01.01.2023.03
EXECUTIVE ORDER 01.01.2023.03
Reporting of Procurement Activity and Minority Business Enterprise Compliance
A. Definitions.
1. “Participating Agencies” means those procurement units required to report MBE participation and compliance data to the Governor’s Office of Small, Minority, and Woman Business Affairs (GOSBA).
2. “Jurisdiction” means each of Maryland’s 23 counties and Baltimore City.
B. Within sixty (60) days of the issuance of this Executive Order, all Participating Agencies shall submit a report to the Governor detailing the Participating Agency’s procurement activity since July 1, 2022. The report shall include the following:
1. The quantity of procurement solicitations issued;
2. The quantity and the cumulative dollar value of contract awards;
3. The quantity and the cumulative dollar value of contract modifications;
4. The quantity and the cumulative dollar value of contract renewal options exercised;
5. The quantity of procurement solicitations issued with MBE goals;
6. The quantity of contract awards with MBE goals;
7. The number of contracts modified that had MBE goals;
a. The number of contracts that met their MBE goals at the time of the modification;
b. The number of contracts that did not met their MBE goals at the time of the modification;
8. The number of contracts whose renewal options were exercised that had MBE goals;
a. The number of renewed contracts that met their MBE goals at the time of the renewal option being exercised;
b. The number of renewed contracts that did not meet their MBE goals at the time of the renewal option being exercised.
C. Within sixty (60) days of the issuance of this Order, all Participating Agencies shall submit a report to the Governor detailing the outreach and marketing efforts to MBE firms that the Participating Agency conducted related to procurement solicitations from July 1, 2022, to the date of the issuance of this Order.
D. Within sixty (60) days of the issuance of this Executive Order, the Maryland Department of Transportation, in its capacity as the State’s official MBE certification agency, shall submit a report to the Governor with the following information:
1. By jurisdiction, the total number of businesses certified as an MBE;
2. By jurisdiction, the total number of Maryland-based businesses certified as an MBE;
3. By jurisdiction, the number of African American-owned businesses certified as an MBE;
4. By jurisdiction, the number of Hispanic-owned businesses certified as an MBE;
5. By jurisdiction, the number of Asian-owned businesses certified as an MBE;
6. By jurisdiction, the number of Native American-owned businesses certified as an MBE;
7. By jurisdiction, the number of Woman-owned businesses certified as an MBE; and
8. By jurisdiction, the number of Disabled-owned businesses certified as an MBE
E. Any Participating Agencies who are required to submit MBE performance and compliance reporting data to GOSBA for Fiscal Year 2022 but have not done so by the date of the issuance of this Executive Order, must submit the mandatory data to GOSBA within 15 days of the issuance of this Executive Order
F. Participating Agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.
G. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, the provisions or applications of the Executive Order are severable, and all others shall remain in effect to the extent possible without the invalid provision or application.
Effective date: February 16, 2023
