Md. Code Regs. 21.11.14.12

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

Section 21.11.14.12 - Certification Procedures

A. General.

(1) The certification agency is designated to certify, recertify, and decertify VSBEs.

(2) A procurement agency may not permit a vendor to participate in a procurement as a veteran-owned vendor unless it is identified as a certified VSBE in the Database.

B. Vendor Registration.

(1) A veteran vendor seeking to be recognized as a certified VSBE shall register as a vendor in the State's Internet-based electronic procurement system.

(2) A registered vendor shall submit veteran verification and complete the VSBE Program application in the State's Internet-based electronic procurement system.

C. Information Which May Be Requested. The certification agency may request the following information to assist in any certification, recertification, decertification, or participation 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; and

(3) Copies of supporting veteran-related documents issued by the federal government.

D. A certified VSBE shall have certified status in the Database at the time the contract is awarded in order for its participation to be counted toward the VSBE contract goal. All payments made shall be counted toward the VSBE goal under a contract entered into when the VSBE was certified.

E. Failure of a certified VSBE to maintain certification may not be the cause of the termination of the contractual relationship for the remainder of the term of the contract.

Md. Code Regs. 21.11.14.12

Regulation .12 amended and recodified from .10 effective 49:10 Md. R. 562, eff. 5/16/2022; adopted effective 51:6 Md. R. 270, eff. 4/1/2024.