Current through Register Vol. 51, No. 19, September 20, 2024
A. The
Department of Transportation is the agency designated to certify, recertify,
and decertify MBEs. A procurement agency may not permit a person to participate
in a procurement as a certified MBE unless the Department of Transportation has
certified the person as a minority business enterprise.
B. Procedure.
(1) Contractors seeking MBE certification
shall apply to the Department of Transportation. Certification procedures,
including procedures for recertification and decertification, are those set
forth in COMAR
11.01.10.01 o, which incorporates
by reference the Department of Transportation "Minority Business Enterprise
Program".
(2) Graduation.
(a) If a certified MBE meets or exceeds the
small business size standards specified in 13 CFR Part 121, as amended, which
is incorporated by reference, the MBE is no longer eligible to participate in a
procurement as a certified MBE. The MBE is still eligible for credit towards an
MBE goal under a contract entered into when the MBE was eligible and certified.
Ineligibility of an MBE to participate in the MBE program may not be the sole
cause of the termination of the MBE contractual relationship for the remainder
of the term of the contract.
(b)
If, during the next 3 years, the MBE again becomes qualified under the small
business size standards specified in 13 CFR Part 121, as amended, which is
incorporated by reference, the MBE may resume participation as a certified MBE
through the recertification process.
(c) If, after 3 years of nonparticipation,
the MBE continues to meet or exceed the small business size standards under 13
CFR Part 121, as amended, which is incorporated by reference, the MBE is
considered to have graduated and will no longer be certified.
C. Information Which
May Be Requested. The Department of Transportation may request the following
information to assist in any certification, recertification, decertification,
participation, or graduation determination. Failure to furnish the requested
information within a reasonable time as specified in writing may result in an
administrative closing of an application, a denial of certification or
recertification, or a determination to decertify. The information consists of:
(1) Copies of articles of incorporation,
bylaws, minutes, shareholder agreements, stock certificates, stock transfer
ledgers, any additional profit-sharing agreements or buyout rights, or in the
case of a partnership, the partnership agreement;
(2) Current financial statements, business
licenses, federal personal income tax returns for the most current 2 years,
including all schedules, federal business tax returns for the past 3 years,
including all schedules, cancelled checks, resumes of principal parties, and
any relevant personal and third-party agreements, such as rental and management
agreements;
(3) Documentation of
certifications received from other public entities including "on-site
certification review reports"; and
(4) Other information the Department of
Transportation determines is necessary.
D. A business that has received certification
from a federal or county MBE program that uses a certification process
substantially similar to the process established in this regulation shall be
eligible for certification by the Department of Transportation as a
State-certified MBE if the business:
(1) Has
obtained certification under the Federal Disadvantaged Business Enterprise
Program; and
(2) Meets the
eligibility requirements of the State Minority Business Enterprise
Program.
