(a) The Chief Administrative Officer must structure the County's purchasing program to attempt to achieve the goal so that the percentages of the dollar value of purchases identified in subsection (b) from minority owned businesses who have been discriminated against are proportional to the availability of those businesses to perform work under County contracts in the County’s relevant geographic market area as determined by the most recent report that the County Executive must submit to the County Council under Section 11B-6(b).
(b) The purchases subject to the minority owned business goals are any formal or informal procurement, including any contract modification or renewal, valued over $5,000.
(c) The minority owned business goals do not apply to:
(1) grants that are appropriated by the County Council to specific grantees;
(2) utilities;
(3) intragovernmental procurements; or
(4) intergovernmental procurements, including a bridge contract, under Sections 11B-41 and 11B-42 if the Director determines in writing that compliance with this Article is impractical or is outweighed by the benefits to the County of entering into the intergovernmental procurement. (1997 L.M.C., ch. 38, § 1; 2006 L.M.C., ch. 3, § 1)
Editor’s note-Section 2 of Ch. 30 LMC 1997 states:
"Transition. Any certification as a minority owned business remains valid until April 1, 1998, if:
(a) the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and
(b) the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].
The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act. This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."