(a) (1) In this section the following words have the meanings indicated.
(2) “Preference” includes:
(i) a percentage preference;
(ii) an employee residency requirement; or
(iii) any other provision that favors a resident over a nonresident.
(3) “Resident bidder” means a bidder whose principal office is located in the State.
(4) “Resident offeror” means an offeror whose principal office is located in the State.
(5) (i) “Services” has the meaning stated in § 11–101(t)(1) and (2) of this article.
(ii) Notwithstanding § 11–101(t)(3) of this article, “services” includes construction related services and energy performance contract services.
(b) When a unit uses competitive sealed bidding to award a procurement contract, the unit may give a preference to the resident bidder who submits the lowest responsive bid from a resident bidder if:
(1) the resident bidder is a responsible bidder;
(2) a responsible bidder whose principal office or operation is in another state submits the lowest responsive bid;
(3) the state in which the nonresident bidder’s principal office is located or the state in which the nonresident bidder has its principal operation through which it would provide supplies or services gives a preference to its residents; and
(4) a preference does not conflict with a federal law or grant affecting the procurement contract.
(c) When a unit uses competitive sealed proposals to award a procurement contract, the unit may give a preference to resident offerors if:
(1) a responsible offeror whose principal office or operation is in another state submits a proposal;
(2) the state in which the nonresident offeror’s principal office is located or the state in which the nonresident offeror has its principal operation through which it would provide the subject of the contract gives a preference to its residents; and
(3) the preference does not conflict with a federal law or grant affecting the procurement contract.
(d) (1) At the request of the unit, a nonresident bidder or nonresident offeror submitting a proposal for a State project shall provide a copy of the current statute, resolution, policy, procedure, or executive order that pertains to the treatment of nonresident bidders or nonresident offerors by:
(i) the state in which the nonresident bidder’s or nonresident offeror’s principal office is located; and
(ii) the state in which the nonresident bidder or nonresident offeror has its principal operation through which it would provide supplies or services.
(2) A unit may give a preference under this section that is identical to any of the following preferences, or any combination of them:
(i) the preference that the state in which the nonresident bidder’s or nonresident offeror’s principal office is located gives to its residents; or
(ii) the preference that the state in which the nonresident bidder or nonresident offeror has its principal operation through which it would provide supplies or services gives to its residents.
Structure Maryland Statutes
Division II - General Procurement Law
Subtitle 4 - Miscellaneous Purchasing Preferences
Section 14-401 - Reciprocal Preference for Resident Bidders
Section 14-401.1 - Reciprocal Preference for Resident Firms
Section 14-402 - Paper Procurement by Department of General Services
Section 14-403 - Low Noise Supplies
Section 14-404 - Coal in Heating Systems
Section 14-405 - Percentage Price Preference for Environmentally Preferable Products or Services
Section 14-406 - Preference for Mercury Free Products and Equipment
Section 14-407 - Percentage Price Preference for Locally Grown Foods
Section 14-408 - State Fleet Biodiesel Fuel or Other Approved Biofuel Usage
Section 14-409 - Use of Compost in Public Lands of the State
Section 14-410 - Maryland Green Purchasing Committee
Section 14-411 - Employee Uniforms and Equipment -- Place of Manufacture
Section 14-412 - Energy Efficient Outdoor Lighting Fixtures in State Buildings
Section 14-413 - Disclosure of Conflict Minerals Originated in Democratic Republic of Congo Required
Section 14-414 - Purchasing Electronic Products
Section 14-415 - Recycling Electronic Products