reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-411 - Employee Uniforms and Equipment -- Place of Manufacture

(a)    In this section, “public employer” means:
(1)    a unit;
(2)    a county;
(3)    a municipality in the State;
(4)    a school district in the State; or
(5)    any special district in the State.
(b)    (1)    Except as provided in paragraph (2) of this section, a public employer may not knowingly buy, furnish, or require an employee to buy or acquire for use while on duty any of the following items unless the item is manufactured in the United States:
(i)    a uniform or any other item of apparel, the selection of which is not in the employee’s discretion, except for the proper size; or
(ii)    safety equipment and protective accessories.
(2)    A public employer may buy, furnish, or require an employee to purchase or acquire an item listed in paragraph (1) of this subsection that is manufactured outside of the United States, if:
(i)    the item or a similar item is not manufactured or available for purchase in the United States;
(ii)    the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;
(iii)    the price of the item or a similar item manufactured in the United States exceeds the price of a similar, available item that is not manufactured in the United States by an unreasonable amount; or
(iv)    the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States.
(3)    The Board shall adopt regulations defining the following terms for the purposes of this section:
(i)    “reasonably available”;
(ii)    “unreasonable amount”; and
(iii)    “substantially less”.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-412 - Energy Efficient Outdoor Lighting Fixtures in State Buildings

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Lamp” means the component of a luminaire that produces the light.
(3)    “Lumen” means a unit of measurement of luminous flux.
(4)    “Luminaire” means the complete lighting unit, including the lamp or other component that produces light and the assembly that holds the lamp, including an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.
(5)    “Restricted uplight luminaire” means a luminaire that:
(i)    except for a 0.5% maximum incidental uplight from reflection off mounting hardware, allows no direct light emission above a horizontal plane through the luminaire’s lowest light–emitting part; and
(ii)    emits no more than 10% of the total direct light emission at or above a vertical angle of 80 degrees.
(6)    “State building” means a building owned or leased by the State or a unit of the State.
(b)    This section does not apply to a luminaire:
(1)    located on the grounds of a correctional facility;
(2)    required by federal regulation;
(3)    required for storm operation activities performed by the Department of Transportation;
(4)    required to illuminate the State flag or the flag of the United States;
(5)    used for sign illumination; or
(6)    in a lighting plan where less than 25% of the luminaires are to be replaced.
(c)    State funds may not be used to install or replace a permanent outdoor luminaire for lighting on the grounds of any State building or facility unless:
(1)    the luminaire is designed to maximize energy conservation and to minimize light pollution, glare, and light trespass;
(2)    the illumination produced by the luminaire is the minimum illumination necessary for the intended purpose of the lighting; and
(3)    for a luminaire with an output of more than 1,800 lumens, the luminaire is a restricted uplight luminaire.
(d)    (1)    The Board of Public Works or the Board’s designee may waive the requirement of subsection (c)(3) of this section if, after a request for a waiver has been made, the Board of Public Works or the Board’s designee determines that the waiver is necessary for the lighting application.
(2)    The Board of Public Works shall establish the requirements for a waiver request under paragraph (1) of this subsection, including:
(i)    a description of the lighting plan;
(ii)    a description of the efforts made to comply with the requirements of this section; and
(iii)    the reason a waiver is necessary.
(3)    In reviewing a waiver request, the Board of Public Works or the Board’s designee shall consider design safety, costs, and any other factors the Board or the Board’s designee determines are appropriate.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-413 - Disclosure of Conflict Minerals Originated in Democratic Republic of Congo Required

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Conflict mineral” means a mineral or mineral derivative determined under federal law to be financing human conflict.
(ii)    “Conflict mineral” includes columbite–tantalite (coltan), cassiterite, gold, wolframrite, or derivatives of these minerals.
(3)    “Noncompliant person” means a person:
(i)    that is required to disclose under federal law information relating to conflict minerals that originated in the Democratic Republic of the Congo or its neighboring countries; and
(ii)    for which the disclosure is not filed, is considered under federal law to be an unreliable determination, or contains false information.
(b)    A unit may not knowingly procure supplies or services from a noncompliant person.
(c)    In any solicitation for supplies or services, a unit shall provide notice of the requirements of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-414 - Purchasing Electronic Products

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Electronic product” means a product covered by EPEAT or another comprehensive environmental rating system approved by the Department of Information Technology.
(3)    “EPEAT” means the Electronic Product Environmental Assessment Tool.
(b)    When purchasing an electronic product to be used by the State, a State unit shall purchase an electronic product that:
(1)    is listed and rated silver or gold on the EPEAT registry; or
(2)    meets nationally recognized and consensus–based standards established by a comprehensive environmental rating system approved by the Department of Information Technology.
(c)    If a unit requests a waiver from the requirement in subsection (b) of this section, the Secretary of Information Technology, or the Secretary’s designee, may waive the requirement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-415 - Recycling Electronic Products

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Certified e–Stewards recycler” means a recycler of electronic products that has successfully completed the e–Stewards certification program created by the Basel Action Network.
(3)    “Electronic product” means a product recycled by:
(i)    a certified e–Stewards recycler;
(ii)    a R2 certified recycler; or
(iii)    a recycler of electronic products that meets nationally recognized and consensus–based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.
(4)    “R2 certified recycler” means a recycler of electronic products that is certified in the R2 Practices Standards that are maintained by R2 Solutions.
(b)    On or after October 1, 2014, when awarding a procurement contract for services to recycle electronic products, a State unit shall award the contract to a recycler of electronic products that:
(1)    is R2 or e–Stewards certified; or
(2)    meets nationally recognized and consensus–based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-416 - Purchase of American Manufactured Goods

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “American manufactured goods” means goods that:
(i)    are manufactured in the United States; or
(ii)    are assembled in the United States.
(3)    (i)    “Emergency life safety and property safety goods” means any goods when provided for installation in, as part of, or as an addition to a system designed to:
1.    prevent, respond to, alert regarding, suppress, control, or extinguish an emergency or the cause of an emergency that threatens life or property; or
2.    assist in evacuation in the event of an emergency that threatens life or property.
(ii)    “Emergency life safety and property safety goods” includes:
1.    systems or items for or relating to:
A.    fire alarms;
B.    fire sprinklers;
C.    fire suppression;
D.    fire extinguishing;
E.    security;
F.    gas detection;
G.    intrusion detection;
H.    access control;
I.    video surveillance and recording;
J.    mass notification;
K.    public address;
L.    emergency lighting;
M.    patient wandering;
N.    infant tagging; and
O.    nurse call; and
2.    information technologies and telecommunications products and technologies that are used for the purposes listed in subparagraph (i) of this paragraph.
(4)    “Public body” means:
(i)    a unit;
(ii)    a county;
(iii)    a municipality in the State;
(iv)    a school district in the State; or
(v)    a special district in the State.
(b)    Except as provided in subsection (c) of this section, a public body shall require a contractor or subcontractor to use or supply American manufactured goods in the performance of a contract for:
(1)    constructing or maintaining a public work; or
(2)    buying or manufacturing machinery or equipment that is to be installed at a public work site.
(c)    This section does not apply:
(1)    if the head of a public body determines that:
(i)    the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by an unreasonable amount;
(ii)    the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;
(iii)    the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or
(iv)    the procurement of a manufactured good would be inconsistent with the public interest; or
(2)    to emergency life safety and property safety goods.
(d)    The Board of Public Works shall adopt regulations to define the following terms for the purposes of this section:
(1)    “reasonably available”;
(2)    “unreasonable amount”; and
(3)    “substantially less”.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-417 - Prohibition on Use of State Funds for Invasive Plant Species -- Education or Research Exemptions

(a)    (1)    Except as provided in paragraph (2) of this subsection, on or after July 1, 2022, State funds may not be used to purchase or plant an invasive plant species for an outdoor project.
(2)    The prohibition under paragraph (1) of this subsection does not apply if the plant species is commonly used for agricultural or horticultural purposes and is being maintained for the purposes of education or research.
(b)    Each entity that receives State funding and each State agency shall prioritize, whenever possible, the use of plants native to the State for every planting project.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 5 - Small Business Reserve Program › Section 14-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Small business” means:
(1)    a certified minority business enterprise, as defined in § 14–301 of this title, that meets the criteria specified under item (3) of this subsection;
(2)    a veteran–owned small business enterprise, as defined in § 14–601 of this title, that meets the criteria specified under item (3) of this subsection; or
(3)    a business, other than a broker, that meets the following criteria:
(i)    the business is independently owned and operated;
(ii)    the business is not a subsidiary of another business;
(iii)    the business is not dominant in its field of operation; and
(iv)    1.    A.    the wholesale operations of the business did not employ more than 50 persons in its most recently completed 3 fiscal years;
B.    the retail operations of the business did not employ more than 25 persons in its most recently completed 3 fiscal years;
C.    the manufacturing operations of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;
D.    the service operations of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;
E.    the construction operations of the business did not employ more than 50 persons in its most recently completed 3 fiscal years; and
F.    the architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; or
2.    A.    the gross sales of the wholesale operations of the business did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;
B.    the gross sales of the retail operations of the business did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;
C.    the gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;
D.    the gross sales of the service operations of the business did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;
E.    the gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and
F.    the gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.
(c)    “Small business reserve” means those procurements that are limited to responses from small businesses under § 14–502(b) of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 5 - Small Business Reserve Program › Section 14-502 - Percentage of Small Business Procurement Contracts

(a)    Except as provided in subsection (d) of this section, this subtitle applies to all procurements by a unit.
(b)    This subsection does not apply to procurements subject to Subtitle 1 of this title.
(c)    To the extent practicable, a unit shall structure its procurement procedures to achieve a minimum of 15% of the unit’s total dollar value of goods, supplies, services, maintenance, construction, construction–related services, and architectural and engineering service contracts to be made directly to small businesses.
(d)    The total dollar value of procurements by a unit does not include the value of contracts to which this section does not apply because of a conflict with federal law.
(e)    A unit may apply toward the unit’s overall annual Small Business Reserve payment achievement only those payments resulting from a procurement that is designated a Small Business Reserve procurement.
(f)    (1)    The Special Secretary for the Office of Small, Minority, and Women Business Affairs, in consultation with the Attorney General, shall establish standards and guidelines for participation in the Small Business Reserve Program every 5 years.
(2)    The standards and guidelines established under paragraph (1) of this subsection shall allow for the registration of businesses for participation in the Small Business Reserve Program without the need to file any additional paperwork other than evidence that the business:
(i)    is a small business under this subtitle; and
(ii)    1.    is certified as a minority business enterprise under Subtitle 3 of this title;
2.    is certified under the federal Disadvantaged Business Enterprise Program; or
3.    is qualified as a small business under Subtitle 2 of this title.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 5 - Small Business Reserve Program › Section 14-502.1 - Small Business Reserve -- Procurements Included -- Exemptions

(a)    (1)    This section applies to a procurement by any unit or agency of the Executive Branch of State government for goods, supplies, services, maintenance, construction, construction–related services, architectural services, or engineering services.
(2)    This section does not apply to:
(i)    procurements made under Subtitle 1 of this title;
(ii)    procurements involving expenditures of federal dollars, to the extent that inclusion in the small business reserve program conflicts with federal law or grant provisions;
(iii)    procurements with a total dollar value under $50,000;
(iv)    the procurement of human, social, cultural, or educational services; or
(v)    term and master contracts exempted under subsection (c) of this section.
(b)    (1)    A procurement with a total dollar value between $50,000 and $500,000 shall be designated for the small business reserve.
(2)    Each unit or agency shall implement this subsection in a manner consistent with all applicable statutes, including the requirements of Subtitle 3 of this title.
(c)    (1)    A procurement may be exempt from designation under subsection (b) of this section if the Governor’s Office of Small, Minority, and Women Business Affairs certifies, concurrently with review of any waiver determinations for certified minority business enterprise participation contract goals, that it is not practicable to do so.
(2)    The Office of State Procurement in the Department of General Services shall assist the Governor’s Office of Small, Minority, and Women Business Affairs in establishing procedures and guidelines for the exemption of procurements under paragraph (1) of this subsection.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 5 - Small Business Reserve Program › Section 14-503 - Regulations; Compliance

(a)    The Governor’s Office of Small, Minority, and Women Business Affairs shall adopt regulations to establish procedures for compiling and maintaining a comprehensive bidder’s list of qualified small businesses that shall be posted on the Internet.
(b)    The Governor’s Office of Small, Minority, and Women Business Affairs shall:
(1)    establish guidelines for Small Business Reserve Program administration;
(2)    ensure agency compliance with the Small Business Reserve Program;
(3)    provide training and technical assistance to agency personnel; and
(4)    collect data regarding the State’s utilization of small business reserve vendors.
(c)    Each unit shall ensure compliance with the regulations set forth in subsection (a) of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 5 - Small Business Reserve Program › Section 14-504 - Eligible Procurements; Publication; Awards

(a)    Any procurement by a unit of goods, supplies, services, maintenance, construction, construction–related services, architectural services, and engineering services shall be eligible for designation for the small business reserve.
(b)    A solicitation for procurement that has been designated for a small business reserve shall be published in the same manner as required for an invitation for bids as set forth in § 13–103(c) of this article.
(c)    The procurement officer of a unit shall award a procurement contract designated for a small business reserve to the small business that submits a responsive bid that:
(1)    is the lowest bid price;
(2)    if the invitation for bids so provides, is the lowest evaluated bid price; or
(3)    is the bid or proposal most favorable to the State within the small business reserve.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 5 - Small Business Reserve Program › Section 14-505 - Reports

(a)    Within 60 days after the enactment of the budget bill by the General Assembly, each unit shall submit a report to the Governor’s Office of Small, Minority, and Women Business Affairs that complies with the reporting requirements set forth in COMAR 21.11.01.06.
(b)    (1)    Within 90 days after the end of each fiscal year, each unit shall submit a report to the Governor’s Office of Small, Minority, and Women Business Affairs that complies with the requirements of paragraph (2) of this subsection.
(2)    For the preceding fiscal year, the report shall:
(i)    state the total number and the dollar value of payments the unit made to small businesses under designated small business reserve contracts;
(ii)    state the total number and the dollar value of payments the unit made to small businesses under nondesignated small business reserve contracts, including purchase card procurements;
(iii)    state the total dollar value of payments the unit made under procurement contracts; and
(iv)    contain other such information as required by the Governor’s Office of Small, Minority, and Women Business Affairs.
(c)    On or before December 31 of each year, the Governor’s Office of Small, Minority, and Women Business Affairs shall submit to the Board of Public Works and, subject to § 2–1257 of the State Government Article, to the Legislative Policy Committee a report summarizing the information the Office receives under subsection (b) of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “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.
(c)    “Veteran–owned small business enterprise” means a for–profit business that:
(1)    meets the size standards adopted by the United States Small Business Administration in 13 C.F.R. 121.201 and any subsequent revision of that regulation; and
(2)    is at least 51% owned by one or more individuals who:
(i)    are veterans; and
(ii)    control the management and daily operations of the business.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-602 - Procurement Procedures

(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)    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.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-603 - Awarding of Contract

(a)    For procurements conducted by competitive sealed bidding, a unit shall award the contract to the responsible bidder that submits the responsive bid that:
(1)    (i)    has the lowest bid price;
(ii)    has the lowest evaluated bid price; or
(iii)    for procurements subject to § 11–202(3) of this article, is the bid most favorable to the State; and
(2)    meets or makes a good faith effort to meet any applicable overall percentage goal established under this subtitle.
(b)    For procurements conducted by competitive sealed proposals, a unit shall award the contract to the responsible offeror:
(1)    proposing the most advantageous offer; and
(2)    that meets or makes a good faith effort to meet any applicable overall percentage goal established under this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-604 - Regulations, Procedures and Report

The Governor’s Office of Small, Minority, and Women Business Affairs shall:
(1)    adopt regulations to implement this subtitle;
(2)    establish procedures for tracking and reporting participation of veteran–owned small business enterprises under this subtitle; and
(3)    on or before December 1 of each year, report to the Legislative Policy Committee on:
(i)    the number and dollar value of contracts awarded to veteran–owned small business enterprises under this subtitle, including the total dollar value of payments made to veteran–owned small business enterprises under existing contracts; and
(ii)    an evaluation of the effectiveness of the program under this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-604.1 - Advisory Committee on Veteran-Owned Small Business Enterprises -- Chair -- Members -- Duties

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Advisory Committee” means the Advisory Committee on Veteran–Owned Small Business Enterprises.
(3)    “Office” means the Office of Small, Minority, and Women Business Affairs.
(4)    “Special Secretary” means the Special Secretary for the Office.
(b)    The Office shall establish an Advisory Committee on Veteran–Owned Small Business Enterprises.
(c)    The Special Secretary shall be Chair of the Advisory Committee and the Office shall provide staff support.
(d)    The Advisory Committee consists of individuals that the Special Secretary considers will assist the Office in studying and developing policies to further the purposes of this subtitle, including representatives from:
(1)    the Department of Commerce;
(2)    the Department of General Services;
(3)    the Governor’s Office of Performance Improvement;
(4)    the Department of Veterans Affairs; and
(5)    certified veteran–owned small business enterprises.
(e)    The Advisory Committee shall meet at least two times each year.
(f)    The Advisory Committee shall:
(1)    review the annual report and evaluation submitted to the Legislative Policy Committee in accordance with § 14–604 of this subtitle to:
(i)    identify any areas of the program that need improvement; and
(ii)    recommend possible actions that may achieve the necessary improvements; and
(2)    ensure that a continuous oversight and improvement structure exists for the program.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-605 - Prohibited Acts; Penalties; Prohibition From Further Contracting With State; Report

(a)    A person may not:
(1)    knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this article;
(2)    knowingly and with intent to defraud, fraudulently represent participation of a veteran–owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;
(3)    willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;
(4)    willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;
(5)    willfully and knowingly fail to file any declaration or notice with the unit that is required by this subtitle; or
(6)    establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of items (1) through (5) of this subsection.
(b)    (1)    A person who violates any of the provisions of subsection (a) of this section shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
(2)    In addition to the penalties under paragraph (1) of this subsection, a person who violates any of the provisions of subsection (a) of this section shall be:
(i)    for the first offense, liable for a civil penalty of not less than $10,000 and not exceeding $30,000; and
(ii)    for a subsequent offense, liable for a civil penalty of not less than $30,000 and not exceeding $50,000.
(3)    A person who violates any of the provisions of subsection (a) of this section shall pay all costs and attorney’s fees incurred by the plaintiff in a civil action brought under this subtitle.
(c)    The Board shall prohibit a business or person who fails to satisfy the penalties, costs, and attorney’s fees imposed under subsection (b) of this section from further contracting with the State until the penalties are satisfied.
(d)    (1)    A unit shall report all alleged violations of this section to the Board.
(2)    The Board subsequently shall report all alleged violations of this section to the Office of the Attorney General, which shall determine whether to bring a civil action against a person or business for a violation of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 6 - Veteran-Owned Small Business Enterprise Participation › Section 14-606 - Misrepresentation -- Penalties

In addition to the penalties under § 14–605(b) of this subtitle, a person that willfully misrepresents a business as a veteran–owned small business enterprise for purposes of obtaining or retaining a contract or subcontract may be subject to:
(1)    suspension or debarment under Title 16 of this article; or
(2)    civil penalties under the Maryland False Claims Act under Title 8 of the General Provisions Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Certified local farm enterprise” means a local farm enterprise that:
(1)    meets the nutrient management requirements established under Title 8, Subtitle 8 of the Agriculture Article; and
(2)    is certified by the Department in accordance with regulations adopted under this subtitle.
(c)    “Department” means the Department of Agriculture.
(d)    “Office” means the Office for the Certified Local Farm Enterprise Program.
(e)    “Program” means the Certified Local Farm Enterprise Program.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-702 - Office for the Certified Local Farm and Fish Program

(a)    (1)    There is an Office for the Certified Local Farm Enterprise Program in the Department.
(2)    The purpose of the Office is to administer the Program and facilitate the participation of certified local farm enterprises in the Program.
(b)    (1)    There is a Certified Local Farm Enterprise Program in the Office.
(2)    The purpose of the Program is to encourage each unit to try to achieve an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts for food from certified local farm enterprises.
(c)    The Department shall create two positions to provide staff for the Office.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-704 - Implementing Regulations -- Provisions Included

(a)    In accordance with Title 10, Subtitle 1 of the State Government Article, the Office shall adopt regulations to implement this subtitle.
(b)    The regulations shall establish procedures to be followed by units, certified local farm enterprises, and successful bidders or offerors to maximize notice to, and the opportunity to participate in the food procurement process by, a broad range of local farm enterprises.
(c)    The regulations shall include provisions:
(1)    designating the Office to certify and decertify local farm enterprises for all units through a single process, including provisions that promote and facilitate the submission of some or all of the certification application through an electronic process;
(2)    specifying that a unit may not allow a local farm enterprise to participate as if it were a certified local farm enterprise if the local farm enterprise’s certification is pending;
(3)    consistent with this subtitle, relating to any circumstances under which the Office may waive obligations of a unit relating to certified local farm enterprise participation goals; and
(4)    that the Office considers necessary or appropriate to:
(i)    encourage participation by local farm enterprises; and
(ii)    protect the integrity of the procurement process.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-705 - Subpoenas by Office -- Fraud Hotline

(a)    In the same manner and with the same fees as provided by law in civil cases, in a matter regarding the decertification of a certified local farm enterprise, the Office may:
(1)    subpoena witnesses;
(2)    administer oaths; and
(3)    compel the production of records, books, papers, and other documents.
(b)    If a person fails to comply with a subpoena issued under subsection (a) of this section, or fails to produce documents or other evidence, on petition of the Office, a court of competent jurisdiction may pass an order directing compliance with the subpoena or compelling the production of documents or other evidence.
(c)    The Office shall make available a fraud hotline for reporting violations of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-706 - Fiscal Year Report -- Items Included

(a)    Within 90 days after the end of the fiscal year, each unit shall report to the Office.
(b)    A report under this section for the preceding fiscal year shall:
(1)    state the total number and value of procurement contracts for food between the unit and certified local farm enterprises;
(2)    indicate the percentage that those procurement contracts for food represent of the total number and value of procurement contracts for food awarded by a unit;
(3)    state the total number and the names of certified local farm enterprises that participated in procurement contracts for food awarded by a unit;
(4)    for each certified local farm enterprise included in the report under item (3) of this subsection, list all procurement contracts for food awarded by a unit to the certified local farm enterprise, including a description of the contract; and
(5)    contain other such information as required by the Office, subject to approval by the Board.
(c)    A report under this section shall be:
(1)    in a form prescribed by the Office; and
(2)    approved by the Board.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-707 - Directory Maintained by Department -- Information Included

(a)    (1)    The Department shall develop and maintain a directory of all certified local farm enterprises.
(2)    The directory shall be accessible to the public on the Department’s website.
(b)    The Department shall include the following information for each certified local farm enterprise included in the directory:
(1)    all contract information available to the Department for the certified local farm enterprise;
(2)    the certification number of the certified local farm enterprise; and
(3)    any other information the Department considers necessary or appropriate to encourage participation in the procurement process by local farm enterprises.
(c)    The Department shall:
(1)    update the directory at least once a year; and
(2)    identify as recently certified in the directory each local farm enterprise that has obtained certification during the calendar year.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 7 - Certified Local Farm and Fish Program › Section 14-708 - Certified Local Farm and Fish Food Aggregation Grant Fund

(a)    There is a Certified Local Farm Enterprise Food Aggregation Grant Fund.
(b)    The purpose of the Fund is to support the creation of food aggregation, storage, processing, and distribution sites across the State through grants and near–equity investments.
(c)    The Maryland Agricultural and Resource–Based Industry Development Corporation shall administer the Fund.
(d)    The Fund consists of:
(1)    money appropriated in the State budget to the Fund;
(2)    principal that is repaid from near–equity investments; and
(3)    any other money from any other source accepted for the benefit of the Fund.
(e)    The Fund may be used only for establishing and operating food aggregation, storage, processing, and distribution sites across the State through grants and near–equity investments.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-102 - Required Information

A contractor who submits an invoice for a procurement contract shall include in the invoice:
(1)    the contractor’s federal employer’s identification number or Social Security number;
(2)    the procurement contract or purchase order number or another adequate description of the procurement contract; and
(3)    any documentation required by regulation or the procurement contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-103 - Payment by State

It is the policy of the State to make a payment under a procurement contract within 30 days:
(1)    after the day on which the payment becomes due under the procurement contract; or
(2)    if later, after the day on which the unit receives an invoice.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-104 - Interest on Late Payments

(a)    Except as provided in § 15–105 of this subtitle, interest shall accrue at the rate of 9% per annum on any amount that:
(1)    is due and payable by law and under the written procurement contract; and
(2)    remains unpaid more than 37 days after a unit receives an invoice.
(b)    Interest shall accrue beginning on the 31st day after:
(1)    the day on which payment becomes due under a procurement contract; or
(2)    if later, the day on which the unit receives an invoice.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-105 - Interest Not Payable

A unit is not liable under § 15-104 of this subtitle for interest:
(1)    unless within 30 days after the date on the State’s check for the amount on which the interest accrued, the contractor submits an invoice for the interest;
(2)    if a contract claim has been filed under Subtitle 2 of this title;
(3)    accruing more than 1 year after the 31st day after the unit receives an invoice; or
(4)    on an amount that represents unpaid interest.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-108 - Retainage

(a)    This section does not apply to any procurement contract funded with tax-exempt financing.
(b)    (1)    Subject to the requirements of this section, a contractor under a procurement contract that a unit awards for construction is entitled to have retainage under the procurement contract placed in an escrow account if the contractor:
(i)    elects that procedure in the procurement contract in the space provided for that election; and
(ii)    submits to the unit an escrow agreement that meets the requirements of subsection (c) of this section.
(2)    The procurement contract shall identify the escrow agent.
(c)    The escrow agreement shall:
(1)    be on a form that the unit provides;
(2)    include the complete address of both the escrow agent and the surety;
(3)    authorize the unit to pay retainage to the escrow agent; and
(4)    be signed by:
(i)    the contractor;
(ii)    the surety for the contractor; and
(iii)    the escrow agent.
(d)    On compliance with the requirements of subsection (b) of this section, the unit shall pay the retainage to the escrow agent unless:
(1)    federal money is involved and application of this section would jeopardize timely recovery of that federal money; or
(2)    retainage is withheld for:
(i)    lack of progress on the part of the contractor; or
(ii)    other violations by the contractor.
(e)    In accordance with the escrow agreement, a contractor may require an escrow agent:
(1)    to invest the retainage placed in the escrow account; and
(2)    to the extent the contractor is entitled to retainage under subsection (f)(2)(ii) of this section, to pay the earnings on the investment to the contractor.
(f)    (1)    Retainage may be released to the contractor only as directed by the unit.
(2)    At the time of final payment, the unit shall direct the escrow agent to settle the escrow account by distributing money in the escrow account in the following order:
(i)    to the unit for any claim it may have against the contractor under the procurement contract;
(ii)    unless waived by the Board, to the Comptroller for any claim exceeding $50 against the contractor by the State, a unit, or a State controlled governmental entity; and
(iii)    to the contractor.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-109 - Inspections

(a)    At reasonable times an inspection may be conducted of a plant, place of business, or job site of:
(1)    a bidder or offeror seeking a procurement contract;
(2)    any contractor under a procurement contract;
(3)    a subcontractor under a procurement contract; or
(4)    a prospective subcontractor of:
(i)    a bidder or offeror seeking a procurement contract; or
(ii)    a contractor under a procurement contract.
(b)    An inspection under this section may be conducted by:
(1)    the Department of Legislative Services;
(2)    the unit engaged in procurement; or
(3)    as authorized by law, any other unit.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 1 - Procurement Contract Administration › Section 15-110 - Audits

(a)    The following persons are subject to an audit of books, accounts, or records:
(1)    before the expiration of the period of retention under subsection (c) of this section, a person who submits cost and price information under § 13-220 of this article, if the books, accounts, or records being audited are reasonably connected with the cost and price information;
(2)    a contractor or subcontractor under a procurement contract if, from an audit of a cost-type contract, the unit has reason to believe that costs have been inappropriately assigned to the cost-type contract from a fixed-price contract; and
(3)    a contractor or subcontractor under a procurement contract that:
(i)    was awarded by a method other than competitive sealed bids; and
(ii)    is not a firm fixed-price procurement contract.
(b)    An audit under this section may be conducted by:
(1)    the Department of Legislative Services;
(2)    a unit engaged in procurement; or
(3)    as authorized by law, any other unit.
(c)    A person subject to an audit under subsection (a) of this section shall keep books, accounts, and records for:
(1)    at least 3 years after the day on which the person receives final payment under a procurement contract or a subcontract; or
(2)    if longer, the period required under the procurement contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part I - "Appeals Board" Defined; Scope of Subtitle › Section 15-202 - Scope of Subtitle

Except to the extent authorized by regulation by the Board, this subtitle does not apply to a protest concerning any act or omission by a procurement agency under Title 14, Subtitle 6 of this article.