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Ch. 320
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1092
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LAWS OF MARYLAND
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(ii) The bid from the Maryland firm does not
exceed the bid from the nonresident firm by more than 2 percent.
(3) A Maryland firm desiring the preference provided
by this subsection shall claim the preference when the Maryland
firm submits its bid.]
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2) "MARYLAND FIRM" MEANS A BUSINESS ENTITY THAT HAS
ITS PRINCIPAL OFFICE IN THE STATE.
(3) "NONRESIDENT FIRM" MEANS A BUSINESS ENTITY THAT
HAS ITS PRINCIPAL OFFICE OUT OF THE STATE.
(B) WHEN A STATE AGENCY AWARDS A CONTRACT BASED ON
COMPETITIVE BIDDING, THE STATE AGENCY SHALL ACCEPT THE LOWEST
RESPONSIVE AND RESPONSIBLE BID FROM A MARYLAND FIRM OVER A BID
FIRM A NONRESIDENT FIRM IF THE BID FROM THE MARYLAND FIRM DOES
NOT EXCEED THE BID FROM THE NONRESIDENT FIRM BY MORE THAN 5
PERCENT IN THE AWARD OF A COMPETITIVE BIDDING CONTRACT BY A STATE
AGENCY, IF THE LAWS OF ANOTHER STATE IN WHICH A NONRESIDENT FIRM
HAS ITS PRINCIPAL OFFICE ALLOW THE NONRESIDENT FIRM OF THAT STATE
A PREFERENCE MEASURED BY A PERCENTAGE OF THE DIFFERENCE OF THE
BID SUBMITTED BY SUCH A NONRESIDENT FIRM, A LIKE PREFERENCE MAY
BE ALLOWED TO THE LOWEST RESPONSIBLE AND RESPONSIVE BID OF A
MARYLAND FIRM.
(1) WHEN AWARDING A CONTRACT BY COMPETITIVE BIDDING,
A PROCUREMENT AGENCY SHALL GIVE A PERCENTAGE PREFERENCE TO THE
LOWEST RESPONSIVE AND RESPONSIBLE BID FROM A MARYLAND FIRM OVER
THAT OF A NONRESIDENT FIRM IF THE STATE IN WHICH THE NONRESIDENT
FIRM IS LOCATED GIVES A RESIDENT BUSINESS PREFERENCE.
(2) THE PERCENTAGE OF PREFERENCE AWARDED UNDER THIS
SECTION SHALL BE THE SAME AS THAT AWARDED BY THE STATE IN WHICH
THE NONRESIDENT FIRM IS LOCATED.
[(4)] (C) If in conflict with any federal grant or
regulation affecting the contract, the provisions of this
[subsection] SECTION do not apply.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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