Ch. 589                                        1997 LAWS OF MARYLAND

EXCEEDS THE LOWEST RESPONSIVE DID BY A BUSINESS THAT IS NOT A LOCAL
BUSINESS BY NOT MORE THAN THE SPECIFIED PERCENTAGE MAY BE AWARDED THE
CONTRACT.

C. AN ORDINANCE OR RESOLUTION THAT ESTABLISHES A LOCAL
PREFERENCE:

(1) SHALL PROVIDE THAT THE LOCAL PREFERENCE SHALL BE
AVAILABLE TO A PERSON THAT OPERATES AN ACTIVE BONA FIDE BUSINESS IN
GARRETT COUNTY AS EVIDENCED IN ACCORDANCE WITH THE TERMS OF THE
ORDINANCE OR RESOLUTION;

(2) MAY ESTABLISH ADDITIONAL ELIGIBILITY REQUIREMENTS FOR A
BUSINESS TO QUALIFY TO RECEIVE A PREFERENCE;

(3) MAY PROVIDE THAT THE PREFERENCE IS AVAILABLE TO AN
OUT OF COUNTY BUSINESS IF, AS PART OF TIE CONTRACT, THE BUSINESS AGREES
TO SUBCONTRACT WITH ONE OR MORE LOCAL BUSINESSES FOR A SPECIFIED
PERCENTAGE OF WORK UNDER THE CONTRACT; AND

(4) SHALL PROVIDE THAT THE LOCAL PERCENTAGE PREFERENCE IS
ONLY AVAILABLE IF THE BUSINESS ELIGIBLE FOR THE PREFERENCE REQUESTS THE
PREFERENCE WHEN BIDDING ON THE CONTRACT.

A. (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "LOCAL FIRM" MEANS A BUSINESS ENTITY THAT HAS ITS PRINCIPAL
OFFICE IN GARRETT COUNTY OR MAINTAINS AN ACTIVE BUSINESS IN GARRETT COUNTY
AS DEFINED AND EVIDENCED BY CRITERIA SET BY THE COUNTY COMMISSIONERS BY
ORDINANCE OR RESOLUTION.

(3) "NONRESIDENT FIRM" MEANS A BUSINESS ENTITY THAT IS NOT A LOCAL
FIRM.

B. THE COUNTY COMMISSIONERS MAY ESTABLISH BY ORDINANCE OR
RESOLUTION A LOCAL PREFERENCE PROGRAM APPLICABLE TO CONTRACTS AWARDED
BY THE COUNTY BY COMPETITIVE BIDS IN ACCORDANCE WITH THIS SECTION.

C. (1) UNDER A LOCAL PREFERENCE PROGRAM ESTABLISHED UNDER THIS
SECTION, IF THE STATE OR THE POLITICAL SUBDIVISION IN WHICH A NONRESIDENT
FIRM IS LOCATED GIVES AN ADVANTAGE TO ITS RESIDENT BUSINESSES. THE COUNTY
COMMISSIONERS MAY GIVE AN IDENTICAL ADVANTAGE TO THE LOWEST RESPONSIVE
AND RESPONSIBLE BID FROM A LOCAL FIRM OVER THAT OF THE NONRESIDENT FIRM.

(2) AN ADVANTAGE MAY INCLUDE:

(I) A PERCENTAGE PREFERENCE;

(II) AN EMPLOYEE RESIDENCY REQUIREMENT; OR

(III) ANY OTHER PROVISION THAT FAVORS A LOCAL FIRM OVER A
NONRESIDENT FIRM.

- 3254 -