3286                                             LAWS OF MARYLAND                                         Ch. 690

8-101.

(a)  (1) In this section the following words have the
meanings indicated.

(2)   "Secretary" means the Secretary of General
Services, the Secretary of the Department of Transportation, or
the President of the University of Maryland.

(3)   "Small business" has the meaning established by
the Secretary in rules and regulations, subject to the criteria
set forth in subsection (b) of this section.

(4)   "Small business set-aside" means a purchase
request for which the Secretary invites bids from a list of
qualified bidders including small businesses.

(5)   "PREDETERMINED PERCENTAGE PREFERENCE" MEANS THE
PERCENTAGE, NOT TO EXCEED 5 PERCENT, SET BY A SECRETARY, BY WHICH
THE BID OR OFFER OF THE LOWEST RESPONSIVE AND RESPONSIBLE SMALL
BUSINESS MAY EXCEED THE BID OR OFFER OF THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER OR OFFER OR OFFEROR THAT IS NOT A SMALL
BUSINESS.

(b)  (1) [The] EACH Secretary shall adopt rules and
regulations specifying the criteria for qualification as a small
business.

[(2) The criteria shall include a maximum number for
employees and a maximum dollar volume computed on annual sales
and receipts of a bidder and all its affiliates. The maximum
number of employees and maximum dollar volume may vary from
industry to industry to the extent necessary to reflect different
characteristics. However, with respect to maximum number of
employees, a manufacturing business may not employ more than 250
individuals. With respect to maximum dollar volume, a wholesale
business may not have annual sales in excess of $2,500,000 for
its most recent fiscal year and a retail business or business
selling services may not have annual sales and receipts in excess
of $5,000,000.]

(2)  THE CRITERIA FOR QUALIFICATION MAY VARY FROM
INDUSTRY TO INDUSTRY TO REFLECT DIFFERENT INDUSTRY
CHARACTERISTICS.

(3)  ONE OF THE CRITERIA TO BE USED IN ESTABLISHING
QUALIFICATIONS SHALL BE A MAXIMUM NUMBER OF EMPLOYEES FOR EACH
CLASS OF BUSINESSES.

(c)   [The] (1) EACH Secretary shall adopt rules and
regulations specifying procedures for:

[(1)] (I) Compiling and maintaining a comprehensive
bidder's list of small businesses;