6.35.040 Eligibility for the SLBE program.
(a) The SLMBE Office, at its sole discretion, will approve a firm registered in WSSC’s Supplier Portal System or any successor Web-Based Compliance System adopted by WSSC as a SLBE in the SLBE program upon submission of a completed and verified application, including supporting documentation, demonstrating that the applicant’s firm:
(1) Is an independently owned and operated for-profit business concern that is not dominant in its field of operation, and that is performing a commercially useful function;
(2) Meets size standard eligibility requirements for SBEs as defined under the State of Maryland regulations adopted by the Department of General Services pursuant to the State Finance and Procurement Article, § 14-203, Annotated Code of Maryland, or any successor provision thereto and as reflected in this chapter, which shall be modified as necessary to remain consistent with state law;
(3) Is an LBE as defined in WSSC 6.35.030, with a principal place of business or significant employment presence in Prince George’s County or Montgomery County, Maryland;
(4) Has been established for at least one year or the principals of the business have at least three years of relevant experience prior to forming or joining the business; and
(5) Has not received more than $2 million in WSSC contract payments as a prime contractor and direct subcontractor in open competition from WSSC in the year preceding the date of the application.
(b) A firm must receive its SLBE approval from the SLMBE Office prior to submitting a bid or proposal or being included in a subcontract plan pursuant to this chapter.
(c) Upon receipt of the SLBE program application, the SLMBE Office shall review all enclosed application affidavits and documentation to make a determination as to whether the applicant successfully satisfies the SLBE eligibility requirements as set forth in this chapter. Applicants determined ineligible to participate as a SLBE shall receive a letter from the SLMBE Office stating the basis for the denial of eligibility. Applicants determined ineligible shall not be eligible to submit a new application for one calendar year from the date of the notice of denial of eligibility. A firm whose application for SLBE status is denied by the SLMBE Office may ask the Office to reconsider its decision within 20 days thereof, or may file an appeal with the GM/CEO within 30 calendar days of the last action taken by the SLMBE Office regarding the application.
(d) WSSC-approved SLBEs shall file with the SLMBE Office a completed renewal application every two years, 60 calendar days prior to expiration of their SLBE status. At the time of filing any renewal application, a SLBE must satisfy each of the applicable eligibility criteria set forth in this section.
(e) Any existing SLBE firms approved in accordance with the eligibility standards of SLBE 12-01 (or successor SP), shall continue to be eligible for SLBE program participation until the expiration of their existing SLBE status or they have graduated from the SLBE status (whichever comes first), at which time the firm must meet all eligibility criteria as stated in this chapter.
(f) The SLMBE Office reserves the right to periodically audit any SLBE firm with respect to the firm’s SLBE status. Such audits may include but are not necessarily limited to: Inspection of the firm’s office (i.e., field compliance), job site, contract-related records and documents, and interviewing of the firm’s employees, subcontractors, vendors, and customers as reasonably necessary to ensure that all eligibility standards are satisfied and that the integrity of the SLBE program is maintained.
(g) A firm whose SLBE eligibility has been revoked and whose reinstatement request has been denied by the SLMBE Office, or a SLBE applicant whose waiver and reconsideration requests have been denied by the SLMBE Office, may appeal the decision to the Chief Procurement Officer. A written notice of appeal must be received by the Chief Procurement Officer within 30 calendar days of the last action taken by the SLMBE Office regarding its petition. The Chief Procurement Officer shall respond within 60 calendar days of receipt of the notice of appeal. The decision shall be issued by the Chief Procurement Officer and shall constitute the final decision of the Commission. (REG-PROC-SD-2017-005 § IV)