reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.09 - Vending Facilities on Property Controlled by Department of General Services › Section 21.11.09.05 - Vending Machine Income

Current through Register Vol. 51, No. 14, July 12, 2024
Vending machine income resulting from the operation of
				  vending machines on property controlled by the Department shall be paid to the
				  Division. The Division shall distribute the vending machine income to the
				  licensed blind vendor operating a vending facility where the vending machine
				  income is generated or, if there is no person managing the vending facility, to
				  the Program.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Employee" means an individual who
				satisfies the criteria of the employer-employee relationship test which
				examines:
(a) If the employer has the power
				to select and hire the employee;
(b) If the employer pays the employee
				wages;
(c) If the employer has the
				power to discharge the employee;
(d) If the employer has the power to control
				the employee's conduct; and
(e) If
				the work is part of the regular business of the employer.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.02 - Employees Covered Under the Living Wage Law

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Living Wage applies to an employee
				who:
(1) Is 18 years old or older or who will
				turn 18 during the duration of a State contract for services subject to the
				Living Wage Law; and
(2) Spends at
				least one-half of the employee's time during any work week on a State contract
				for services subject to the Living Wage Law.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.03 - Employee Health Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employer who reduces the wages paid to an employee based on the employer's
				share of the health insurance premium, as provided in §18-103(c), State
				Finance and Procurement Article, Annotated Code of Maryland, may not lower an
				employee's wage rate below the minimum wage as set in Labor and Employment
				Article, §
									3-413, Annotated
				Code of Maryland.
B. An employer
				who reduces the wages paid to an employee based on the employer's share of the
				health insurance premium shall comply with the record reporting requirements of
				Regulation .05 of this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.04 - Employee Deferred Compensation Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employer may reduce the wage rates paid
				under State Finance and Procurement Article, §
									18-103(a),
				Annotated Code of Maryland, by not more than 50 cents of the hourly cost of the
				employer's contribution to an employee's deferred compensation plan.
B. An employer who reduces the wages paid to
				an employee based on the employer's contribution to an employee's deferred
				compensation plan may not lower the employee's wage rate below the minimum wage
				as set in Labor and Employment Article, §
									3-413, Annotated
				Code of Maryland.
C. An employer
				who reduces an employee's wage rate under §A of this regulation shall
				comply with the record reporting requirements of Regulation .05 of this
				chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.05 - Employer Reporting and Posting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. On the day that work on the contract
				begins, an employer to a State contract for services subject to the Living Wage
				Law shall file with the Commissioner of Labor and Industry the following:
(1) If the employer reduces the wages paid to
				its employees covered by the Living Wage based upon the employer's share of the
				health insurance premium:
(a) Documentation
				of the employer's cost and proof of payment for each employee under the
				employer's health insurance plan;
(b) The methodology that the employer uses to
				determine the hourly amount of health insurance deduction for each employee;
				and
(c) Signature cards or other
				documentation reflecting that the employee has authorized a deduction for
				health insurance;
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.06 - Employer Record Retention Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
An employer shall retain the following records at the
				  worksite or at a readily accessible location for 3 years:
A. Payroll records covering work performed at
				the worksite; and
B. Copies of
				health insurance plans and employee deferred compensation plans.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.07 - Determination of Tier 1 or Tier 2

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				If services under a contract subject to State Finance and Procurement Article,
				Title 18, Annotated Code of Maryland, are capable of being performed in both
				Tier 1 and Tier 2, the head of the unit responsible for a State contract
				pursuant to State Finance and Procurement Article, §
									18-102(d),
				Annotated Code of Maryland, shall assign the tier based upon where the majority
				of the services are performed.
B.
				If the employees who perform the services are not located in the State, the
				head of the unit responsible for a State contract pursuant to State Finance and
				Procurement Article, §
									18-102(d),
				Annotated Code of Maryland, shall assign the tier based upon where the
				recipients of the services are located.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.08 - Wage Rate Changes During Term of Contract

Current through Register Vol. 51, No. 14, July 12, 2024
An employer subject to State Finance and Procurement Article,
				  Title 18, Annotated Code of Maryland, shall comply with the rate requirements
				  during the initial term of the contract and all subsequent renewal periods
				  including any increases in the wage rate, if adjusted, automatically upon the
				  effective date of the revised wage rate.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.09 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
An employer may not split or subdivide a contract, pay an
				  employee through a third party, or treat an employee as a subcontractor or
				  independent contractor, or assign work to employees to avoid the imposition of
				  any of the requirements of State Finance and Procurement Article, Title 18,
				  Annotated Code of Maryland, or this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.10 - Living Wage › Section 21.11.10.10 - Rules of Procedure for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation supplements the
				requirements of the Administrative Procedure Act, State Government Article,
				Title 10, Subtitle 2, Annotated Code of Maryland.
B. The Commissioner of Labor and Industry may
				delegate the authority to conduct the hearing to the Office of Administrative
				Hearings.
C. The administrative law
				judge may:
(1) Administer oaths and
				affirmations;
(2) Rule on
				procedural matters and offers of proof and receive relevant evidence;
(3) Regulate the course of the hearing and
				the conduct of the parties and their counsel;
(4) Examine any witness;
(5) Compel the production of records, books,
				papers, and other evidence; and
(6)
				Take any other appropriate action authorized by statute or
				regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Established locality" means the nearest
				locality in Maryland which most closely approximates the site of the public
				work in terms of population, degree of industrialization, and skill of the work
				force.
(2) "Overtime" means:
(a) Work performed in excess of 10 hours per
				calendar day, or work performed on Sundays and legal holidays, including but
				not limited to:
(i) New Year's Day, January
				1;
(ii) Memorial Day, as observed
				by either the State or the federal government;
(iii) Independence Day, July 4th;
(iv) Labor Day, first Monday in
				September;
(v) Thanksgiving Day,
				fourth Thursday in November; and
(vi) Christmas Day, December 25th.
(b) Payment of overtime to
				employees for other legal holidays is not prohibited, whether or not the
				employees are covered by collective bargaining agreements.
(3) "Stop work order" means an order issued
				by the Commissioner to a contractor or subcontractor that requires the
				contractor or the subcontractor to stop that contractor's or that
				subcontractor's work at the location identified in the order.
(4) "Weighted average rate" for a
				classification means the rate obtained by adding together the hourly rate paid
				to each worker in a classification and dividing the total by the number of
				workers in the classification.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.02 - Payroll Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 14
				days after the end of each payroll period, a contractor shall submit
				electronically to the Commissioner of Labor and Industry [and to the
				contracting public body] in a format approved by the Commissioner of Labor and
				Industry a complete copy of:
(1) The
				contractor's payroll records; and
(2) Each subcontractor's payroll
				records.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.03 - Compilation of Wage Rate Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall conduct ongoing
				surveys to obtain and compile wage rate information.
B. The Commissioner shall encourage
				contractors, contractors' associations, labor organizations, public officials,
				and other interested parties to submit voluntarily data detailing wage rates
				paid to workers on various types of construction in all localities. The
				following apply:
(1) Rates are determined for
				various types of construction, such as buildings, bridges, dams, highways,
				tunnels, sewers, powerlines, railways, airport buildings and runways, wharves,
				levees, canals, dredging, landing clearing, and excavating;
(2) A submission shall state the:
(a) Locality;
(b) Wage rate or rates paid to a particular
				trade or craft in that locality; and
(c) Type of construction for which the rate
				or rates are paid.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.04 - Bona Fide Fringe Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				the amount of bona fide fringe benefits paid by an employer exceeds the bona
				fide fringe benefits rate in a prevailing wage determination, an employer may
				credit, up to 20 percent of the basic rate, the amount of excess bona fide
				fringe benefits against the basic wage rate.
B. If the employer does not have a bona fide
				fringe benefit amount equal to or more than the prevailing wage bona fide
				fringe benefit amount, the employer shall pay the difference to the employee in
				basic wages.
C. If a credit of bona
				fide fringe benefits is applied pursuant to this subsection, the total wages
				shall equal or exceed the prevailing wage rate.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.05 - Apprentice Bona Fide Fringe Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
An apprentice shall be paid the full amount of the bona fide
				  fringe benefit in the prevailing wage determination for the applicable
				  classification unless the apprentice's apprenticeship program as approved by
				  the Maryland Apprenticeship and Training Council provides for the payment of a
				  percentage of the bona fide fringe benefit amount.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.06 - Mechanical Systems Service Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				applies to the following mechanical systems service contracts:
(1) Valued at more than $2,500;
(2) Procured by a public body as defined in
				State Finance and Procurement Article, §
										17-201(j),
				Annotated Code of Maryland; and
(3)
				Covering a mechanical system installed as part of a building or public work
				constructed under the Prevailing Wage Law for a contract bid on or after
				October 1, 2022.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.07 - Rules of Procedure for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				supplements the requirements of the Administrative Procedure Act, State
				Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR
				09.01.02 and 09.01.03.
B. The
				hearing officer shall be the Commissioner of Labor and Industry, or the
				Commissioner's designee.
C. The
				hearing officer may:
(1) Administer oaths and
				affirmations;
(2) Rule on
				procedural matters and offers of proof and receive relevant evidence;
(3) Regulate the course of the hearing and
				the conduct of the parties and their counsel;
(4) Examine any witness;
(5) Issue subpoenas; and
(6) Take any other appropriate action
				authorized by statute or regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.11 - Prevailing Wage-Contracts for Public Works › Section 21.11.11.08 - Commissioner's Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
If the Commissioner receives a complaint that an employee
				  under a public work contract was paid less than the prevailing wage rate for
				  that employee's classification, the Commissioner shall investigate the
				  complaint and attempt to resolve the complaint informally within 90 days of
				  receipt of the complaint.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) Approved apprenticeship program means an
				apprenticeship program or an organization with an apprenticeship program which
				has been registered with, and approved by, the Maryland Apprenticeship and
				Training Council or the United States Department of Labor.
(2) Commissioner means the Commissioner of
				Labor and Industry.
(3) Covered
				craft means a classification of workers listed in the prevailing wage
				determination applicable to a prevailing wage project.
(4) Fund means the State Apprenticeship
				Training Fund.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.02 - Hourly Contribution Rate

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				If a contractor participates in an apprenticeship training program for each
				covered craft, the contractor satisfies their obligation under State Finance
				and Procurement Article, §
									17-603(a)(1),
				Annotated Code of Maryland, by making contributions of at least 25 cents per
				person per hour.
B. If a
				subcontractor participates in an apprenticeship training program for each
				covered craft, the subcontractor satisfies their obligation under State Finance
				and Procurement Article, §
									17-604(a)(1),
				Annotated Code of Maryland, by making contributions of at least 25 cents per
				person per hour.
C. Contractors and
				subcontractors that do not participate in an apprenticeship training program
				shall pay at least 25 cents per person per hour for each employee in each
				covered craft on the prevailing wage project to a registered apprenticeship
				program, an organization that has a registered apprenticeship program, or the
				Fund.
D. Contractors and
				subcontractors who make contributions to the Fund shall do so on a monthly
				basis.
E. Contractors and
				subcontractors who make contributions to a registered apprenticeship program or
				an organization that has a registered apprenticeship program shall make
				contributions on a monthly basis or consistent with a collective bargaining
				agreement or other contractual arrangement.
F. If there is a prevailing wage
				determination that includes a fringe benefit contribution for apprenticeship
				that exceeds 25 cents per hour, a contractor or subcontractor that makes
				contributions to the Fund shall pay to the employee wages in the amount that
				the fringe benefit contribution for apprenticeship exceeds 25 cents per
				hour.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.03 - Contractor and Subcontractor Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors performing work on a
				prevailing wage project shall complete the registration process at the
				Department's website.
B.
				Subcontractors who are performing work valued at $100,000 or more on a
				prevailing wage project shall complete the registration process at the
				Department's website.
C. Prior to
				the commencement of work, a registered contractor or registered subcontractor
				shall log onto the Department's website and complete the required project log
				information including:
(1) The prevailing
				wage project number;
(2) Contract
				value;
(3) Identification of
				subcontractors to perform work on the project and subcontract value
				amount;
(4) Designation of the
				program or Fund where the contractor or subcontractor will make contributions;
				and
(5) Any other information that
				the Commissioner requires.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.04 - Contractor and Subcontractor Notification to Subcontractors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors and
				subcontractors who hire subcontractors performing work valued at $100,000 or
				more on a public work contract subject to the Maryland Prevailing Wage Law
				shall provide the subcontractors with written notice of the following
				requirements:
(1) Subcontractors shall
				complete the registration process at the Division of Labor and Industry's
				website at
https://www.dllr.state.md.us/prevwage
;
(2) Prior to the commencement of work, a
				subcontractor shall log onto the Department's website and complete the required
				project log information including:
(a) The
				prevailing wage project number;
(b)
				Contract value;
(c) Identification
				of all subcontractors to perform work on the project and subcontract value
				amount;
(d) Designation of the
				program or Fund where the subcontractor will make contributions; and
(e) Any other information that the
				Commissioner requires.
(3) Subcontractors performing work on a
				prevailing wage project valued at $100,000 or more are required to make
				payments to approved apprenticeship programs or to the Fund for each employee
				employed in classifications listed on the prevailing wage
				determination.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.05 - Contractor and Subcontractor Obligations Related to Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
Contractors and subcontractors are required to:
A. Indicate on their prevailing wage payroll
				record their contributions under State Finance and Procurement Article, §
									17-603
				or
				17-604,
				Annotated Code of Maryland; and
B.
				Certify that the contributions were received by an approved apprenticeship
				program or the Fund.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.06 - Notification to Division of Labor and Industry of Changes to Designated Approved Apprenticeship Programs or Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors and subcontractors shall log
				onto the Department's website and indicate each approved apprenticeship program
				or the Fund to which it will make contributions.
B. If a contractor or subcontractor intends
				to change a designation, it shall log onto the Department's website at to
				indicate the change in designation 30 days prior to that change.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.07 - Approved Apprenticeship Program Obligations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon notice from the Division of Labor and
				Industry that the approved apprenticeship program has been designated for
				contributions by a contractor or subcontractor, an approved apprenticeship
				program shall register on the Department's website.
B. An approved apprenticeship program shall
				complete the requested information on contributions received from contractors
				and subcontractors for each covered craft for each prevailing wage project at
				the Department's website on or before the last day of the month immediately
				following each calendar quarter.
C.
				Certify that all funds received are used solely for the purpose of improving or
				expanding apprenticeship training in the State.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.08 - Audit of an Approved Apprenticeship Program

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner may require an independent audit by a
				  certified public accountant of an approved apprenticeship program to verify
				  that contributions received are used consistent with this
				  subtitle.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.12 - State Apprenticeship and Training Fund › Section 21.11.12.09 - Enforcement Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commissioner may investigate whether State Finance and Procurement Article,
				Title 17, Subtitle 6, Annotated Code of Maryland, has been violated:
(1) On the Commissioner's own
				initiative;
(2) On receipt of a
				written complaint; or
(3) On
				referral from another State agency.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined
(1) Covered contract has the meaning stated
				in State Finance and Procurement Article, §
										17-6A-01(c),
				Annotated Code of Maryland
(2)
				Department means the Maryland Department of Labor
(3) Fund has the meaning set forth in State
				Finance and Procurement Article, §
										17-6A-01(e),
				Annotated Code of Maryland
(4)
				Registered apprenticeship program means an apprenticeship program which has
				been registered with, and approved by the Maryland Apprenticeship and Training
				Council or the United States Department of Labor and is operating within the
				State of Maryland
(5) Secretary
				means the Secretary of the Maryland Department of Labor
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each contractor
				or subcontractor awarded a covered contract defined in Regulation .01 of this
				chapter shall:
(1) Both:
(a) Be affiliated with a registered
				apprenticeship program; and
(b) Use
				apprentices from registered apprenticeship programs for each craft or trade in
				which the contractor or subcontractor employs individuals to complete the
				contract; or
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.03 - Hourly Contribution Rate

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Contractors and subcontractors that elect to make payments as described in
				Regulation .02 of this chapter shall pay 25 cents per individual per hour, for
				each employee who is employed to complete the contract, to:
(1) A registered apprenticeship program;
				or
(2) The Fund
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.04 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors
				performing work on a covered contract shall complete the registration process
				at the Department's website.
B.
				Prior to the commencement of work a registered contractor shall log onto
				Department's website and complete the required project log information,
				including but not limited to, the following:
(1) Identification of the capital project or
				grant;
(2) Contract
				value;
(3) Identification of
				subcontractors with contracts valued at $500,000 or more to perform work on the
				project and subcontract value amount;
(4) Identification of the affiliated
				registered apprenticeship program;
(5) Certification that the contractor is
				employing registered apprentices from the registered apprenticeship program to
				complete the contract; and
(6) Any
				other information that the Secretary requires.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.05 - Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors who
				hire subcontractors performing work valued at $500,000 or more on a covered
				contract, shall provide the subcontractors with written notice of the following
				requirements:
(1) Subcontractors performing
				work valued at $500,000 or more on a covered contract shall complete the
				registration process on the Department's website; and
(2) Prior to the commencement of work, a
				subcontractor shall log onto the Department's website and complete the required
				project log information including:
(a)
				Identification of the capital project or grant;
(b) Contract value;
(c) Identification of subcontractors with
				contracts valued at $500,000 or more to perform work on the project and
				subcontract value amount;
(d)
				Identification of the affiliated registered apprenticeship program;
(e) Certification that the subcontractor is
				employing registered apprentices from that program to complete the
				contract;
(f) If electing to make
				payments under Regulation .02A(2) of this chapter, designation of the entity,
				either a registered apprenticeship program or the Fund, to which the
				subcontractor will make contributions; and
(g) Any other information that the Secretary
				requires.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.06 - Contractor's and Subcontractor's Obligations Related to Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
Contractors and subcontractors who elect to make
				  contributions to a registered apprenticeship program or the Fund are required
				  to comply with the following requirements:
A. Indicate on their capital construction
				payroll records their contributions under State Finance and Procurement
				Article, §
									17-6A-03
				or §
									17-6A-04,
				Annotated Code of Maryland; and
B.
				Certify to the Secretary, or the Secretary's designee, on a quarterly basis,
				that the contributions were sent to a registered apprenticeship program or to
				the Fund.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.07 - Registered Apprenticeship Program's Obligations Related to Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
Upon request from contractors or subcontractors, registered
				  apprenticeship programs shall provide written documentation to the contractors
				  or subcontractors verifying their affiliation with the applicable
				  program.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.08 - Notification of Intended Changes to Designated Registered Apprenticeship Programs or the Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. Thirty days
				prior to making a change in the designation of applicable apprenticeship or
				contribution to the Fund, a contractor or subcontractor shall log onto the
				Department's website to indicate the intended change.
B. A contractor or subcontractor making
				payments to the Fund may make a written request to the Secretary that the
				contributions be directed to a specific pre-apprenticeship or workforce
				development program.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.09 - Registered Apprenticeship Program's Obligations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon notice from the Department's Division
				of Workforce Development and Adult Learning that the registered apprenticeship
				program has been designated for contributions by a contractor or subcontractor,
				a registered apprenticeship program shall register on the Department's
				website.
B. A registered
				apprenticeship program shall comply with the following requirements:
(1) Complete the requested information on
				contributions received from contractors and subcontractors for each contract at
				the Department's website on or before the last day of the month immediately
				following each calendar quarter; and
(2) Certify that all funds received are used
				solely for the purpose of improving or expanding apprenticeship training in the
				State.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.10 - Audit of a Registered Apprenticeship Program

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary, or the Secretary's designee, may require an
				  independent audit by a certified public accountant of a registered
				  apprenticeship program to verify that contributions received from contractors
				  and subcontractors are used consistently with requirements set forth in State
				  Finance and Procurement Article, §§
									17-6A-01
				  -17-6A-06, Annotated Code of Maryland and this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects › Section 21.11.13.11 - Enforcement Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Secretary, or the Secretary's designee, may investigate whether State Finance
				and Procurement Article, Title 17, Subtitle 6A, Annotated Code of Maryland, has
				been violated:
(1) On the Secretary's, or the
				Secretary's designee, own initiative;
(2) On receipt of a written complaint;
				or
(3) On referral from another
				State agency.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.01 - General - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter provides that maximum contracting opportunities
				  be extended to veteran-owned small business enterprises, as both prime
				  contractors and subcontractors, and establishes that:
A. Each procurement agency shall structure
				its procedures for making procurements to try to achieve an overall minimum of
				1 percent of the unit's total dollar value of all procurement contracts made
				directly or indirectly with veteran-owned small business enterprises; and
B. The requirements of this
				chapter may be applied to individual task orders competitively procured among
				contractors under a master contract as provided in COMAR 21.05.13.05.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Certification" means a determination by
				the certification agency through the procedures outlined in this chapter that a
				legal entity is a veteran-owned small business enterprise (VSBE) for purposes
				of these regulations.
(2)
				"Certification agency" means the Governor's Office of Small, Minority Women
				Business Affairs (GOSBA).
(3)
				"Certified VSBE" means a veteran-owned small business that holds a
				certification issued by the certification agency.
(4) "control" means the exercise of the power
				to manage and operate a business enterprise.
(5) "Database" means the State's Internet-based
				electronic procurement system.
(6)
				"Procurement agency" has the meaning stated in COMAR
				21.01.02.01B.
(7) "Vendor" has the meaning
				stated in COMAR
				21.01.02.01B.
(8) "Verification" means a
				business owner that is verified by the Maryland Department of Veterans Affairs
				or the U.S. Small Business Administration as a veteran.
(9) "Veteran" means an individual who is verified as
				having served on active duty in the armed forces of the United States, other
				than for training, and was discharged or released under conditions other than
				dishonorable.
(10) "Veteran-owned
				small business enterprise (VSBE)" means a for-profit business, other than a
				joint venture, that:
(a) Meets the size
				standards adopted by the U.S. Small Business Administration in
				13 CFR §
												121.201 and any subsequent revision of that
				regulation; and
(b) Is at least 51
				percent owned by one or more individuals who:
(i) Are veterans; and
(ii) Control the management and daily
				operations of the business.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except to the
				extent that any provisions conflict with federal law, or as provided in §B
				of this regulation, this chapter applies to every procurement of supplies,
				services, maintenance, construction, construction-related services,
				architectural services, and engineering services by a procurement
				agency.
B. Small procurements are
				not subject to this chapter. These procurements shall be made in accordance
				with COMAR 21.05.07.
C. Procurement
				agencies shall use the Database as the primary resource to identify certified
				VSBEs when considering the application of a VSBE participation goal.
				Procurement agencies may also utilize the U.S. Small Business Administration
				and any other veteran resource or database to assist in identifying potential
				veteran vendors when considering the application of a VSBE participation
				goal.
D. Nothing in this chapter is
				to be construed to relieve a procurement agency from attempting to achieve the
				State's goal for certified VSBE participation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.04 - Procurement Agency Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Each procurement agency shall make its procurements in accordance with this
				chapter.
B. The Department of
				General Services, in executing its responsibility over procurement of
				information technology equipment and related services, shall require
				procurement agencies to make those procurements in compliance with this
				chapter.
C. When delegating
				procurement authority to procurement agencies, the Department of General
				Services shall condition the delegation on compliance with this
				chapter.
D. Procurement agencies
				shall use the forms and affidavits developed by the Governor's Office of Small,
				Minority, and Women Business Affairs for reporting procedures required by this
				title.
E. Before awarding a
				contract that includes a VSBE goal, the procurement officer shall use the
				Database to confirm that the VSBE vendor named to fulfill an established VSBE
				contract goal is certified by the Governor's Office of Small, Minority Women
				Business Affairs (GOSBA).
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.05 - VSBE Liaison

Current through Register Vol. 51, No. 14, July 12, 2024
The head of each procurement agency shall designate an
				  employee to be a VSBE liaison officer in the administration of that agency's
				  VSBE Program. The VSBE liaison officer shall be a high-level employee reporting
				  directly to a Secretary, Deputy Secretary, or head of a procurement agency. The
				  VSBE liaison officer is responsible for coordinating agency outreach efforts to
				  the veteran business community, reviewing agency contracting procedures to
				  ensure compliance with this chapter, assisting in the resolution of contracting
				  issues, and for submitting required VSBE Program reports or
				  information.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.06 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				procurement agency shall make a report annually within 90 days following the
				close of the fiscal year to the Governor's Office of Small, Minority &
				Women Business Affairs that includes:
(1) The
				total number, value, and procurement category of its procurements from
				State-certified VSBEs as prime contractors, and separately as
				subcontractors;
(2) The number of
				waivers granted pursuant to Regulation .09 of this chapter; and
(3) An evaluation by the procurement agency
				of the success of its VSBE Program, which shall include a brief description of
				the procurement agency's outreach efforts to VSBE prime and VSBE
				subcontractors.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.07 - Procurement Solicitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				attain the overall and specific goals under Regulation .01A of this chapter,
				procurement agencies shall set, where appropriate, an overall VSBE goal,
				expressed as a percentage of the dollar value of the contract.
B. Goal Setting Generally.
(1) A procurement agency shall assess the
				potential for VSBE prime and subcontractor participation in each contract and
				estimate the amount of participation if any before initiating the
				procurement.
(2) Some factors which
				may be used to determine the level of VSBE participation include:
(a) The extent to which direct solicitation
				at the prime contract level, subcontracting, or a combination of both is
				determined most likely to result in maximum VSBE participation in the contract;
(b) The number of certified VSBEs
				listed in the Database in addition to veteran-owned firms identified by the
				U.S. Small Business Administration and other resources and databases used to
				identify veteran-owned firms for a particular supply, service, maintenance,
				construction, construction-related service, architectural service, or
				engineering service;
(c) The
				geographical proximity, when relevant, of VSBEs to the location of the work to
				be performed; and
(d) The
				feasibility of subcontracting opportunities given the nature and extent of the
				proposed contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.08 - Contract Award - Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The documentation in §C of this
				regulation is considered part of the contract and shall be furnished by the
				apparent successful bidder or offeror to the procurement officer within 10
				working days from notification of apparent award, or from the date of the
				award, whichever is earlier. If the documentation is not furnished within the
				specified time, the bidder or offeror may be rejected as
				nonresponsible.
B. A VSBE
				subcontractor project participation statement shall be furnished and signed by
				the bidder or offeror and each VSBE listed in the participation schedule. The
				project participation statement shall include:
(1) A statement of intent to enter into a
				contract between the prime contractor and each subcontractor;
(2) If a contract is executed between the
				procurement agency and the prime contractor or if the prime contract has been
				awarded and the procurement officer makes a request, copies of the subcontract
				agreement or agreements; and
(3)
				The amount and type of bonds required of VSBE subcontractors, if any.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.09 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, for any
				reason, the apparent successful bidder or offeror is unable to achieve the VSBE
				goal, the bidder or offeror may request, in writing, a waiver to include the
				following:
(1) A detailed statement of the
				efforts made to select portions of the work proposed to be performed by
				VSBEs;
(2) A detailed statement of
				the efforts made to contact and negotiate with VSBEs, including:
(a) The names, addresses, dates, and
				telephone numbers of the VSBEs; and
(b) A description of the information provided
				to VSBEs regarding the plans, specifications, and anticipated time schedule for
				portions of the work to be performed;
(3) As to each VSBE that placed a subcontract
				quotation or offer that the apparent successful bidder or offeror considers to
				be unacceptable, a detailed statement of the reasons for this conclusion;
				and
(4) A list of VSBEs found to be
				unavailable, which shall be accompanied by a VSBE Subcontractor Unavailability
				Certificate signed by the VSBE, or a statement from the apparent successful
				bidder or offeror that the VSBE refused to give the written
				verification.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.14 - Veteran-Owned Small Business Enterprises › Section 21.11.14.10 - Amendment of VSBE Participation Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, at any time after submission of a bid
				or proposal and before execution of a contract, the apparent successful bidder
				or offeror determines that a VSBE listed on the participation schedule required
				under Regulation .07 of this chapter has become or will become unavailable,
				then the apparent successful bidder or offeror shall immediately notify the
				procurement officer in writing. An apparent successful bidder or offeror shall
				obtain approval from the procurement officer before any changes to the
				participation schedule may be made. The bidder or offeror shall make reasonable
				efforts to substitute another VSBE subcontractor to meet the goal.
B. The request to amend the VSBE
				participation schedule shall include:
(1) An
				explanation of the reason for inclusion of the unavailable or ineligible firm
				on the original VSBE participation schedule;
(2) The name of each certified VSBE
				subcontractor that will substitute for the unavailable or ineligible certified
				VSBE subcontractor;
(3) A
				description of work to be performed by each certified VSBE
				subcontractor;
(4) The percentage
				of the contract to be paid to the certified VSBE subcontractor for the work or
				supply; and
(5) A full description
				of the bidder's or offeror's efforts to substitute another certified VSBE
				subcontractor to perform the work that the unavailable or ineligible certified
				VSBE subcontractor would have performed.