Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS
Chapter 21.05.01 - General Provisions
Section 21.05.01.04-1 - Reciprocal Preferences-Architectural or Engineering Services
Universal Citation: MD Code Reg 21.05.01.04-1
Current through Register Vol. 51, No. 19, September 20, 2024
A. Definitions.
(1) In this regulation, the following terms
have the meanings indicated.
(2)
"Nonresident firm " means a business entity that:
(a) Has one office that is a principal office
for the entity and is not located in the State; or
(b) For an entity that has offices in
multiple states, has not had a principal office located in the State for at
least 6 months immediately before the date of a request for
proposals.
(3)
"Preference" means:
(a) A percentage
preference;
(b) An employee
residency requirement; or
(c) Any
other law, policy, or practice that favors a resident-firm offeror over a
nonresident-firm offeror.
(4) Principal Office.
(a) "Principal office " means a primary place
of business that is staffed on a regular basis to provide the services that are
requested by a unit in a request for proposals.
(b) "Principal office" does not include a
satellite office or an office that is minimally staffed and is not open on a
regular basis to provide the services that are requested by a unit in a request
for proposals.
(5)
"Request for proposals" means a request for architectural services or
engineering services that is issued in accordance with State Finance and
Procurement Article, §
13-112,
Annotated Code of Maryland.
(6)
Resident Firm.
(a) "Resident firm " means a
business entity that is licensed or otherwise authorized to provide
architectural or engineering services in the State, and:
(i) For an entity that has one office, the
office is located in the State; or
(ii) For an entity that has offices in
multiple states, has had a principal office located in the State for at least 6
months immediately before the date of a request for proposals.
(b) "Resident firm" includes a
joint venture that was entered into before the date of the request for
proposals for which the joint venture submits a proposal and includes one party
that holds at least a 51 percent interest in the joint venture and meets the
definition in §A(6)(a) of this regulation.
B. Conditions. A procurement agency shall apply a preference to a proposal from a resident firm if:
(1) A nonresident firm is a responsible
offeror determined to be the most qualified person to submit a proposal in
accordance with State Finance and Procurement Article, §
13-112,
Annotated Code of Maryland, and the state in which the principal office of the
nonresident firm is located has a preference that favors an offeror from that
state to the disadvantage of an offeror from the State of Maryland;
(2) A resident firm is a responsible offeror
that certifies it meets the requirements for a resident firm at the same time
that it submits the proposal for which the preference would apply;
and
(3) The nonresident firm's
state's preference does not conflict with a federal law or grant affecting the
procurement contract.
C. Application.
(1) At the request of a unit, a
nonresident firm shall provide the following documentation for the state in
which the principal office of the nonresident firm is located:
(a) A copy of the current statute,
resolution, policy, procedure, or executive order that establishes a preference
that favors an offeror from that state to the disadvantage of an offeror from
the State of Maryland; or
(b) A
certification that the other state does not have a preference that favors an
offeror from that state to the disadvantage of an offeror from the State of
Maryland.
(2) If a
resident firm qualifies for a preference established under this section and for
another preference established under State Finance and Procurement Article,
Division II, Annotated Code of Maryland, the unit:
(a) May not apply more than one preference to
the proposal from the resident firm; and
(b) Shall apply the preference to the
proposal from the resident firm that is most advantageous to the resident
firm.
(3) If, when
making a determination of qualification under a qualification-based selection,
a unit determines that a proposal from a resident firm and a proposal from a
nonresident firm are equally qualified, the unit may apply a preference to the
proposal from the resident firm.
(4) A unit may not apply a preference to a
proposal submitted by a resident firm if the resident firm does not submit the
certification required under §B(2) of this regulation at the same time
that it submits the proposal.
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