contract of a certified
MBE listed on the MBE participation schedule without:
(a) Showing good cause why the contract with
the certified MBE should be terminated or cancelled;
(b) Obtaining the prior written consent of
the MBE liaison;
(c) Obtaining
approval of the head of the unit; and
(d) Subsequently amending the
contract.
(3) The
procurement agency shall send a copy of the MBE liaison written consent to the
Office of Minority Affairs.
