Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter
				the following words have the meanings indicated.
B. Terms Defined.
(1) "Blind Industries and Services of
				Maryland" means the entity designated by law to produce supplies manufactured
				and assembled by processes involving blind workers.
(2) "Community service provider" means an
				entity, the net income of which does not inure in whole or in part to the
				benefit of any shareholder or other individual, that is:
(a) Organized under the laws of the United
				States or the State of Maryland;
(b) Accredited by the Division of
				Rehabilitation Services of the State Department of Education for participation
				in the Employment Works Program; and
(c) Operated in the interests of individuals
				who have a mental or physical disability, including blindness, that:
(i) Constitutes a substantial barrier to
				employment; and
(ii) Prevents the
				individual from engaging in competitive employment.
(2-1) "Employment Works Program"
				means the program established in the Department of General Services by State
				Finance and Procurement Article, §
										14-108,
				Annotated Code of Maryland.
(3)
				"Fair market price" means that price established in accordance with Regulation
				.03 of this chapter for a supply or service provided by a selling entity other
				than Maryland Correctional Enterprises.
(4) "Individual-with-disability-owned
				business" means a business:
(a) That is
				organized under the laws of the United States or of the State;
(b) That is majority owned by an individual
				or individuals determined by the Division of Rehabilitation Services in the
				State Department of Education to have a disability, as defined by Education
				Article, Title 21, Subtitle 3, Annotated Code of Maryland;
(c) Whose majority owner or owners are
				directly and significantly engaged in the daily operation of the
				business;
(d) Whose workforce
				includes individuals with disabilities comprising a percentage of the workforce
				that is at or above the minimum required under the policies or guidelines
				established by the Pricing and Selection Committee for Preferred
				Providers;
(e) Whose total gross
				revenues for contracts assigned under the Employment Works Program at the time
				of assignment do not exceed the maximum allowed under policies or guidelines
				established by the Pricing and Selection Committee for Preferred Providers;
				and
(f) That continues to meet all
				other eligibility criteria established by the Pricing and Selection Committee
				for Preferred Providers.
(5) "Maryland Correctional Enterprises" means
				a unit of the Division of Corrections of the Department of Public Safety and
				Correctional Services that is authorized by law to use prison labor to produce
				supplies or to provide services for sale to public entities and certain
				not-for-profit organizations.
(6)
				"Master list" means a consolidated catalog, produced at least annually, that
				lists the supplies and services subject to procurement under this chapter. The
				master list indicates:
(a) The selling entity
				from which a particular supply or service may be purchased;
(b) The fair market price at which the supply
				or service will be sold; and
(c)
				The ordering priority under Regulation .07C or D of this chapter if the supply
				or service can be furnished by more than one selling entity.
(6-1) "Preferred Provider" means a
				provider of supplies or services given preference under this chapter.
(7) "Prevailing average market price" means
				the current averaged competitive price as determined by the Pricing and
				Selection Committee for Preferred Providers for the same or substantially
				similar supply or service provided by State Use Industries.
(8) "Pricing and Selection Committee for
				Preferred Providers" means the pricing authority responsible for reviewing and
				verifying the prevailing average market prices as proposed by Maryland
				Correctional Enterprises, setting the prices of supplies and services that
				Blind Industries and Services of Maryland provides to reflect the fair market
				prices for those supplies and services, and determining the fair market price
				of supplies, services, and other sales that the Employment Works Program
				community services providers and individual-with-disability-owned businesses
				provide, among other duties in accordance with State Finance and Procurement
				Article, §
										14-106,
				Annotated Code of Maryland.
(9)
				"Selling entity" means Maryland Correctional Enterprises, the Blind Industries
				and Services of Maryland, Employment Works Program community service providers,
				or individual-with-disability-owned businesses.
(10) "State aided or controlled entity" means
				any public or quasi-public institution that receives aid from the State or that
				is owned, controlled, or managed by the State.