Current through Register Vol. 51, No. 6, March 22, 2024
A. If, at any time after submission of a bid
or proposal and before execution of a contract, the apparent successful bidder
or offeror determines that a VSBE listed on the participation schedule required
under Regulation .07 of this chapter has become or will become unavailable,
then the apparent successful bidder or offeror shall immediately notify the
procurement officer in writing. An apparent successful bidder or offeror shall
obtain approval from the procurement officer before any changes to the
participation schedule may be made. The bidder or offeror shall make reasonable
efforts to substitute another VSBE subcontractor to meet the goal.
B. The request to amend the VSBE
participation schedule shall include:
(1) An
explanation of the reason for inclusion of the unavailable or ineligible firm
on the original VSBE participation schedule;
(2) The name of each certified VSBE
subcontractor that will substitute for the unavailable or ineligible certified
VSBE subcontractor;
(3) A
description of work to be performed by each certified VSBE
subcontractor;
(4) The percentage
of the contract to be paid to the certified VSBE subcontractor for the work or
supply; and
(5) A full description
of the bidder's or offeror's efforts to substitute another certified VSBE
subcontractor to perform the work that the unavailable or ineligible certified
VSBE subcontractor would have performed.
C. The procurement officer shall consult with
the VSBE liaison before deciding whether to approve a request to amend the VSBE
participation schedule.
D.
Amendments to the VSBE Participation Schedule Occurring After the Date of
Contract Award.
(1) For purposes of this
regulation, "good cause" includes documented nonperformance by the certified
VSBE or election by the certified VSBE to cease work on the contract. Failure
of the certified VSBE to provide a bond as requested by the contractor is not
considered to be nonperformance by the certified VSBE 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
VSBE listed on the VSBE participation schedule without:
(a) Showing good cause why the contract with
the certified VSBE should be terminated or cancelled;
(b) Obtaining the prior written consent of
the VSBE liaison;
(c) Obtaining
approval of the head of the unit; and
(d) Subsequently amending the
contract.
(3) The prime
contractor shall make reasonable efforts to substitute another VSBE contractor
to meet the goal, when good cause is shown.
(4) The procurement agency shall send a copy
of the VSBE liaison's written consent to the Governor's Office of Small,
Minority & Women Business Affairs.
