WILLIAM DONALD SCHAEFER, Governor

Ch. 48

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §
ll-140(c)(2).

14-206. PERCENTAGE PREFERENCE ESTABLISHED.

(A)  "PERCENTAGE PREFERENCE" DEFINED.

IN THIS SECTION, "PERCENTAGE PREFERENCE" MEANS THE PERCENT
OF THE LOWEST RESPONSIVE BID SUBMITTED BY A RESPONSIBLE BIDDER
WHO IS NOT A SMALL BUSINESS BY WHICH A RESPONSIVE BID BY A SMALL
BUSINESS MAY:

(1)  EXCEED THE LOWEST BID; AND

(2)  BE AWARDED. A PROCUREMENT CONTRACT UNDER THIS
SUBTITLE.

(B)  ESTABLISHED.

SUBJECT TO THE APPROVAL OF THE BOARD, THE SECRETARY OF
GENERAL SERVICES, THE SECRETARY OF TRANSPORTATION, AND THE
PRESIDENT OF THE UNIVERSITY OF MARYLAND EACH:

(1)  SHALL ESTABLISH A PERCENTAGE PREFERENCE, NOT TO
EXCEED 5%, FOR EACH CLASS OF BUSINESSES INDUSTRY; AND

(2)  MAY VARY THE PERCENTAGE PREFERENCE AMONG
INDUSTRIES TO ACCOUNT FOR THEIR PARTICULAR CHARACTERISTICS.

REVISOR'S NOTE: Subsections (a)(1) and (b) of this section
are new language derived without substantive change
from former SF § ll-140(a)(2) and (5) and (f)(1).

Subsection (a)(2) of this section is new language
added to state expressly the purpose for which the
percentage preference is to be used. In light of this
addition, in subsection (b)(1) of this section, the
former reference to establishment of the percentage
preference "for the purposes of paragraph (2) of
[former § ll-140(f)]" is deleted. The referenced
paragraph now appears in § 14-207(c) of this subtitle.

As to the substitution, in the introductory language
of subsection (b) of this section, of the reference to
the "Secretary of General Services, the Secretary of
Transportation, and the President of the University of
Maryland" for the former word "Secretary", see
revisor's note to § 14-203 of this subtitle.

Defined terms: "Bid" § 11-101

"Board" § 11-101 "Procurement contract" § 11-101

"Responsible bidder" § 11-101

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