reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part III - Contract Formation › Section 13-221 - Disclosures to Secretary of State

(a)    The provisions of this section are broadly applicable and apply to all contracts, leases, or other agreements entered into by the State.
(b)    (1)    In this section, “beneficial ownership” means:
(i)    any ownership interest of 5% or more in a business;
(ii)    any ownership interest of 5% or more in 1 or more entities in a chain of parent and subsidiary entities, any 1 of which participates in at least 5% of the capital or profits of a business; or
(iii)    possession of an interest that exists under an agreement, contract, relationship, understanding, or other arrangement and entitles a person to benefits substantially equivalent to an ownership interest of 5% or more of a business.
(2)    In this section, unless there are special circumstances, an individual is deemed to hold an ownership interest that is held by the individual’s spouse, the individual’s child, or other relative of the individual who lives in the individual’s home.
(c)    (1)    If, during a calendar year, a business enters into contracts, leases, or other agreements, with the State or its units or both, under which the business is to receive from the State or its units or both a total of $200,000 or more, the business shall file with the Secretary of State a list that contains the name and address of:
(i)    any resident agent of the business;
(ii)    each officer of the business; and
(iii)    if known, each person who has beneficial ownership of the business.
(2)    The list shall be filed within 30 days of the date when the total value of the contracts, leases, or other agreements entered into during the calendar year reaches $200,000.
(3)    If a person who has beneficial ownership is unknown to the business, it is sufficient for the business to disclose the legal ownership or the identity of the nominee who holds title for the unknown person.
(d)    A business or an officer of a business who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part III - Contract Formation › Section 13-222 - Payment of Taxes, Unemployment Insurance Contributions, Reimbursement Payments, and Interest; Sales and Use Tax Licenses

(a)    For a State procurement contract for $10,000 or more, except as provided in subsection (c) of this section, at the time a bid or proposal for any State procurement contract is submitted, the bidder or offeror shall certify to the procurement officer that:
(1)    the bidder or offeror has paid all taxes, unemployment insurance contributions, reimbursement payments, and interest not barred by limitations and payable to the Comptroller, the Department of Assessments and Taxation, or the Maryland Department of Labor or has provided for payment in a manner satisfactory to the unit responsible for collection; and
(2)    if the bidder or offeror is a vendor of tangible personal property, the bidder or offeror possesses a valid sales and use tax license under Title 11, Subtitle 7 of the Tax – General Article.
(b)    Before a unit awards any procurement contract for $100,000 or more, the unit shall verify through the Office of the Comptroller:
(1)    that all taxes, unemployment insurance contributions, reimbursement payments, and interest not barred by limitations and payable by the contractor to the Comptroller, the Department of Assessments and Taxation, and the Secretary of Labor are paid or that payment has been provided for in a manner satisfactory to the unit responsible for collection; and
(2)    if the contractor is a vendor of tangible personal property, that the contractor possesses a valid sales and use tax license under Title 11, Subtitle 7 of the Tax – General Article.
(c)    The Board may waive the requirements of this section if the Board determines that:
(1)    the procurement is essential or in the best interests of the State; and
(2)    there is no other known source for the procurement at a reasonable cost.
(d)    In any solicitation, a unit shall provide notice of the requirements of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part III - Contract Formation › Section 13-223 - Contingent Fees

(a)    Each procurement contract shall include the following clause:
“The contractor, architect, or engineer warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the contractor, architect, or engineer, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide salesperson, or commercial selling agency, any fee or other consideration contingent on the making of this agreement.”
(b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, unless a person is a bona fide employee, bona fide salesperson, or commercial selling agency working for the contractor, the person may not offer or agree to solicit or secure a procurement contract under this subtitle if the person’s fee is contingent on, or results from, the making of the procurement contract.
(ii)    A regulated lobbyist, who is described in § 5–702(a)(1), (2), or (3) of the General Provisions Article, may not offer or agree to solicit or secure a procurement contract under this subtitle if the lobbyist’s fee is contingent on, or results from, the making of the procurement contract.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, a contractor or a person who provides architectural or engineering services may not offer to pay a fee or other consideration that is contingent on the making of a procurement contract under this article.
(ii)    This paragraph does not apply to a payment to a bona fide employee, bona fide salesperson, or commercial selling agency working for the contractor or person providing architectural or engineering services.
(3)    An employee of a unit may not solicit or secure or offer to solicit or secure a procurement contract under this article between the unit and any other person for which the employee is paid or is to be paid a fee or other consideration that is contingent on the making of the procurement contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part III - Contract Formation › Section 13-225 - Retainage

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Payment security” has the meaning stated in § 17-101 of this article.
(3)    “Performance security” has the meaning stated in § 17-101 of this article.
(b)    (1)    If a contractor has furnished 100% payment security and 100% performance security in accordance with Title 17, Subtitle 1 of this article under a State procurement contract for construction, the percentage specified in the contract for retainage may not exceed 5% of the total amount.
(2)    In addition to retainage, a primary procurement unit and the Maryland Transportation Authority may withhold from payments otherwise due a contractor any amount that the unit reasonably believes necessary to protect the State’s interest.
(3)    Retainage withheld by a primary procurement unit and the Maryland Transportation Authority may be deposited in an interest-bearing escrow account in accordance with § 15-108 of this article.
(c)    (1)    A contractor may not retain a percentage of payments due a subcontractor that exceeds the percentage of payments retained by the primary procurement unit or the Maryland Transportation Authority.
(2)    Paragraph (1) of this subsection may not be construed to prohibit a contractor from withholding any amount in addition to retainage if the contractor determines that a subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.
(d)    (1)    A subcontractor may not retain a percentage of payments due a lower tier subcontractor that exceeds the percentage of payments retained from the subcontractor.
(2)    Paragraph (1) of this subsection may not be construed to prohibit a subcontractor from withholding any amount in addition to retainage if the subcontractor determines that a lower tier subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.
(e)    If retainage has been placed in escrow under § 15-108 of this article, each payment of retainage shall include a pro rata portion of interest earned.
(f)    This section may not be construed to limit the application of the provisions of Title 17, Subtitle 1 of this article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part III - Contract Formation › Section 13-226 - Electronic Transactions

(a)    Unless otherwise prohibited by law, a primary procurement unit may conduct procurement, including the solicitation of bids or proposals, evaluation, award, execution, and administration of a contract, by electronic means as provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law Article.
(b)    Bidding or submitting a proposal on a procurement contract by electronic means shall constitute consent by the bidder or proposer to conduct by electronic means all elements of the procurement of that contract which the unit agrees to conduct by electronic means.
(c)    (1)    (i)    Except as provided in paragraph (2) of this subsection, a unit utilizing electronic means to conduct procurement or a private contractor furnishing to the State electronic means for conducting procurement may charge a reasonable fee, on approval by the Chief Procurement Officer, to the bidder, proposer, or each contract awardee for the use of the electronic means.
(ii)    Any fees collected under subparagraph (i) of this paragraph shall be deposited in the Operations Revenue Fund established under § 13–102.1(c) of this subtitle.
(2)    Unless approved by the Board of Public Works, a fee may not be charged under this subsection.
(d)    The terms and conditions of a procurement conducted under this section shall comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part III - Contract Formation › Section 13-227 - Subcontractor Equal Access to Bonding Act of 2013

(a)    If a prime contractor requires a subcontractor to provide a bid, performance, or payment bond on a procurement contract for services, supplies, or construction related services with the State, the prime contractor may not require bid, performance, or payment bonding from the subcontractor that is more stringent than the bonding requirements in §§ 13–207 and 13–216 of this subtitle and § 17–104 of this article.
(b)    A bid, performance, or payment bond that is provided by a subcontractor under subsection (a) of this section shall be accepted by the prime contractor if the bond would be accepted by the State and provided by:
(1)    a surety company authorized to do business in the State; or
(2)    the Maryland Small Business Development Financing Authority established in Title 5, Subtitle 5 of the Economic Development Article.
(c)    In a solicitation or pre–bid conference for a procurement contract for services, supplies, or construction related services with the State, the procurement agency shall provide notice to all bidders that bid security shall be:
(1)    a bond provided by a surety company authorized to do business in this State;
(2)    a bond provided by an individual surety that meets the requirements of §§ 13–207 and 13–216 of this subtitle and § 17–104 of this article;
(3)    cash; or
(4)    another form of security:
(i)    authorized by federal or State regulation; or
(ii)    that is satisfactory to the unit awarding the contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 1 - Preferences to Benefit Disadvantaged Individuals › Section 14-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Community service provider” means an entity that:
(1)    is organized under the laws of the United States or this State;
(2)    is accredited by the Division of Rehabilitation Services of the State Department of Education for participation in the Employment Works Program;
(3)    is operated in the interest of individuals who have a mental or physical disability, including blindness, that:
(i)    constitutes a substantial barrier to employment; and
(ii)    prevents the individual from engaging in competitive employment; and
(4)    does not inure net income wholly or partly to the benefit of any shareholder or other individual.
(c)    “Individual with disability owned business” means a business:
(1)    that is organized under the laws of the United States or the State;
(2)    that is majority owned by an individual or individuals determined by the Division of Rehabilitation Services in the State Department of Education to have a disability, as defined by Title 21, Subtitle 3 of the Education Article;
(3)    whose majority owner or owners are directly and significantly engaged in the daily operation of the business;
(4)    whose workforce includes individuals with disabilities comprising a percentage of the workforce that is at or above the minimum required under the policies or guidelines established by the Pricing and Selection Committee for the Employment Works Program;
(5)    whose total gross revenues for contracts assigned under the Program at the time of assignment do not exceed the maximum allowed under policies or guidelines established by the Pricing and Selection Committee for the Employment Works Program; and
(6)    that continues to meet all other eligibility criteria established by the Pricing and Selection Committee for the Employment Works Program.
(d)    “Preferred provider” means a provider of supplies or services given preference in § 14–103 of this subtitle.
(e)    “State aided or controlled entity” means any public or quasi–public institution that receives aid from the State or that is owned, controlled, or managed by the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 1 - Preferences to Benefit Disadvantaged Individuals › Section 14-102 - Compliance With Subtitle

(a)    Notwithstanding any other provision of this Division II, a State or State aided or controlled entity shall buy supplies and services in accordance with § 14–103 of this subtitle.
(b)    The procurement of services from the Employment Works Program or an Employment Works Program vendor is not subject to the cost savings requirements of § 13–405 of the State Personnel and Pensions Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 1 - Preferences to Benefit Disadvantaged Individuals › Section 14-103 - Priority of Preferences

(a)    A State or State aided or controlled entity shall buy supplies and services from:
(1)    Maryland Correctional Enterprises, as provided in Title 3, Subtitle 5 of the Correctional Services Article, if Maryland Correctional Enterprises provides the supplies or services;
(2)    Blind Industries and Services of Maryland, if:
(i)    Blind Industries and Services of Maryland provides the supplies or services; and
(ii)    Maryland Correctional Enterprises does not provide the supplies or services; or
(3)    the Employment Works Program established under § 14–108 of this subtitle, if:
(i)    a community service provider or an individual with disability owned business provides the supplies or services;
(ii)    neither Maryland Correctional Enterprises nor Blind Industries and Services of Maryland provides the supplies or services; and
(iii)    a State or State aided or controlled entity is not required by law to buy the supplies or services from any other unit of the State government.
(b)    A State or State aided or controlled entity shall give preference to the providers listed under subsection (a) of this section in the order that the providers are listed.
(c)    To the extent practicable, a State or State aided or controlled entity shall include in a maintenance contract that has a component for housekeeping or janitorial services, a requirement that a prime contractor procure janitorial products from Blind Industries and Services of Maryland if the specified products are made, manufactured, remanufactured, or assembled by Blind Industries and Services of Maryland and are available.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 1 - Preferences to Benefit Disadvantaged Individuals › Section 14-107 - Lists of Supplies and Services of Sheltered Workshops

The Pricing and Selection Committee for Preferred Providers shall:
(1)    (i)    maintain a current list of supplies and services that Blind Industries and Services of Maryland provides;
(ii)    maintain a current list of supplies, services, and other sales that community service providers and individual with disability owned businesses provide; and
(iii)    maintain a current list of supplies and services that Maryland Correctional Enterprises provides;
(2)    periodically review and revise the lists of supplies, services, and other sales maintained in accordance with item (1) of this section; and
(3)    send the lists, and any revised lists, to the Chief Procurement Officer who shall make the lists available to each person responsible for buying supplies, services, or other sales for the State or a State aided or controlled entity.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 1 - Preferences to Benefit Disadvantaged Individuals › Section 14-108 - Employment Works Program

(a)    In this section, “Program” means the Employment Works Program.
(b)    There is an Employment Works Program in the Department of General Services.
(c)    The Secretary of General Services shall designate Maryland Works, Inc., or another appropriate coordinating entity, to facilitate the distribution of procurement contracts for supplies and services among community service providers and individual with disability owned businesses.
(d)    The coordinating entity designated under subsection (c) of this section shall:
(1)    identify potential contracts for supplies and services eligible for procurement;
(2)    establish procedures for the selection of community service providers to perform under potentially eligible contracts for preference procurement;
(3)    establish procedures for remediation of noncompliance with State or Program policies;
(4)    provide training and technical assistance to participating community service providers;
(5)    conduct cost analyses and market research for submission and review by the Pricing and Selection Committee for the Program;
(6)    provide staff support for the Pricing and Selection Committee for the Program; and
(7)    serve as a monitoring agent to ensure that high quality standards are met and maintained by the Program and its participating community service providers.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 1 - Preferences to Benefit Disadvantaged Individuals › Section 14-109 - Maryland Vending Facilities Program for the Blind

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Blind person” means a person who is:
(i)    blind; and
(ii)    licensed by the Division under the federal acts.
(3)    “Division” means the Division of Rehabilitation Services in the Department of Education.
(4)    “Program” means the Maryland Business Enterprise Program for the Blind.
(5)    “Vending facility” includes vending machines, cafeterias, snack bars, and other concession stands that sell food, beverages, newspapers, periodicals, confections, tobacco products, and other merchandise, including chances for the State Lottery.
(6)    “Vending machine” means a currency-operated machine that dispenses products or services.
(7)    “Vending machine income” means receipts, other than those of a blind vendor, from vending machine operations on property controlled by the Department of General Services after deducting the costs of the goods sold, including reasonable service and maintenance costs in accordance with customary business practices.
(b)    There is a Maryland Business Enterprise Program for the Blind in the Division.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the Program has priority to operate a vending facility on property controlled by the Department of General Services.
(2)    If a facility required to give the priority under this section has vending facilities that are not operated by blind persons, the requirements of this section are waived until the earlier of:
(i)    the first expiration of a contract between the operator of the vending facility and the Department of General Services; or
(ii)    June 1, 1994.
(d)    (1)    The Division and the Department of General Services shall adopt regulations for:
(i)    the operation and maintenance of a vending facility by the Program; and
(ii)    the protection of State property.
(2)    The Department of General Services shall cooperate with the Division for the establishment, whenever possible, of vending facilities operated by the Program on Department of General Services property.
(3)    (i)    Any vending machine income that results from the provisions of this section shall accrue to the blind person managing the vending facility on the property where the income is generated in accordance with federal regulations governing the Vending Facilities Program for the Blind.
(ii)    If there is no person managing the vending facility, the vending machine income shall be distributed to the Division for the support of the Program.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Disabled veteran” means a veteran who has been certified by the U.S. Department of Veterans Affairs as having a service–connected disability regardless of the disability rating.
(c)    “Disabled veteran–owned small business” means a small business that is at least 51% owned and controlled by one or more individuals who are disabled veterans.
(d)    “Small business” means a business that meets the qualifications established under § 14–203 of this subtitle.
(e)    “Small business preference” means a purchase request for which bids are invited from a list of qualified bidders that includes small businesses.
(f)    “Veteran” means a veteran as defined in 38 U.S.C. § 101(2) who is domiciled in Maryland.
(g)    “Veteran–owned small business” means a small business that is at least 51% owned and controlled by one or more individuals who are veterans.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-202 - Scope of Program; State Correctional Facilities

(a)    This subtitle applies to procurement of supplies, services, and construction related services by:
(1)    the Department of General Services;
(2)    the Department of Transportation;
(3)    the University System of Maryland;
(4)    Morgan State University; and
(5)    as provided in subsection (b) of this section, the Department of Public Safety and Correctional Services in connection with construction of a State correctional facility under § 12-107 of this article.
(b)    For procurements in connection with the construction of a State correctional facility, the Department of Public Safety and Correctional Services shall:
(1)    apply the percentage price preferences established by the Department of General Services under this subtitle; and
(2)    follow the same procedures established by the Department of General Services to comply with this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-203 - Qualified Businesses

(a)    By regulation, the Secretary of General Services, the Secretary of Transportation, the Chancellor of the University System of Maryland, and the President of Morgan State University each shall specify the criteria that a business must meet to qualify as a small business.
(b)    (1)    The criteria for qualification as a small business may vary among industries to reflect their particular characteristics.
(2)    Regulations adopted under this section shall include, for each class of business, the maximum number of employees a business may have to qualify as a small business.
(c)    The regulations adopted under subsection (a) of this section shall require the qualification of a business as a small business for the exclusive purpose of pursuing out–of–state contracts, if the business has:
(1)    250 or fewer employees; or
(2)    average annual gross receipts of $10,000,000 or less averaged over its most recently completed 3 fiscal years.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-204 - Procedures

The Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland each shall adopt regulations to establish procedures for:
(1)    compiling and maintaining a comprehensive bidder’s list of small businesses;
(2)    locating potential sources for various construction related services, supplies, and services and affirmatively seeking to locate potential minority business enterprise sources for those construction related services, supplies, and services;
(3)    helping small businesses to comply with the procedures for bidding on procurement contracts;
(4)    examining requests for construction related services, supplies, and services to determine when an invitation for bids may be designated for the Small Business Preference Program;
(5)    bidding for a procurement contract designated for a small business preference;
(6)    simplifying procurement specifications and terms, to increase the opportunities for small business participation;
(7)    investigating the responsibility of bidders on small business preferences; and
(8)    explaining to a small business the reason for which its bid for a small business preference was rejected.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-205 - Duty of Department of Commerce

The Department of Commerce shall help the Secretaries of General Services and Transportation and the Chancellor of the University System of Maryland in establishing procedures to carry out § 14–204(1) and (2) of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-206 - Percentage Preference Established

(a)    In this section, “percentage preference” means the percent of the lowest responsive bid submitted by a responsible bidder who is not a small business by which a responsive bid by a small business may:
(1)    exceed the lowest bid; and
(2)    be awarded a procurement contract under this subtitle.
(b)    Subject to the approval of the Board, the Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland each:
(1)    shall establish a percentage preference, not to exceed 8%, for each industry as follows:
(i)    a base percentage preference not to exceed 5% for all small businesses; and
(ii)    two additional preferences to the percentage preference set forth in item (i) of this paragraph as follows:
1.    2% for veteran–owned small businesses; and
2.    3% for disabled veteran–owned small businesses; and
(2)    may vary the percentage preference determined in item (1)(i) of this subsection among industries to account for their particular characteristics.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 2 - Small Business Preference Program › Section 14-207 - Special Procedures for Source Selection

(a)    The Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland each may designate, for the Small Business Preference Program, procurement of certain supplies, services, or construction related services that have been requested through or with the approval of the Secretary or Chancellor.
(b)    The invitation for bids on a procurement that has been designated for a small business preference shall be sent to small businesses and regular bidders to establish a reasonable price range commensurate with current market conditions.
(c)    The Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland shall award a procurement contract designated for a small business preference to the small business that:
(1)    is a responsible bidder; and
(2)    submits the lowest responsive bid from a small business if the difference between that bid and the lowest responsive bid submitted by a responsible bidder who is not a small business does not exceed the percentage preference established under § 14-206 of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 3 - Minority Business Participation › Section 14-304 - Powers of Certification Agency

(a)    (1)    The certification agency shall develop and maintain a directory of all certified minority business enterprises.
(2)    The directory shall be accessible to the public through the Internet.
(3)    For each minority business enterprise included in the directory, the certification agency shall include the following information:
(i)    all contract information available to the certification agency for the minority business enterprise;
(ii)    the certification number and minority status of the minority business enterprise;
(iii)    contact information for up to three professional references for the minority business enterprise; and
(iv)    any other information the certification agency considers necessary or appropriate to encourage participation in the procurement process by minority business enterprises.
(4)    The certification agency shall:
(i)    update the directory at least monthly;
(ii)    identify as recently certified in the directory each minority business enterprise that has obtained certification during the calendar year; and
(iii)    include in the directory a list of all minority business enterprises that have become ineligible to participate in the Minority Business Enterprise Program because:
1.    one or more of its owners has a personal net worth that exceeds the amount specified in § 14–301(i)(3) of this subtitle; or
2.    the minority business enterprise no longer meets the standards developed under § 14–303(b)(13) of this subtitle.
(b)    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 minority business enterprise, the certification agency may:
(1)    subpoena witnesses;
(2)    administer oaths; and
(3)    compel the production of records, books, papers, and other documents.
(c)    If a person fails to comply with a subpoena issued under subsection (b) of this section, or fails to produce documents or other evidence, on petition of the certification agency, a court of competent jurisdiction may pass an order directing compliance with the subpoena or compelling the production of documents or other evidence.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 3 - Minority Business Participation › Section 14-307 - Duty of Legislative Policy Committee

The Legislative Policy Committee shall direct at least 1 standing committee of the House of Delegates and at least 1 standing committee of the State Senate to review annually the performance of units as reported under § 14–305 of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 3 - Minority Business Participation › Section 14-308 - Prohibited Acts; Penalties

(a)    (1)    A person may not:
(i)    fraudulently obtain, hold, or attempt to obtain or hold certification;
(ii)    aid another person in performing an act prohibited under item (i) of this paragraph;
(iii)    willfully obstruct, impede, or attempt to obstruct or impede a State official or employee investigating the qualifications of a business entity that has requested certification;
(iv)    fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money to which the person is not entitled under this subtitle; or
(v)    in any minority business enterprise matter administered under this subtitle:
1.    willfully falsify, conceal, or cover up a material fact by any scheme or device;
2.    make a false or fraudulent statement or representation; or
3.    use a false writing or document that the person knows to contain a false or fraudulent statement or entry.
(2)    Except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:
(i)    fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority business enterprise in its bid or proposal;
(ii)    fail to notify the certified minority business enterprise before execution of the contract of its inclusion of the bid or proposal;
(iii)    fail to use the certified minority business enterprise in the performance of the contract; or
(iv)    pay the certified minority business enterprise solely for the use of its name in the bid or proposal.
(3)    A person who violates any provision of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.
(b)    (1)    A person may not make a false statement about whether an entity has certification.
(2)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
(c)    The Governor’s Office of Small, Minority, and Women Business Affairs 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 3 - Minority Business Participation › Section 14-309 - Termination of 14-301 Through 14-305 of This Subtitle

The provisions of §§ 14–301 through 14–305 of this subtitle, and any regulations adopted under those sections, shall be of no effect and may not be enforced after July 1, 2024.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-402 - Paper Procurement by Department of General Services

(a)    In this section, “recycled paper” means a paper product at least 80% of the total weight of which consists of the product of a manufacturing process that:
(1)    has converted a raw material into a valuable commodity; and
(2)    includes a total gross content of post consumer waste of at least 80%.
(b)    To the extent practicable, in procuring paper or paper products under Title 4, Subtitle 3, Part II of this article, the Secretary of General Services shall buy or approve for purchase only supplies that are produced from recycled paper.
(c)    Of the total volume of paper that the Secretary of General Services buys, at least 90% shall be recycled paper.
(d)    If recycled paper that meets the definition set forth in subsection (a) of this section is unavailable, then for purposes of complying with the requirements of this section, the Department of General Services may purchase recycled paper products that at a minimum conform to the definitions set forth in the Environmental Protection Agency guideline for federal procurement of paper and paper products containing recovered materials (40 C.F.R., Part 247).
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-403 - Low Noise Supplies

(a)    To the extent practicable, each unit of the State government shall buy or lease for use by the State government supplies that are the quietest available supplies.
(b)    Supplies that are certified as low-noise-emission products under the federal Noise Control Act of 1972 are considered to meet the requirement of subsection (a) of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-404 - Coal in Heating Systems

(a)    In this section, “coal products” includes coal in both its synthetic and conventional forms.
(b)    This section does not apply to a building or facility for which:
(1)    the Department of the Environment determines that the use of coal products violates a provision of the Environment Article or a regulation that the Department adopts under that article; or
(2)    the Department of General Services or another appropriate unit determines that the use of coal products would not be cost effective.
(c)    The design of a heating system in a building or facility constructed after July 1, 1986 may not preclude the use of Maryland coal if:
(1)    the State provides at least 50% of the money used for construction of the building or facility; and
(2)    a determination is made that coal products will be used to fuel the heating system.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-405 - Percentage Price Preference for Environmentally Preferable Products or Services

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Environmentally preferable product or service” means a product or service that throughout the full life cycle of the product or service:
(i)    is energy efficient, water efficient, biobased, nonozone depleting, made with recycled content, or nontoxic; or
(ii)    has other attributes recognized as environmentally preferable by the Maryland Green Purchasing Committee.
(b)    (1)    To encourage the maximum purchase of environmentally preferable products and services, the Maryland Green Purchasing Committee established under § 14–410 of this subtitle shall establish environmentally preferable specifications to be adopted by State agencies.
(2)    The environmentally preferable specifications shall be published and maintained online by the Maryland Green Purchasing Committee for use by State agencies.
(c)    Each State unit shall review annually the procurement specifications currently used by the unit and, to the extent practicable:
(1)    adopt the environmentally preferable specifications published by the Maryland Green Purchasing Committee; and
(2)    revise the unit’s procurement specifications in accordance with § 14–410 of this subtitle.
(d)    On or before October 1 of each year, each unit shall report to the Department of General Services on the unit’s procurement of environmentally preferable products and services as a percentage of the unit’s gross purchases during the preceding fiscal year, including the types and quantities of products and services procured.
(e)    (1)    Except as provided in paragraph (2) of this subsection, this section is broadly applicable to all procurements by the State if the quality of the product or service is consistent with the requirements of the bid specifications.
(2)    Only to the extent necessary to prevent the denial of federal money or eliminate the inconsistency with federal law, this section does not apply to a procurement by the State if the procurement officer determines that compliance with this section would:
(i)    cause denial of federal money; or
(ii)    be inconsistent with the requirements of federal law.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-406 - Preference for Mercury Free Products and Equipment

(a)    In this section, “preference” includes:
(1)    a percentage price preference; and
(2)    any other provision that favors products or equipment that are mercury free or that contain the least amount of mercury necessary to meet product or equipment performance standards over other products.
(b)    Beginning October 1, 2003, all State agencies shall give preference to products and equipment that are mercury free or contain the least amount of mercury necessary to meet product or equipment performance standards.
(c)    This section does not apply to a contract or procurement agreement in effect on October 1, 2001.
(d)    The Board may adopt regulations to implement this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-407 - Percentage Price Preference for Locally Grown Foods

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Locally grown food” means food grown in the State.
(3)    “Percentage price preference” means the percent by which a responsive bid from a responsible bidder whose product is a locally grown food may exceed the lowest responsive bid submitted by a responsible bidder whose product is not a locally grown food.
(b)    The Board shall adopt regulations that require State schools and facilities to establish a percentage price preference, not to exceed 5%, for the purchase of locally grown food.
(c)    A percentage price preference under this section may not be used in conjunction with any other percentage price preference established under this title.
(d)    Each State school and facility shall review the procurement specifications currently used and, to the extent practicable, require the use of a percentage price preference in their purchase of locally grown food.
(e)    (1)    Except as provided in paragraph (2) of this subsection, this section is broadly applicable to all procurements by State schools and facilities if the locally grown food is consistent with the requirements of the bid specification.
(2)    Only to the extent necessary to prevent the denial of federal money or eliminate the inconsistency with federal law, this section does not apply to a procurement by a State school or facility if it is determined that compliance with this section would:
(i)    cause denial of federal money; or
(ii)    be inconsistent with the requirements of federal law.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-408 - State Fleet Biodiesel Fuel or Other Approved Biofuel Usage

(a)    In this section, “biodiesel fuel” means:
(1)    a fuel, comprised of mono–alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, that is designated B100 and meets the requirements of ASTM D 6751 and its successors; or
(2)    a blend of biodiesel fuel meeting ASTM D 6751 with petroleum–based diesel fuel, designated as BXX, where XX represents the volume percentage of biodiesel fuel in the blend.
(b)    In fiscal year 2008 and in each subsequent fiscal year, the State shall ensure that at least 50% of the vehicles using diesel fuel in the State vehicle fleet use a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 program.
(c)    In fiscal year 2009 and in each subsequent fiscal year, the State shall ensure that at least 50% of the heavy equipment owned by the State using diesel fuel and at least 50% of the heating equipment in State buildings that uses normal or #2 heating oil use, subject to availability, a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 program.
(d)    This section does not apply to any State vehicle, piece of heavy equipment, or heating equipment for which mechanical failure due to use of biodiesel fuel or other biofuel will void the manufacturer’s warranty for that vehicle, piece of heavy equipment, or heating equipment.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 14 - Preferences › Subtitle 4 - Miscellaneous Purchasing Preferences › Section 14-409 - Use of Compost in Public Lands of the State

(a)    A State or local unit responsible for the maintenance of public lands in the State, to the maximum extent practicable, shall give consideration and preference to the use of compost in any land maintenance activity that is to be paid for with public funds.
(b)    It is the goal of the Department of General Services to:
(1)    compost, to the extent practicable, all landscape waste on State property that is under its operation for use as fertilizer in landscaping activities; and
(2)    increase the percentage of landscaped area fertilized by compost each year.