EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb1014* SENATE BILL 1014 P2 4lr2068 HB 646/23 – HGO & APP By: Senator Charles Introduced and read first time: February 2, 2024 Assigned to: Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 2, 2024 CHAPTER ______ AN ACT concerning 1 State Procurement – Minority Business Enterprises and Small Business 2 Enterprises – Procurement Forecast and Outreach 3 FOR the purpose of requiring each unit to publish on the unit’s website annually a certain 4 procurement forecast; requiring the Office of Small, Minority, and Women Business 5 Affairs to consult with each primary procurement unit to identify potential 6 contracting opportunities for and increase outreach efforts to small businesses; 7 requiring the Office to develop a certain program requiring each unit to submit, on 8 or before certain dates each year, certain procurement forecasts to the Office in 9 accordance with certain requirements; and generally relating to minority business 10 enterprise and small business enterprise participation in State procurement. 11 BY adding to 12 Article – State Finance and Procurement 13 Section 14–302(a)(16) 14 Annotated Code of Maryland 15 (2021 Replacement Volume and 2023 Supplement) 16 BY repealing and reenacting, without amendments, 17 Article – State Government 18 Section 9–302 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2023 Supplement) 21 BY adding to 22 2 SENATE BILL 1014 Article – State Government 1 Section 9–304.1 and 9–308 2 Annotated Code of Maryland 3 (2021 Replacement Volume and 2023 Supplement) 4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 That the Laws of Maryland read as follows: 6 Article – State Finance and Procurement 7 14–302. 8 (a) (16) ON OR BEFORE MAY 1 EACH YEAR, EACH UNIT SHALL PUBL ISH ON 9 THE UNIT’S WEBSITE A PROCUREM ENT FORECAST LISTING ALL KNOWN AND 10 ANTICIPATED PROCUREM ENTS TO BE MADE BY T HE UNIT IN THE UPCOM ING FISCAL 11 YEAR, INCLUDING AN ESTIMAT E OF THE ANTICIPATED MINORITY BUSINESS 12 ENTERPRISE PARTICIPA TION GOALS FOR EACH PROCUREMENT . 13 Article – State Government 14 9–302. 15 There is an Office of Small, Minority, and Women Business Affairs in the Executive 16 Department. 17 9–304.1. 18 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 19 INDICATED. 20 (2) “PRIMARY PROCUREMENT U NIT” HAS THE MEANING STAT ED IN § 21 11–101 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 22 (3) “SMALL BUSINESS ” HAS THE MEANING STAT ED IN § 14–501 OF 23 THE STATE FINANCE AND PROCUREMENT ARTICLE. 24 (B) THE OFFICE SHALL CONSULT WITH EACH PRIMARY PR OCUREMENT 25 UNIT TO IDENTIFY POT ENTIAL CONTRACTING O PPORTUNITIES FOR AND INCREASE 26 OUTREACH EFFORTS TO SMALL BUSINESSES . 27 (C) THE OFFICE, IN CONSULTATION WITH PRIMARY PROCUREMENT UNITS, 28 SHALL DEVELOP A PROGRA M TO: 29 SENATE BILL 1014 3 (1) IDENTIFY AND INCREAS E AWARENESS OF PROCU REMENT 1 OPPORTUNITIES FOR SM ALL BUSINESS CONTRACTS BUSINESSES FOR SERVICES AND 2 SUPPLIES; AND 3 (2) ASSIST SMALL BUSINES SES IN COMPLYING WITH PROCEDURES 4 FOR BIDDING ON A PRO CUREMENT CONTRACT OR RESPONDING TO A REQU EST FOR 5 PROPOSALS. 6 9–308. 7 (A) ON OR BEFORE JUNE 30 EACH YEAR, EACH UNIT SHALL SUBM IT TO THE 8 OFFICE A PROCUREMENT FORECAST FOR ALL PRO CUREMENT CONTRACTS O VER 9 $100,000 FOR THE UPCOMING FISCAL YEAR . 10 (B) (1) ON OR BEFORE AUGUST 15 EACH YEAR, EACH UNIT SHALL SUBM IT 11 ANNUALLY THE UNIT ’S RECONCILIATION OF THE PRIOR FISCAL YEA R’S 12 PROCUREMENT FORECAST TO INCLUDE: 13 (I) THE STATUS OF THE FO RECASTED PROCUREMENT S; 14 (II) THE TOTAL NUM BER OF FORECASTED CO NTRACTS THAT 15 HAVE BEEN AWARDED ; AND 16 (III) THE TOTAL NUMBER OF PROCUREMENTS THAT HA VE BEEN 17 AWARDED BUT WERE UNA NTICIPATED BY THE UN IT’S PRIOR FISCAL YEAR ’S 18 PROCUREMENT FORECAST . 19 (2) EACH UNIT SHALL NOTIF Y THE OFFICE WITHIN 15 DAYS OF ANY 20 UPDATES TO THE EXIST ING FORECAST, INCLUDING: 21 (I) ADDITIONAL PROCUREME NTS FORECASTED FOR T HE 22 CURRENT FISCAL YEAR ; AND 23 (II) ANY PREVIOUSLY FOREC ASTED PROCUREMENTS T HAT ARE 24 NO LONGER ANTICIPATE D TO OCCUR DURING TH E FISCAL YEAR. 25 (3) THE OFFICE SHALL PUBLISH THE INFORMATION PROV IDED BY 26 EACH UNIT ON THE OFFICE’S WEBSITE. 27 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 October 1, 2024. 29