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
Universal Citation: MD Code Reg 21.11.01.05
Current through Register Vol. 51, No. 19, September 20, 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.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
