Md. Code Regs. 21.11.14.10

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

Section 21.11.14.10 - Amendment of VSBE Participation Schedule

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.

Md. Code Regs. 21.11.14.10

Recodified from 21.11.13.10 effective 47:26 Md. R. 1108, eff. 12/28/2020; recodified from .08 effective 49:10 Md. R. 562, eff. 5/16/2022