(a) (1) A unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve or exceed an overall percentage goal of the unit's total dollar value of procurement contracts to be made directly or indirectly with veteran-owned small business enterprises. (2) The Office of Small, Minority, and Women Business Affairs shall adopt regulations that establish the overall percentage goal. (b) Solicitation documents shall state the expected percentage of veteran- owned small business enterprise participation based, in part, on: (1) the potential contracting opportunities available in the procurement contract, including both prime contracting and subcontracting opportunities, as determined through analysis of the scope of the work presented in the solicitation documents; and (2) the availability of veteran-owned small business enterprises to respond competitively to the potential contracting opportunities. (c) (1) (i) This paragraph applies to a bidder or offeror after submission of a bid or proposal and before the execution of a contract with an expected degree of veteran-owned small business enterprise participation. (ii) 1. If a unit's procurement officer determines that a deficiency exists in the veteran-owned small business enterprise participation schedule, the procurement officer shall notify the bidder or offeror of the deficiency and require the bidder or offeror to submit an amended veteran-owned small business enterprise participation schedule within a reasonable time period. 2. A determination under subsubparagraph 1 of this subparagraph shall be made in consultation with the unit's veteran-owned small business enterprise liaison. 3. As directed by the notification made under subsubparagraph 1 of this subparagraph, the bidder or offeror shall submit an amended veteran-owned small business enterprise participation schedule correcting the deficiency identified. (2) (i) Subject to subparagraph (ii) of this paragraph, a unit may consider modifying the veteran-owned small business participation goal on a procurement contract: 1. at any time prior to contract execution; or 2. after contract execution, when determined to be in the best interest of the State. (ii) Before a unit may consider modifying a veteran-owned small business participation goal under subparagraph (i) of this paragraph, the unit shall: 1. make a determination that there has been a change in the factors established under subsection (b) of this section; 2. use the factors established under subsection (b) of this section to determine the percentage modification to the veteran-owned small business participation goal; and 3. obtain the agreement of the contractor, including any reasonable pricing considerations. (3) The veteran-owned small business enterprise participation schedule, including any amendment, shall be attached to and made a part of the executed contract. (4) A veteran-owned small business enterprise participation schedule may be amended to modify the veteran-owned small business enterprise participation after the date of contract execution only if: (i) it is in the best interest of the State; (ii) it is approved by the head of the unit; and (iii) the contract is amended. (d) The provisions of this subtitle do not apply to a unit's procurement procedures to the extent that any unit determines that those provisions are in conflict with an applicable federal program.
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