Current through Register Vol. 51, No. 21, October 18, 2024
Section 21.05.01.04-1 - Reciprocal Preferences-Architectural or Engineering ServicesA. Definitions. (1) In this regulation, the following terms have the meanings indicated.(2) "Nonresident firm " means a business entity that: (a) Has one office that is a principal office for the entity and is not located in the State; or(b) For an entity that has offices in multiple states, has not had a principal office located in the State for at least 6 months immediately before the date of a request for proposals.(3) "Preference" means: (a) A percentage preference;(b) An employee residency requirement; or(c) Any other law, policy, or practice that favors a resident-firm offeror over a nonresident-firm offeror.(4) Principal Office. (a) "Principal office " means a primary place of business that is staffed on a regular basis to provide the services that are requested by a unit in a request for proposals.(b) "Principal office" does not include a satellite office or an office that is minimally staffed and is not open on a regular basis to provide the services that are requested by a unit in a request for proposals.(5) "Request for proposals" means a request for architectural services or engineering services that is issued in accordance with State Finance and Procurement Article, § 13-112, Annotated Code of Maryland.(6) Resident Firm. (a) "Resident firm " means a business entity that is licensed or otherwise authorized to provide architectural or engineering services in the State, and: (i) For an entity that has one office, the office is located in the State; or(ii) For an entity that has offices in multiple states, has had a principal office located in the State for at least 6 months immediately before the date of a request for proposals.(b) "Resident firm" includes a joint venture that was entered into before the date of the request for proposals for which the joint venture submits a proposal and includes one party that holds at least a 51 percent interest in the joint venture and meets the definition in §A(6)(a) of this regulation.B. Conditions. A procurement agency shall apply a preference to a proposal from a resident firm if: (1) A nonresident firm is a responsible offeror determined to be the most qualified person to submit a proposal in accordance with State Finance and Procurement Article, § 13-112, Annotated Code of Maryland, and the state in which the principal office of the nonresident firm is located has a preference that favors an offeror from that state to the disadvantage of an offeror from the State of Maryland;(2) A resident firm is a responsible offeror that certifies it meets the requirements for a resident firm at the same time that it submits the proposal for which the preference would apply; and(3) The nonresident firm's state's preference does not conflict with a federal law or grant affecting the procurement contract.C. Application. (1) At the request of a unit, a nonresident firm shall provide the following documentation for the state in which the principal office of the nonresident firm is located: (a) A copy of the current statute, resolution, policy, procedure, or executive order that establishes a preference that favors an offeror from that state to the disadvantage of an offeror from the State of Maryland; or(b) A certification that the other state does not have a preference that favors an offeror from that state to the disadvantage of an offeror from the State of Maryland.(2) If a resident firm qualifies for a preference established under this section and for another preference established under State Finance and Procurement Article, Division II, Annotated Code of Maryland, the unit: (a) May not apply more than one preference to the proposal from the resident firm; and(b) Shall apply the preference to the proposal from the resident firm that is most advantageous to the resident firm.(3) If, when making a determination of qualification under a qualification-based selection, a unit determines that a proposal from a resident firm and a proposal from a nonresident firm are equally qualified, the unit may apply a preference to the proposal from the resident firm. (4) A unit may not apply a preference to a proposal submitted by a resident firm if the resident firm does not submit the certification required under §B(2) of this regulation at the same time that it submits the proposal.Md. Code Regs. 21.05.01.04-1
Regulations 04-1 adopted effective 46:14 Md. R. 621, eff. 7/15/2019