1. (a) To participate in the contract-specific goals and preferences authorized under this subtitle, a business must:

   1. (1) be certified by a certification agency in accordance with Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations adopted under that subtitle;

   2. (2)

      1. (i) be certified by any certification agency; and
      2. (ii) submit all additional documentation necessary for the Office to determine that the business meets the requirements of Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations adopted under that subtitle; or
   3. (3) be certified under a certification program that the Commission determines substantially duplicates the requirements for a State certification agency under Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations adopted under that subtitle.

2. (b) To substantially duplicate the requirements for a State certification agency under Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations adopted under that subtitle, a certification program shall, at a minimum, have certification requirements that are at least as narrowly tailored as the State's requirements in Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations adopted under that subtitle with respect to:

   1. (1) business ownership and control;
   2. (2) business size standards;
   3. (3) business owner personal net worth; and
   4. (4) business owner social and economic disadvantage.

3. (c) If the Office determines that a business seeking to participate in the minority business enterprise utilization program established under § 20-204 of this subtitle has a certification that does not substantially duplicate the requirements in Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations adopted under that subtitle, the Office may:

   1. (1) request and evaluate documentation and evidence necessary to determine whether the business may be authorized to participate in programs under this subtitle; and
   2. (2) following the evaluation under item (1) of this subsection, authorize a business to participate in programs under this subtitle.

Added by Acts 2023, c. 240, § 1, eff. June 1, 2023.