Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.01 - Small Business Procurements › Section 21.11.01.05 - Small Business Preference Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. The small business
				preference program applies to procurements by the Department of Transportation,
				the Department of General Services, the University System of Maryland, and
				Morgan State University.
B.
				Procedures.
(1) Designation of Small Business
				Preference Contracts. The Secretaries of General Services and Transportation,
				the Chancellor of the University System of Maryland, and the President of
				Morgan State University or their designees shall screen all procurements
				potentially eligible for a small business preference and shall determine which
				of those procurements shall be made under these procedures and the percentage
				preference to be applied. The determination shall be based on the availability
				of qualified, certified small businesses and other appropriate
				factors.
(2) Solicitation Notice.
(a) A published solicitation for a
				procurement designated for a small business preference shall include a
				statement that the procurement has been so designated and shall indicate the
				price preference percentage to be applied. A designated price preference may
				not exceed a base percentage preference of 5 percent of the total contract
				value. A 2 percent preference may be added to the base percentage preference
				for veteran-owned small businesses and a 3 percent preference may be added to
				the base percentage preference for disabled-veteran-owned small
				businesses.
(b) The small business
				preference notice contained in the solicitation shall be substantially as
				follows:
Small Business Preference (base percentage preference of 5
				  percent unless otherwise provided)
This procurement has been designated for a small business
				  preference under COMAR 21.11.01.05B. he procurement agency will accept the most
				  favorable responsive bid from a responsible small business (COMAR
				  21.01.02.01B(80))
				  if the bid of the small business does not exceed the most favorable responsive
				  bid received from a responsible bidder who is not a small business by:
(1) more than 5 percent;
(2) more than 7% for a veteran-owned small
				business;
(3) more than 8% for a
				disabled-veteran-owned small business; or
(4) the percentage otherwise identified in
				the solicitation as the small business preference.
(3) Direct Solicitation. When
				soliciting bids for a procurement designated for a small business preference,
				the procuring unit shall send a solicitation or notice of the solicitation to
				all certified small businesses for the subject of the contract contained on the
				Governor's Office of Small, Minority, and Women Business Affairs Certified
				Small Businesses List. When soliciting bids under the small business preference
				program, others selected from the business community at large, including
				certified minority business enterprises, shall also be solicited.
(4) Evaluation. When a procurement under
				COMAR 21.05.02 has been designated for a small business preference, the
				procurement officer shall accept the most favorable responsive bid from a
				responsible small business if the bid does not exceed the most favorable
				responsive bid price received from a responsible bidder that is not certified
				as a small business by:
(a) More than 5
				percent;
(b) More than 7 percent
				for a veteran-owned small business;
(c) More than 8 percent for a
				disabled-veteran-owned small business; or
(d) The predetermined percentage
				preference.
(5)
				Reporting. The Departments of Transportation and General Services, the
				University System of Maryland, and Morgan State University shall submit a
				report on the Small Business Preference Program annually as required under
				COMAR 21.13.01.03A.