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ROBERT L. EHRLICH, JR., Governor Ch. 197
(i) a percentage preference;
(ii) an employee residency requirement; or
(iii) any other provision that favors a resident over a nonresident.
(3) "Resident bidder" means a bidder whose principal office is located in
the State.
(4) "RESIDENT OFFEROR" MEANS AN OFFEROR WHOSE PRINCIPAL
OFFICE IS LOCATED IN THE STATE.
(5) "RESPONSIVE PROPOSAL" MEANS A PROPOSAL THAT CONFORMS IN
ALL MATERIAL RESPECTS TO THE REQUEST FOR PROPOSALS.
[(4)] (6) (5) "Services" means services, architectural services,
construction related services, engineering services, or energy performance contract
services, all as defined in § 11-101 of this article.
(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 state in which the nonresident bidder's principal office is located
or the state in which the nonresident bidder has its principal operation through which
it would provide supplies or services gives a preference to its residents; and
(4) a preference does not conflict with a federal law or grant affecting the
procurement contract.
(c) WHEN A UNIT ISSUES A REQUEST FOR PROPOSALS TO AWARD A
PROCUREMENT CONTRACT, THE UNIT MAY GIVE A PREFERENCE TO THE RESIDENT
OFFEROR WHO SUBMITS THE LOWEST RESPONSIVE PROPOSAL FROM A RESIDENT
OFFEROR IF;
(1) THE RESIDENT OFFEROR IS A RESPONSIBLE OFFEROR;
(2) A RESPONSIBLE OFFEROR WHOSE PRINCIPAL OFFICE OR OPERATION
IS IN ANOTHER STATE SUBMITS THE LOWEST RESPONSIVE PROPOSAL;
(3) THE STATE IN WHICH THE NONRESIDENT OFFEROR'S PRINCIPAL
OFFICE IS LOCATED OR THE STATE IN WHICH THE NONRESIDENT OFFEROR HAS ITS
PRINCIPAL OPERATION THROUGH WHICH IT WOULD PROVIDE SUPPLIES OR
SERVICES GIVES A PREFERENCE TO ITS RESIDENTS; AND
(4) A PREFERENCE DOES NOT CONFLICT WITH A FEDERAL LAW OR
GRANT AFFECTING THE PROCUREMENT CONTRACT WHEN A UNIT USES
COMPETITIVE SEALED PROPOSALS TO AWARD A PROCUREMENT CONTRACT, THE
UNIT MAY GIVE A PREFERENCE TO RESIDENT OFFERORS IF:
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