Md. Code Regs. 21.11.05.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.11.05.01 - Definitions

A. In this chapter the following words have the meanings indicated.

B. Terms Defined.

(1) "Blind Industries and Services of Maryland" means the entity designated by law to produce supplies manufactured and assembled by processes involving blind workers.

(2) "Community service provider" means an entity, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual, that is:

(a) Organized under the laws of the United States or the State of Maryland;

(b) Accredited by the Division of Rehabilitation Services of the State Department of Education for participation in the Employment Works Program; and

(c) Operated in the interests of individuals who have a mental or physical disability, including blindness, that:

(i) Constitutes a substantial barrier to employment; and

(ii) Prevents the individual from engaging in competitive employment.

(2-1) "Employment Works Program" means the program established in the Department of General Services by State Finance and Procurement Article, § 14-108, Annotated Code of Maryland.

(3) "Fair market price" means that price established in accordance with Regulation .03 of this chapter for a supply or service provided by a selling entity other than Maryland Correctional Enterprises.

(4) "Individual-with-disability-owned business" means a business:

(a) That is organized under the laws of the United States or of the State;

(b) That is majority owned by an individual or individuals determined by the Division of Rehabilitation Services in the State Department of Education to have a disability, as defined by Education Article, Title 21, Subtitle 3, Annotated Code of Maryland;

(c) Whose majority owner or owners are directly and significantly engaged in the daily operation of the business;

(d) Whose workforce includes individuals with disabilities comprising a percentage of the workforce that is at or above the minimum required under the policies or guidelines established by the Pricing and Selection Committee for Preferred Providers;

(e) Whose total gross revenues for contracts assigned under the Employment Works Program at the time of assignment do not exceed the maximum allowed under policies or guidelines established by the Pricing and Selection Committee for Preferred Providers; and

(f) That continues to meet all other eligibility criteria established by the Pricing and Selection Committee for Preferred Providers.

(5) "Maryland Correctional Enterprises" means a unit of the Division of Corrections of the Department of Public Safety and Correctional Services that is authorized by law to use prison labor to produce supplies or to provide services for sale to public entities and certain not-for-profit organizations.

(6) "Master list" means a consolidated catalog, produced at least annually, that lists the supplies and services subject to procurement under this chapter. The master list indicates:

(a) The selling entity from which a particular supply or service may be purchased;

(b) The fair market price at which the supply or service will be sold; and

(c) The ordering priority under Regulation .07C or D of this chapter if the supply or service can be furnished by more than one selling entity.

(6-1) "Preferred Provider" means a provider of supplies or services given preference under this chapter.

(7) "Prevailing average market price" means the current averaged competitive price as determined by the Pricing and Selection Committee for Preferred Providers for the same or substantially similar supply or service provided by State Use Industries.

(8) "Pricing and Selection Committee for Preferred Providers" means the pricing authority responsible for reviewing and verifying the prevailing average market prices as proposed by Maryland Correctional Enterprises, setting the prices of supplies and services that Blind Industries and Services of Maryland provides to reflect the fair market prices for those supplies and services, and determining the fair market price of supplies, services, and other sales that the Employment Works Program community services providers and individual-with-disability-owned businesses provide, among other duties in accordance with State Finance and Procurement Article, § 14-106, Annotated Code of Maryland.

(9) "Selling entity" means Maryland Correctional Enterprises, the Blind Industries and Services of Maryland, Employment Works Program community service providers, or individual-with-disability-owned businesses.

(10) "State aided or controlled entity" means any public or quasi-public institution that receives aid from the State or that is owned, controlled, or managed by the State.

Md. Code Regs. 21.11.05.01

Regulation .01B amended effective March 8, 1999 (26:5 Md. R. 394); March 13, 2006 (33:5 Md. R. 523); February 23, 2009 (36:4 Md. R. 355);41:8 Md. R. 473, eff. 4/28/2014 ; amended effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 50:18 Md. R. 800, eff. 9/18/2023