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Session Laws, 1999
Volume 796, Page 3055   View pdf image
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(b) When a unit uses competitive sealed bidding to award a procurement
contract, the unit may give a preference to the resident bidder who submits the lowest
responsive bid from a resident bidder if:

(1) the resident bidder is a responsible bidder;

(2) a responsible bidder whose principal office OR OPERATION is in
another state submits the lowest responsive bid;

(3) the [other] state IN WHICH THE NONRESIDENT BIDDER'S PRINCIPAL
OFFICE IS LOCATED OR THE STATES STATE IN WHICH A SIGNIFICANT PORTION OF
THE VALUE OF THE SUPPLIES OR SERVICES TO BE PROVIDED BY
THE NONRESIDENT
BIDDER ORIGINATES OR IS PRODUCED [gives] GIVE HAS ITS PRINCIPAL OPERATION
THROUGH WHICH IT WOULD PROVIDE SUPPLIES OR SERVICES GIVES a preference to
[its] THEIR residents; and

(4) a preference does not conflict with a federal law or grant affecting the
procurement contract.

(c) (1) [A] AT THE REQUEST OF THE UNIT, A nonresident bidder submitting
a proposal for a State project shall [attach to the proposal] PROVIDE a copy of the
current statute, resolution, policy, procedure, or executive order [of the resident state
of the nonresident bidder] that pertains to [that state's] THE treatment of
nonresident bidders BY:

(I) THE STATE IN WHICH THE NONRESIDENT BIDDER'S PRINCIPAL
OFFICE IS LOCATED; AND

(II) THE STATES STATE IN WHICH A SIGNIFICANT PORTION OF THE
VALUE OF THE SUPPLIES OR SERVICES TO BE PROVIDED BY
THE NONRESIDENT
BIDDER ORIGINATES OR IS PRODUCED HAS ITS PRINCIPAL OPERATION THROUGH
WHICH IT WOULD PROVIDE SUPPLIES OR SERVICES.

(2) A UNIT MAY GIVE A preference under this section [shall be] THAT IS
identical to ANY OF THE FOLLOWING PREFERENCES, OR ANY COMBINATION OF
THEM:

(I) the preference that the [other] state IN WHICH THE
NONRESIDENT BIDDER'S PRINCIPAL OFFICE IS LOCATED gives to its residents; OR

(II) THE PREFERENCE THAT ANY OF THE STATES THE STATE IN
WHICH A SIGNIFICANT PORTION OF THE VALUE OF THE SUPPLIES OR SERVICES TO
BE PROVIDED BY
THE NONRESIDENT BIDDER ORIGINATES OR IS PRODUCED GIVES
TO ITS RESIDENTS
HAS ITS PRINCIPAL OPERATION THROUGH WHICH IT WOULD
PROVIDE SUPPLIES OR SERVICES.

SECTION 2. AND BE IT FURTHER ENACTED, That:

(a) Except as provided in Title 14, Subtitle 3, Title 15, and Title 17, Subtitles
1 and 2 of the State Finance and Procurement Article, Division II of the State Finance
and Procurement Article does not apply to the Maryland Port Administration for

 

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Session Laws, 1999
Volume 796, Page 3055   View pdf image
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