# Subtitle 10A. Purchasing

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Subtitle 10A. Purchasing

### Division 1. Administrative Procedures

#### Sec. 10A-101. Definitions

Prince George's County, Md., Code § 10A-101 (2026)

(a) The words defined in this Section shall have the meanings set forth below whenever they appear in this Subtitle unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision.

  (1) African American Business Enterprise ("AABE") means any business enterprise:

    (A) Which is at least fifty-one percent (51%) owned by one or more African Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more African Americans; and

    (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more African Americans; and

    (C) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

  (1.1) Agency means any department, agency, board, commission, or any other unit of the County government or any agency which:

    (A) Receives funding from County funds; or

    (B) Is made subject to County procurement law by any local, State, or Federal law.

  (1.2) Asian-American and Pacific Islander Business Enterprise ("AAPIBE") means any business enterprise:

    (A) Which is at least fifty-one percent (51%) owned by one or more Asian-Pacific Americans or Subcontinent Asian Americans (hereinafter "Asian-American and Pacific Islander Americans"), or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Asian-American and Pacific Islander Americans; and

    (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more Asian-American and Pacific Islander Americans; and

    (C) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

  (2) Award means the decision by the Purchasing Agent or the Purchasing Agent's designee to execute a purchase agreement or contract after all necessary approvals have been obtained, including final approval and signature by the authorized signatory for the County.

  (2.1) Best value means the basis for awarding contracts which optimizes weighted factors such as quality, cost, diversity, and performance, among responsive and responsible offerors. Such basis shall reflect, whenever possible, objective and quantifiable analysis and "best value" criteria shall be prescribed and predetermined in the Request for Proposals.

  (3) Broker means generally a person or business entity that operates predominantly as a middle man and sells goods and services on a pass-through basis, as set forth in the regulations.

  (4) Business means any association, corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

  (4.1) Certified County-based business participation means the percentage of the total contract dollars paid to businesses certified as County-based businesses.

  (4.2) Certified County-based minority business enterprise participation means the percentage of total contract dollars paid to County-based businesses certified as minority business enterprises by the Supplier Development and Diversity Division.

  (4.3) Certified County-based small business participation means the percentage of total contract dollars paid to businesses certified as County-based small businesses.

  (4.4) Certified County-located business participation means the percentage of total contract dollars paid to businesses certified as County-located businesses.

  (4.5) Certified minority business enterprise participation means the percentage of total contract dollars paid to businesses certified as minority business enterprises by the Supplier Development and Diversity Division.

  (4.6) Certified sheltered workshop means an agency that is:

    (A) Organized under the laws of the United States or the State of Maryland;

    (B) Certified as a sheltered workshop by the Wage and Hour Division of the United States Department of Labor;

    (C) Accredited by the Division of Vocational Rehabilitation of the Maryland Department of Education;

    (D) Operated in the interest of individuals who have a mental or physical disability, including blindness, that constitutes a substantial handicap to employment and prevents the individual from engaging in normal competitive employment; and

    (E) The net income of which does not inure wholly or partially to the benefit of any shareholder or other non-disabled individual.

  (5) Change order means a written order signed by the Purchasing Agent or the Purchasing Agent's designee, directing the contractor to make changes which the Changes Clause of the contract authorizes the Purchasing Agent to order without the consent of the contractor.

  (5.1) Commercial product means an item that is customarily used by the public or by non-governmental entities for purposes other than governmental and is offered for sale in the commercial marketplace.

  (5.2) Commercial service means a service of a type offered for sale, used by the public or by non-governmental entities.

  (5.3) Commercially Available Off-the-Shelf (COTS) item means a commercial product sold in substantial quantities in the commercial marketplace and offered to the County without modification in the form in which it is sold in the marketplace.

  (6) Commission means the Minority Business Opportunities Commission.

  (6.1) Commodity means any equipment, materials, or supplies. It does not include services, including, but not limited to, construction and professional services.

  (7) Conditional suspension means an administrative action by the Purchasing Agent disqualifying a person for reasons of unsatisfactory performance or default on County contracts from either bidding or submitting proposals on County contracts, acting as a supplier of goods or services on procurement, or acting as a subcontractor on a County contract until the disqualified person:

    (A) Complies with specified conditions;

    (B) Corrects specified defects affecting performance or ability to perform; or

    (C) Takes action to cure the conditions leading to the conditional suspension.

  (8) Construction means the process of building, altering, or improving any public road, bridge, structure, building, or other public improvements of any kind to any public real property. It does not include the routine operation, repair, or maintenance of existing structures or buildings.

  (9) Construction management services means services performed by a person who is experienced in construction and has the ability to evaluate and to implement plans and specifications as they affect time, cost, and quality of construction and the ability to coordinate the design and construction of a project, including the administration of change orders.

  (10) Contract means any written agreement or order for the purchase or disposal of supplies, services, construction, insurance, or any other item. It includes, but is not limited to, contracts of a fixed price, cost reimbursement, cost plus a fixed fee, or incentive type; contracts providing for the issuance of job or task orders; grants; leases; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

  (10.1) Contract Compliance Unit refers to the unit within the Office of Central Service that is responsible for monitoring the contracting activity of all agencies that procure goods and services through the Office of Central Services.

  (11) Contract modification means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It includes bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

  (12) Contractor means any business or person having a written contract with the County.

  (13) County-based business means a business whose principal place of operation is located within Prince George's County, that meets the requirements of Section 10A-163(a), and whose application for certification as a County-based business is approved by the Purchasing Agent. Principal place of operation shall be determined by factors as set forth in the regulations. County-based small businesses and County-based minority business enterprises are County-based businesses in accordance with Section 10A-163 of this Subtitle.

  (13.1) County-based business preference means a business preference given to a bid or proposal pursuant to Section 10A-160.

  (13.2) County-based minority business enterprise means a business that is both:

    (A) a minority business enterprise as certified by the Supplier Development and Diversity Division; and

    (B) a County-based business in accordance with Section 10A-163 of this Subtitle.

  (13.3) County-based small business means a business that:

    (A)

      (i) meets the requirements of Section 10A-163(b) of this Subtitle and

      (ii) whose application for certification as a County-based small business is approved by the Purchasing Agent; or

    (B) is a County-based minority business enterprise that meets the requirements of Section 10A-163(g) of this Subtitle.

  (13.4) County-located business means a business, subject to certification by the Prince George's County Office of Procurement in accordance with Section 10A-174, that;

    (A) has a County Office, but is not a County-based business; and

    (B) either:

      (i) has at least five (5) employees or independent contractors in the County Office for the full duration of the County Office's lease; or

      (ii) has at least three (3) employees or independent contractors, with at least two (2) of the employees or independent contractors being County Residents, for the full duration of the County Office's lease.

  (13.5) County or the County means Prince George's County, Maryland.

  (13.6) County agency means any department, office, division, administrative unit, or agency of the Prince George's County government or any other entity created or authorized to be created, whether expressed or implied, by the Charter or the Code, including any council, board, bureau, commission, institution, tribunal, government corporation, public authority, or other instrumentality thereof or thereunder.

  (14) County funds means any monies received by the County or appropriated or approved by the Council or to which the County may at any time have legal or equitable title.

  (14.1) County Office means a place of operation of a business which is physically located within the County as evidenced by proof of ownership interest or a lease in which the business is obligated for at least one (1) year.

  (14.2) County resident means a citizen or legal resident whose primary residence and domicile is within Prince George's County, MD.

The County Executive, the County Executive's designee, and the Purchasing Agent are authorized to verify a person's County residency status pursuant to this definition in relation to Division 7 of this Subtitle.

(15) Debarment means the action whereby a prospective bidder or offeror or contractor is barred from participating in County procurement-related activities for a specified period of time pursuant to the requirements of this Subtitle.

(16) Designee means a duly authorized representative of a person holding a specified position. Such authorization shall be in writing.

(16.1) Disadvantaged business means a for-profit small business concern: (A) that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and (B) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

(16.2) Domicile means the place of a person's true, fixed, permanent home, without any present intention of completely abandoning that home, and to which the person has the intention of returning whenever absent. Domicile does not include a temporary dwelling unless there is a present intention to abandon permanently or indefinitely the former domicile.

(17) Emergency shall mean a situation resulting from unexpected or unanticipated events which requires immediate action to maintain or restore existing levels of essential public services; to preserve or prevent further deterioration of public property; to provide temporary food, clothing, or shelter to disaster victims; or to prevent damage to property or preserve life or safety. This includes an occurrence or condition that creates an immediate and serious need for services that cannot be met through normal procurement methods and are required to avoid or mitigate serious damage to public health, safety, or welfare.

(18) Employee means any classified or exempt service employee of the County and any County elected official.

(19) Established catalog or market price means the price included in the most current catalog, price list, schedule, or other form that:

  (A) Is regularly maintained by the manufacturer or vendor of an item;

  (B) Is either published or otherwise available for inspection by customers; and

  (C)

    (i) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that time; or

    (ii) States discounted prices at which sales are currently or were last made to local, state, or Federal agencies.

(20) Reserved.

(21) Executive Director means the Executive Director of the Supplier Development and Diversity Division of the Office of Procurement.

(22) Improper conduct includes, by way of example and not limitation, intentional billing irregularities, allocating costs from firm fixed-price contracts to cost-reimbursement contracts, submitting false claims, causing competition to be restrained or limited, misrepresentation, involving falsely claiming to be a minority business enterprise, indictment for any of the above causes, or indictment for offenses specified in Division 6, Subdivision 8, when the indictment is the result of alleged misconduct in connection with a County bid, proposal, or contract.

(23) Invitation for Bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in Section 10A-112 of this Subtitle.

(23.1) Labor organization means an organization, as defined under federal labor law, 29 U.S.C. § 152(5), which represents employees in the construction trades for purposes of collective bargaining and has the present ability to refer and supply trained, qualified construction craft personnel in sufficient numbers to adequately staff construction projects.

(23.2) Latino Business Enterprise ("LBE") means any business enterprise:

  (A) Which is at least fifty-one percent (51%) owned by one or more Hispanic Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Hispanic Americans; and

  (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more Hispanic Americans; and

  (C) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(24) Letter contract means the written preliminary contractual document that authorizes the contractor to begin a portion of the agreed-upon services immediately. A letter contract is always associated with a definitive contract and can never be the sole document used to complete a procurement.

(24.1) Locally-owned and Operated Business means any County-based business:

  (A) Which is at least fifty-one percent (51%) owned by one or more County residents, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more County residents; and

  (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more County residents; and

  (C) Which has been certified by the Supplier Development and Diversity Division as a County-based business, County-based small business, and/or County-based minority business enterprise pursuant to Division 7 of this Subtitle.

(25) Maryland-based business means a business whose principal place of operation is located within the State of Maryland. Principal place of operation shall be determined by factors as set forth in the regulations.

(25.1) Micro-purchase threshold means the maximum dollar amount, as established by the Purchasing Agent through regulation, at or below which a procurement, currently set at five thousand dollars ($5,000) may be conducted with minimal formalities. This includes purchases through the County's purchase card program.

(26) Minority business enterprise means any business enterprise:

  (A) Which is at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals; and

  (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more minority individuals; and

  (C) Which has been certified by the Supplier Development and Diversity Division as a Minority Business Enterprise pursuant to Division 6 of this Subtitle.

(27) Minority individuals are those who have been subjected to prejudice or cultural bias because of their identity as a member of a group in terms of race, color, ethnic origin, or gender, without regard to their individual capabilities. Minority individuals are limited to members of the following groups:

  (A) African Americans (Black Americans), which includes persons having origins in any of the Black racial groups of Africa;

  (B) Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;

  (C) Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;

  (D) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

  (E) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;

  (F) Females, regardless of race, ethnicity or origin; and

  (G) Veterans and Service Disabled Veterans.

(27.1) Native American Business Enterprise ("NABE") means any business enterprise:

  (A) Which is at least fifty-one percent (51%) owned by one or more Native Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Native Americans; and

  (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more Native Americans; and

  (C) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(28) Negotiation means contracting by any of the methods set forth in Sections 10A-113, 10A-114, and 10A-115.

(28.1) Non-developmental item means an item that is already developed, at private expense, that is or has been offered for sale, or otherwise has been sold, used, or maintained by non-governmental entities.

(28.2) Open market means an unrestricted competitive market in which any buyer and seller is free to participate, which shall include, but not limited to, direct relationship purposes.

(29) Participation Agreement means an agreement entered by the County and a developer pursuant to Section 10A-141 of this Subtitle wherein the County contributes funds for the construction of regional stormwater management facilities or road improvements to be constructed by or contracted by the developer.

(29.1) Performance-Based Contracting means utilizing objective criteria or measurements, as determined by the Purchasing Agent, for determining whether a contractor is adequately performing the requirements and specifications of the contract, in accordance with the authority granted to the Purchasing Agent under 10A-103 of this Subtitle.

(30) Procure means to buy, rent, lease, lease-purchase, or otherwise obtain any supplies, services, or construction. Procurement (or a procurement) is the noun form of this term. It includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, and preparation, award and execution of contract. The term does not include the making of any grant or donation.

(30) Reserved.

(31) Procurement Officer means any person authorized by the Director of the Office of Procurement, as Purchasing Agent, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make determinations and findings with respect thereto. The term shall also include individuals subordinate to the Purchasing Agent acting within the limits of their delegated procurement authority. This authority shall be designated in writing by the County's Director of Procurement, in his/her capacity as Purchasing Agent, for such period of time as shall be stated in the written designation.

(31.1) Project Labor Agreement means a pre-hire collective bargaining agreement with labor organizations that includes the minimum contract terms and conditions of employment for a construction project in excess of One Million Dollars ($1,000,000).

(32) Proposal Analysis Group (PAG) is an issue specific group which is responsible for defining requirements evaluating responses and recommending the highest evaluated proposers to the Director of the Office of Procurement, as Purchasing Agent.

(32.1) Public benefit means contracts, grants, conditional loans, tax abatements, land transfers for public redevelopment, or tax increment financing from a County agency or the County government. This definition also includes grants or conditional loans from a third party that receives more than 50% of its annual budget in the most recent fiscal year from funds received from or administered by a County agency or the County government and indirect grants or conditional loans from a County agency or the County government that are facilitated by a third party. This definition does not include funds from the Community Development Block Grant ("CDBG") program or tax credits awarded under Subtitle 10 of the Code. The application of this definition is subject to the restrictions of federal and state law.

(33) Purchase request means that mechanism whereby an agency requests that a contract be obtained for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation of solicitation, suggested sources of supply, and information supplied for the making of any determination and finding required pursuant to any applicable provision of this Subtitle.

(34) Purchased item means any supply, service, printing, insurance policy or coverage, construction, or any other item purchased by this County.

(35) Purchasing Agent means the Director of the Office of Procurement.

(35.1) Quotation means a written or electronic offer by a vendor to furnish goods, services, or construction under specified terms.

(36) Request for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in Section 10A-113 of this Subtitle.

(37) Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good-faith performance.

(38) Responsive bidder or offeror means one who has submitted a bid or proposal which conforms in all material respects to the solicitation and complies with the applicable provisions of Division 7 of this Subtitle.

(39) Reserved.

(39.1) Sheltered market program means a program under which certain contracts are designated by the County Purchasing Agent for procurement from one or more classes of vendors.

(39.2) Simplified Procurement Procedures means streamlined methods of procurement established by the Purchasing Agent for the purchasing of commercial supplies, services, or construction. These procedures may include the use of purchase orders, written or oral quotations, blanket purchase agreements, purchasing cards, and other methods authorized by the Purchasing Agent.

(39.3) Small business concern means a small business concern as defined pursuant to Section 3 of the Small Business Act and United States Small Business Administration regulations implementing it at 13 CFR Part 12.1, that also does not exceed the cap on average annual gross receipts specified in United States Department of Transportation Regulations 49 at CFR 26.65(b).

(39.4) Small Purchase means procurement of goods, services, or construction not exceeding the threshold established by the Purchasing Agent pursuant to regulation.

(39.5) Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is—

  (A) Any individual who the Purchasing Agent finds to be a socially and economically disadvantaged individual on a case-by-case basis.

  (B) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:

  (C) "Black Americans," which includes persons having origins in any of the Black racial groups of Africa;

  (D) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

  (E) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;

  (F) "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;

  (G) "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;

  (H) Women;

  (I) Any additional groups whose members are designated as socially and economically disadvantaged by the United States Small Business Administration, at such time as the United States Small Business Administration designation becomes effective.

(40) Solicitation means any request of the County to enter into a contract.

(41) Supplemental agreement means any contract modification which is accomplished by the mutual action of the parties.

(41.1) Supplier Development and Diversity Division means the Supplier Development and Diversity Division of the Office of Procurement or its designee as determined by the Purchasing Agent.

(42) Supplies means all tangible and intellectual property except real property or any interest in real property.

(43) Unsatisfactory performance means establishing a record of poor performance or default on one or more contracts for construction, services, supplies, architectural and engineering services, construction-related services, or maintenance, including, but not limited to, overshipments, undershipments, providing damaged or defective goods, making unauthorized substitutions, billing errors, or service deficiencies. The term includes intentional failure, without good cause, to perform in accordance with the specifications or time limits provided in a contract, or a record of failure to perform, or of poor performance in accordance with the terms of one or more contracts, unless the failure to perform or the poor performance was caused by acts beyond the control of the person.

(44) Using agency means any County agency which utilizes any supplies, services, or construction procured under this Subtitle.

(45) Veteran Business Enterprise ("VBE") means any business enterprise:

  (A) Which is at least fifty-one percent (51%) owned by one or more Americans who are Veterans and/or Service Disabled Veterans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Veterans and/or Service Disabled Veterans; and

  (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more Veterans and/or Service Disabled Veterans; and

  (C) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(46) Women's Business Enterprise ("WBE") means any business enterprise:

  (A) Which is at least fifty-one percent (51%) owned by one or more Female Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Female Americans; and

  (B) Whose general management and daily business affairs and essential productive operations are controlled by one or more Female Americans; and

  (C) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

#### Sec. 10A-102. Construction; purposes

Prince George's County, Md., Code § 10A-102 (2026)

(a) Unless otherwise indicated, this Subtitle shall be liberally construed and applied to promote the underlying purposes and policies specifically enumerated herein.

(b) The underlying purposes and policies of this Subtitle are, among others, to:

  (1) Facilitate the timely delivery of quality public services;

  (2) Provide for public confidence in the procedures followed in public procurement;

  (3) Ensure the fair and equitable treatment of all persons who deal with the procurement system of this County;

  (4) Simplify, clarify, and modernize the law governing procurement by this County;

  (5) Permit the continued development of procurement regulations, policies, and practices;

  (6) Provide economy in County procurement activities and to maximize to the fullest extent the purchasing power of the County;

  (7) Promote and encourage full and active participation of the Minority Business Enterprise community in the procurement system of the County; and

  (8) Provide safeguards for the maintenance of a procurement system of quality and integrity.

#### Sec. 10A-103. Centralization of contractual authority

Prince George's County, Md., Code § 10A-103 (2026)

(a) All rights, powers, duties, and authority relating to the acquisition of supplies, construction, services, printing, and insurance now vested in or exercised by any County agency under the several statutes relating thereto, are the responsibility of the Purchasing Agent as provided herein.

(b) General Powers of the Purchasing Agent. The Purchasing Agent shall have power and authority over, and shall adopt regulations consistent with this Subtitle, governing the procurement services, construction, insurance, and other items required to be procured by the County.

(c) No agency shall, during any fiscal year, expend or contract to expend any money or incur any liability or enter into any contract which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated or allotted for the same general classification of expenditure in the budget for such fiscal year, or in any supplemental appropriation as hereinabove provided; and no such payment shall be made nor any obligation or liability incurred.

(d) Except as provided herein or pursuant to authorization by executive order of the County Executive, it shall be unlawful for any County official, elected or appointed, or any employee or person to make, amend, modify, suspend, or terminate any contract or letter contract governed by this Subtitle on behalf of the County other than through the Purchasing Agent; and any such purchase, contract, or letter contract made or changed contrary to the provisions hereof may be declared void by the County.

#### Sec. 10A-104. Authority and duties of the Purchasing Agent

Prince George's County, Md., Code § 10A-104 (2026)

(a) The Purchasing Agent shall have the following specific authorities and responsibilities:

  (1) To sign contracts and agreements for all supplies, services, and construction for which payment, in whole or in part, is to be made out of County funds;

  (2) To establish and maintain, after consultation with the appropriate County officials, a program for the development and use of procurement specifications and standards for all supplies, materials, and equipment and the inspection and testing of all supplies, services, and construction to insure compliance with such specifications and standards;

  (3) To establish and maintain a system of requisitions and receipts concerning the furnishing of supplies, services, and construction to County agencies;

  (4) To participate in joint or cooperative procurement with other public jurisdictions;

  (5) To maintain records and reports of all procurement activities of the County;

  (6) To delegate limited procurement authority to County employees, to include Office of Procurement staff and external agency personnel, pursuant to procedures issued by the Purchasing Agent as may be deemed necessary for the efficient operation of the County's purchasing program;

  (7) To appoint procurement officers who shall be employees selected in accordance with Subtitle 16 of this Code;

  (8) To appoint a contract review committee as defined by the regulations; and

  (9) The review of and decision on contract claims arising under Section 10A-107.

  (10) The review of and decision on Emergency Procurements.

#### Sec. 10A-105. Regulations and procedures

Prince George's County, Md., Code § 10A-105 (2026)

(a) The Purchasing Agent is hereby empowered to issue such procurement regulations and procedures as the Purchasing Agent may deem necessary or appropriate to implement any provision of this Subtitle. Except as otherwise expressly provided in this Subtitle or otherwise required by law, any procurement regulation or procedure issued by the Purchasing Agent shall take effect at such time as designated by the Purchasing Agent and shall be binding upon all persons.

(b) Except as otherwise provided under Division 6, Subdivision 1 of this Subtitle, regulations shall be recommended by the Purchasing Agent for approval by County Council resolution governing the following to carry out the purposes of this Subtitle:

  (1) Sole source procurements;

  (2) Emergency procurements; and

  (3) Special circumstance procurements.

(c) Amendments to any approved rule or regulation on any matter governed by Subsection (b) may only be recommended by the Purchasing Agent to the County Council for its approval by resolution.

(d) Notwithstanding this Section, on an annual basis, the Purchasing Agent shall evaluate the need for amendments to any approved rule or regulation. Such determinations shall be reviewed and approved by the County Executive or designee and submitted to the County Council.

(e) Any modification to the procurement process involving any type of procurement through means such as a memorandum or interim regulation shall require written notice to the County Council.

(f) The Purchasing Agent, or their designee, shall conduct investigations for the purposes of ensuring compliance with the procurement regulations and procedures set forth in Subsection (a) by all Contractors, and take action pursuant to Section 10A-151.

(g) Simplified Procurement Procedures.

  (1) For procurements determined to involve commercial products or commercial services (as defined in Section 10A-101), the County shall apply streamlined solicitation procedures and contract terms. Specifications shall favor performance or function-based descriptions over detailed design or excessive technical specificity, when commercial items or services can satisfy the requirement.

  (2) Procurement of commercial products/services may allow fewer formalities: abbreviated solicitations, more rapid turnaround, and simplified evaluation criteria or documentation, consistent with fairness and County law.

  (3) Misuse of commercial acquisition procedures, including misclassification of non-commercial requirements as commercial to avoid required procedures, failure to conduct required market research, or inclusion of unnecessarily burdensome contract clauses, may subject the procurement to corrective review.

(h) Market Research Requirement. Market research should be conducted for all procurements. The results of such market research shall be documented and maintained with all contract files and purchase card records.

(i) Acceptance, Warranty, and Termination. For commercial procurements, contract terms for acceptance, warranty, and termination may follow customary commercial practice unless the County determines that additional protections are required due to risk, urgent need, or public interest.

(j) Training and Guidance. The Purchasing Agent shall develop and make available guidance materials and provide training for County procurement staff in applying commercial acquisition principles, including how to make commercial determinations, conduct market research, prepare performance-based specifications, and tailor contract terms and requirements.

(k) Micro-purchases.

  (1) For purchases not exceeding the micro-purchase threshold (as defined in Section 10A-101), County agencies may employ minimal formality procedures, including the use of purchase cards and written quotes while maintaining accountability.

  (2) Such regulations shall include appropriate requirements for County-based small business and minority business participation but shall not require competition.

#### Sec. 10A-106. Determinations, Award Notice and Debriefings

Prince George's County, Md., Code § 10A-106 (2026)

(a) Each determination or decision on any matter required by the provisions of this Subtitle to be in writing shall be based upon written findings of the Procurement Officer or the Purchasing Agent making the determination or decision and shall be retained in the official contract file.

(b) Every bidder or offeror shall be given written notice of the procurement award, from the responsible Procurement Officer or the Purchasing Agent pursuant to Sections 10A-112, and 10A-113 of this Subtitle within seven (7) calendar days after procurement award.

(c) No later than forty-five days after an award is fully executed, an unsuccessful bidder or offeror, upon written request to the Purchasing Agent or the responsible Procurement Officer, is entitled to a post-award debriefing for a procurement awarded pursuant to Section 10A-112 or 10A-113 of this Subtitle. The responsible Procurement Officer or the Purchasing Agent shall make a good faith effort to schedule such a debriefing within forty-five (45) calendar days after receipt of the written request for debriefing, provided that the responsible Procurement Officer or Purchasing Agent may schedule the debriefing beyond forty-five (45) calendar days of the request to accommodate a large number of concurrent requests.

(d) All notices of award decisions for procurements subject to Sections 10A-112 or 10A-113 of this Subtitle shall contain a notice informing bidders or offerors of the right to a debriefing in accordance with the time constraints of this Section.

(e) No request for debriefing may be granted prior to the issuance of a fully executed contract awarded as defined in Section 10A-101 of this Subtitle.

(f) The Purchasing Agent may adopt regulations, subject to approval of such regulations by resolution of the County Council, to further implement this Section. The Purchasing Agent may also require vendors to register with the County's enterprise resource planning (ERP) system to facilitate compliance reporting and general data management.

#### Sec. 10A-107. Contract claim and dispute resolution

Prince George's County, Md., Code § 10A-107 (2026)

(a) All disputes concerning any decision by the Purchasing Agent and protests of bidders or offerors shall be timely submitted in writing to the Purchasing Agent and resolved in accordance with regulations to be issued by the Purchasing Agent consistent with this Section. The determination of the Purchasing Agent on any dispute, after compliance with said regulations, shall be made in writing.

(b) The Purchasing Agent shall designate a contract administrator for all contracts. The contract administrator shall be independent and not otherwise involved in the sourcing contract award or contract management of the subject contract to be administered.

(c) Any claim or dispute arising under a contract shall be submitted in writing by the contractor to the contract administrator for a decision. Within seven (7) days of receipt of the claim or dispute, the contract administrator shall advise the contractor that an informal hearing will be held within thirty (30) days, or that the contract administrator will make a final written decision on the record within sixty (60) days for claims or disputes valued under $10,000, or within ninety (90) days for claims or disputes valued over $10,000. If an informal hearing is held, the contract administrator shall render a final written decision on a claim or dispute valued under $10,000 within sixty (60) days after the hearing, and for claims or disputes valued over $10,000 within ninety (90) days after the hearing. The written decision of the contract administrator shall contain findings of fact. The failure to render a final written decision within the time periods set forth above may, at the discretion of the contractor, be treated as a denial of the claim or dispute and is a final decision for purposes of appeal.

(d) The contractor may appeal the final decision of the contract administrator to the Purchasing Agent. The appeal must be filed in writing with the Purchasing Agent within thirty (30) days after receipt of the contract administrator's final decision. The written appeal must be filed in accordance with regulations established by the Purchasing Agent.

(e) After a review of the information submitted to the contract administrator, the final written decision of the contract administrator, and the contractor's written appeal, the Purchasing Agent shall decide the appeal on the record, in writing, for claims or disputes valued under $100,000 within ninety (90) days after receipt, and for claims or disputes valued over $100,000 within one hundred twenty (120) days after receipt, stating all findings of fact. The failure of the Purchasing Agent to render a final written decision within the time limits provided herein may, at the discretion of the contractor, be treated as a denial of the claim and is a final decision for purposes of appeal.

(f) The contractor may appeal the final decision of the Purchasing Agent to an independent hearing examiner, who will hear the appeal on the record, or appeal directly to the Circuit Court for Prince George's County, Maryland. The independent hearing examiner shall make written findings of fact. The decision of the independent hearing examiner may be appealed to the Circuit Court by any party to the appeal. Any appeal to the Circuit Court shall be on the record pursuant to the Maryland Rules of Procedure concerning administrative appeals. Any party to the Circuit Court proceeding may appeal the decision of the Circuit Court to the Court of Special Appeals of Maryland, pursuant to the Maryland Rules of Procedure.

(g) Notwithstanding any time requirements provided in this Section, the parties to a contract may agree to extensions of such time requirements.

#### Sec. 10A-108. Exemptions

Prince George's County, Md., Code § 10A-108 (2026)

(a) Unless otherwise ordered by the Purchasing Agent, the acquisition of the following supplies and services shall not be subject to Divisions 2, 6, and 7:

  (1) Regulated public utilities;

  (2) Supplies for resale to the public;

  (3) Works of art for museum and public display;

  (4) Published books, maps, periodicals, newspapers, and technical pamphlets;

  (5) Recreational lands and rights-of-way;

  (6) Conference, seminar, and training fees;

  (7) Visiting speakers, professors, and performing artists;

  (8) Acquisition of interests in real property;

  (9) Memberships, dues, and fees for conference and seminars and associated or similar expenses;

  (10) Training courses and materials provided by accredited institutes of learning;

  (11) Construction projects meeting the requirements of Division 6, Subdivision 2, of this Subtitle;

  (12) Employee relocation;

  (13) Experts or specialists employed under Section 902 of the Charter;

  (14) Grants;

  (15) Employment Contracts.

  (16) Purchases that do not exceed five thousand dollars ($5000).

  (17) Services or goods that are to be provided by another government agency or government.

  (18) Media (broadcasting and publishing)

  (19) Venue Rentals

  (20) The Purchasing Agent determines that competitive solicitation procedures are not applicable to the requirements or are impracticable for the particular supplier and/or services.

(b) This Section does not excuse compliance with the basic policy of obtaining maximum competition consistent with the needs of the occasion, to the end that all purchases will be made in the best interest of the County, supplier diversity, price, and other factors considered. All purchases pursuant to this Section should consider preference for county-based small business, county-based business, County-based minority business enterprise and County-located business.

(c) This Subtitle does not apply to any procurement or contract to the extent of any conflict with:

  (1) A Federal or State law, regulation, assistance instrument, or other requirement governing the procurement or contract; or

  (2) The terms of any grant to the County.

#### Sec. 10A-109. Relationship with using agencies

Prince George's County, Md., Code § 10A-109 (2026)

To facilitate the missions and objectives of using agencies, the Purchasing Agent shall maintain a close and cooperative relationship with all agencies which use the supplies or services resulting from contracts entered into pursuant to this Subtitle.

#### Sec. 10A-110. Conflict of interest; ethics

Prince George's County, Md., Code § 10A-110 (2026)

(a) No officer or employee of the County, whether elected or appointed, shall in any manner whatsoever be interested in, or receive any benefit from, the profits or emoluments of any contract, job, work, or service for the County. No such officer or employee shall accept any service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally from any person, firm, or corporation having dealings with the County; nor shall he receive, directly or indirectly, any part of any fee, commission, or other compensation paid or payable by the County unless exempted by the provisions of the Charter of Prince George's County. Any contract made in violation of this provision may be declared void by the County Executive or by Resolution of the Council. The Purchasing Agent may issue policies in furtherance of the intent of this Section.

(b) In furtherance of this provision, all invitations to bid and written quotation requests, formal or otherwise, shall include the following provisions:

  "Upon the request of the Purchasing Agent, as a prerequisite for the payment pursuant to the terms of this contract, there shall be furnished to the County a statement, under oath, that no member of the elected governing body of Prince George's County, or members of his or her immediate family, including spouse, parents or children, or any person representing or purporting to represent any member or members of the elected governing body has received or has been promised, directly or indirectly, any financial benefit, by way of fee, commission, finder's fee, political contribution, or any other similar form of remuneration and/or on account of the acts of awarding and/or executing the contract and that upon request by the County, as a prerequisite to payment pursuant to the terms of this contract, there will be furnished to the requester, under oath, answers to any interrogatories related to a possible conflict of interest as herein embodied. Any contract made or entered into where it is discovered that violation of the intent of this provision exists shall be declared null and void and all monies received by the contractor shall be returned to the County."

  "Whenever any person shall be convicted of falsely executing a statement under oath, as required above, such person shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not exceeding six (6) months, or both such fine and imprisonment."

### Division 2. Award of Contracts

#### Sec. 10A-111. Methods of awarding contracts

Prince George's County, Md., Code § 10A-111 (2026)

(a) Except as otherwise authorized by law, all County contracts shall be awarded by:

  (1) Competitive sealed bidding;

  (2) Competitive proposal process;

  (3) Contract negotiation; or

  (4) Small purchase procedures.

  (5) Simplified procurement procedures

(b) No contract or purchase shall be subdivided to avoid the requirements of this Subtitle.

(c) If a bidder or offeror subcontracts any portion of a County Contract, a written contract between the contractor and subcontractor shall be submitted prior to the award of the County Contract.

#### Sec. 10A-112. Competitive sealed bidding

Prince George's County, Md., Code § 10A-112 (2026)

(a) Except as provided otherwise by this subtitle, the purchase of supplies or services may be accomplished through competitive sealed bidding when the Purchasing Agent or designee determines that competitive sealed bidding is a reasonable method of awarding a contract, with the contract being awarded to the lowest responsive, responsible bidder.

(b) The Purchasing Agent shall give public notice of procurements conducted by competitive sealed bidding through any means deemed reasonably acceptable by the Purchasing Agent, which may include, but not be limited to, advertising in a County newspaper or posting on a website, for a sufficient time prior to the date set forth therein for the public opening of bids or the procurement shall be rendered void.

  (1) As a courtesy, the Purchasing Agent or responsible Procurement Officer shall also give electronic public notice of any procurement conducted by competitive sealed bidding to

    (A) All County-based businesses and County-located businesses, as defined by this Subtitle, who provide services or supplies that would be responsive to the procurement; and

    (B) A designated representative of the Prince George's Chamber of Commerce, Greater Prince George's Business Roundtable, and the Prince George's Community College.

  (2) The Purchasing Agent shall set forth procedures for public notices in regulations.

(c) Nothing in this Subtitle shall preclude the County from accepting a voluntary reduction in price from the successful bidder; in such an instance, terms, conditions, specifications, or quantities from the solicitation shall remain binding upon the bidder.

(d) In the event that all bids exceed the funds available for the purchase or if the Purchasing Agent or the Procurement Officer determines that all bids are unreasonable, the scope, specifications, or conditions of the purchase may be reduced or modified, and revised bids may be solicited from all responsive and responsible bidders that responded to the initial solicitation. In such instance, the revised solicitation is not subject to the public notice requirement of paragraph (b) of this Section. If either no bid or only one bid is received from a responsive and responsible bidder in response to solicitation conducted by competitive sealed bidding the scope, specifications, or conditions of the purchase may be modified and new bids may be solicited. In this instance public notice shall be given pursuant to paragraph (b) of this Section.

(e) In determining the lowest responsible and responsive bidder for a procurement contract solely for the purchase of a commodity, excluding any procurement of services (including, but not limited to, construction and professional services), the Purchasing Agent shall adjust the bid or proposal price(s) submitted by a County-based minority business enterprise or a minority business enterprise as certified by the Supplier Development and Diversity Division, for the purposes of evaluation and award only, by reducing the bid price(s) of such firm by the application of bonus factors according to the following schedule:

  | BID OF LOWEST RESPONSIVE BIDDER | MINORITY BUSINESS ENTERPRISE | PRINCE GEORGE'S BASED MINORITY BUSINESS ENTERPRISE BONUS FACTOR |
  | --- | --- | --- |
  | Factored by: | .05 | .15 |

(f) Multi-Step Bid.

  (1) Competitive procurements may be awarded using a Multi-Step method consisting of a combination of competitive procedures designed to obtain the benefits of sealed bidding when the Purchasing Agent or designee determines that a Multi-Step method is a reasonable or practical method of awarding a contract.:

  (2) A Multi-Step solicitation shall request separately sealed technical and price proposals.

  (3) The Multi-Step method is conducted in two steps:

    (A) Step one consists of the request for submission, evaluation, and (if necessary) discussion of a technical proposal. No pricing is involved. The objective is to determine the acceptability of the supplies or services offered. As used in this context, the word "technical" has a broad connotation and includes, among other things; the approach and methodology, qualifications and experience, and any special processes or techniques. It is the proper step for clarification of questions relating to technical requirements. Conformity to the technical requirement is resolved in this step.

    (B) Step two involves the evaluation of sealed priced bids by those who submitted acceptable technical proposals in step one. Bids submitted in step two are evaluated and the awards made in accordance with this Section 10A-112.

(g) When a procurement qualifies under simplified procurement procedures per Section 10A-105(g), the solicitation may:

  (1) Use performance or function-based specifications rather than detailed technical design;

  (2) Allow offerors to propose commercial items that meet functional requirements;

  (3) Include only necessary contract clauses customary in commercial practice; and

  (4) Shorten submission periods, reduce number of required solicitations, as regulation allows, provided fairness and transparency are maintained.

#### Sec. 10A-113. Competitive proposal process

Prince George's County, Md., Code § 10A-113 (2026)

(a) When the Purchasing Agent determines that competitive sealed bidding is not practical or not advantageous to the County, a contract may be awarded based upon a competitive proposal process.

(b) Competitive proposals may be solicited by a Request for Proposals, Request for Quotation, or a Request for Qualifications, along with such additional content as may be deemed appropriate by the Purchasing Agent or designee. Request for Proposals, Request for Quotation, or a Request for Qualifications may be awarded on a Best Value basis and may state the relative importance of price and other evaluation factors. Price may not be the sole evaluation factor. Numerical ratings may be used at the discretion of the Purchasing Agent.

(c) Public notice of the Requests for Proposals, Request for Quotation, or a Request for Qualifications shall be given in the same manner as public notice for competitive bids.

(d) The Purchasing Agent may request of the head of the using agency and any other County agency that a representative of such agency be designated to serve on a Proposal Analysis Group (PAG) to assist the Purchasing Agent in the evaluation of proposals in response to the Request for Proposals and to make recommendations to the Purchasing Agent as to which proposal is most advantageous to the County.

(e) Before proposals are received, the Purchasing Agent or designee may conduct a preproposal conference with all potential offerors for the purpose of assuring full understanding of the using agency's requirements, as described in the Request for Proposals, Request for Quotation, or a Request for Qualifications. All such offerors shall be accorded fair and equal treatment with respect to this conference.

(f) The Purchasing Agent or designee and the proposal analysis group may not disclose to a competing offeror any information derived from a proposal of, or from interviews with, another competing offeror.

(g) Proposals and best and final offers are irrevocable for the period specified in the Request for Proposals or any request for best and final offers, except that the proposal may be withdrawn or corrected as provided in regulations issued by the Purchasing Agent.

(h) The Purchasing Agent shall review the recommendations of the Proposal Analysis Group and direct the Proposal Analysis Group to negotiate a contract with one of the top three offerors whose proposal and best and final offer is determined to be the most advantageous to the County, in accordance with the evaluation factors set forth in the Request for Proposals.

(i) The Proposal Analysis Group shall forward the final negotiated contract to the Purchasing Agent for approval.

(j) This process shall allow streamlining under simplified procurement procedures: performance or function-based specs; fewer contract clauses; shorter timelines.

#### Sec. 10A-114. Contract negotiation

Prince George's County, Md., Code § 10A-114 (2026)

(a) A contract may be made by negotiation under the following circumstances:

  (1) If it is determined that competitive sealed bidding or competitive sealed proposal cannot be used in awarding a contract because there is only one available or practical source for the subject of the contract, the Purchasing Agent is authorized to award a contract by noncompetitive negotiation. The following circumstances shall be sufficient to determine that only one source for the contract is available or practical:

    (A) When competition is precluded because of the existence of patent rights, copyrights, secret processes, control of basic raw material, or similar circumstances where competition is impractical; or

    (B) When the contemplated procurement is for technical, nonpersonal services in connection with the assembly, installation, or servicing (or the instruction of personnel therein) of equipment of a highly technical or specialized nature; or

    (C) When the contemplated procurement is for parts or components being procured as replacement parts in support of equipment specially designed by the same manufacturer, and where the Purchasing Agent determines that a substitute part or component of another manufacturer will not perform the same function in the equipment as the part or component it is to replace; or

    (D) When the contemplated procurement involves construction where a contractor or group of contractors are already at work on the site and it would not be practicable to allow another contractor or an additional contractor to work on the same site, or when the amount and value of the work is too small to interest other contractors to mobilize and demobilize; or

    (E) When property is required for experiment, test, development, or research in conjunction with determining the relative merits of the product or property for subsequent buys; or

    (F) When only one product or service will meet the technical and performance requirements for the procurement.

  (2) If it is determined in writing that competitive sealed bidding or competitive sealed proposal cannot be used in awarding a contract because an unanticipated emergency leaves insufficient time to use either of these methods, the Purchasing Agent is authorized to contract pursuant to emergency procedures established by regulations issued by the Purchasing agent. The duration of any contract entered into under this Section shall not exceed the period of time necessary to abate the emergency.

  (3) Upon written certification by the using agency that any of the following circumstances exists, the Purchasing Agent or the Purchasing Agent's designee may negotiate a contract:

    (A) A public exigency will not permit a delay incident to advertising; or

    (B) Services or goods are to be provided by another government agency or government.

(b) Authority to negotiate a contract under any provision of this Subtitle does not excuse compliance with the basic policy of obtaining maximum competition consistent with the needs of the occasion, to the end that all purchases will be made to the best interest of the County, price and other factors considered. The authority to negotiate contracts in no way eliminates the need of the Purchasing Agent to exert reasonable efforts to obtain the most favorable prices possible.

(c) Any contract authorized under this Section shall be awarded (including at renewal or extension) with at least fifty percent (50%) certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation or the procurement shall be rendered void and illegal, unless the Purchasing Agent exercises the waiver determination and procedure set forth in Section 10A-161 and 10A-159.01. Contracts authorized under this Section are subject to the same provisions of Section 10A-164 applicable to contracts subject to County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirements under Section 10A-161.

(d) The purchase of goods or services through a contract between the County and a third party fiscal agent, such as an escrow agent, is a public procurement subject to the requirements of this Subtitle.

(e) A procurement contract deemed necessary by the Purchasing Agent in writing, with notice to the County Executive and Clerk of the County Council, due to a temporary public emergency or other liability exposure may be awarded under this Section and shall not be subject to the requirements of Subsection (b), above, or Division 7 of this Subtitle, provided that the duration of the contract does not exceed one year and is not eligible for renewal or extension. A "temporary public emergency" in this Section is "an unforeseen occurrence or condition of limited duration that requires immediate action to protect public health, safety, or welfare from actual or threatened harm." A "liability exposure" in this Section is an action or inaction that exposes Prince George's County to greater liability.

(f) Under simplified procurement procedures, negotiation timelines, required documentation, or contract clauses may be reduced to the extent consistent with law, policy, and fairness.

#### Sec. 10A-114.01. Commercial Products and Services Clause

Prince George's County, Md., Code § 10A-114.01 (2026)

(a) When the procurement involves commercial products or commercial services, as defined in Section 10A-101, the solicitation may specify commercial-standard contract terms, and offerors may rely upon performance or function-based specifications. The County may waive inclusion of non-statutory clauses that are inconsistent with commercial practice, provided that doing so does not conflict with legal or regulatory requirements.

(b) This clause applies to all procurements under Section 10A-112, Section 10A-113 and Section 10A-114.

#### Sec. 10A-115. Small purchases

Prince George's County, Md., Code § 10A-115 (2026)

(a) This Section establishes the authority, definition, and process for Small Purchases to promote efficiency, transparency, and fair competition, while ensuring appropriate oversight of low-dollar procurements. This shall be applicable to all procurements that meet the definition of a Small Purchase, except:

  (1) Transactions made using the County's purchase card program, which are governed by separate policies;

  (2) Procurements expressly exempted by law or regulation.

(b) Procedures

  (1) Initiation

    (A) The requesting agency shall prepare a purchase request to establish the basis for the procurement.

  (2) Requests for Quotes

    (A) Purchases between $5,000 and the small purchase threshold of $250,000 shall require at least three (3) written or electronic quotes from responsible vendors, when practicable; two (2) of which must be from a County-based small business.

    (B) If quotes from a County-based small business are not available, quotes shall be required from the following: a County-based business, County-based minority business enterprise, County-located business or Locally-owned and operated business. When none of these are available, quotes will be accepted from a minority business enterprise.

    (C) In the event that a County-based small business cannot offer a reasonable price, the Purchasing Agent, or the Purchasing Agent's designee, will not reserve the procurement for a County-based small business. In this Section, "reasonable price" means within ten percent (10%) above the best price on the open market.

    (D) If quotes from the diverse suppliers listed under Sec. 10A-105(b)(2)(A) or Sec. 10A-105(b)(2)(B) are not available, a waiver will be required to be submitted with the purchase request.

    (E) Quotes will be evaluated based on price, quality, delivery, past performance, and compliance with County requirements.

    (F) All quotes, evaluations, and award determinations shall be maintained in the procurement file and be available for audit.

    (G) Micro-purchases will utilize the purchase card rules and regulations. If the purchase card is not accepted, the agency will submit the procurement to the Purchasing Agent.

    (H) Prior to making a written determination, the Purchasing Agent or the Purchasing Agent's designee shall review the database of County-based small businesses designated and maintained by the Supplier Development and Diversity Division to contact or otherwise gather information about the availability and pricing of County-based small businesses for the contract.

    (I) Purchases that do not exceed five thousand dollars ($5,000) shall not be subject to Subsections (B, (C) and (D) of this Section.

  (3) Award

    (A) The Purchasing Agent will award a contract, purchase order or written agreement including applicable County terms and conditions.

(c) Oversight

  (1) The Purchasing Agent shall issue regulations detailing forms, dollar thresholds, and approval authorities.

(d) Adjustments

  (1) The Purchasing Agent may, by regulation, adjust the small purchase threshold to reflect economic conditions and shall notify all agencies in writing at least sixty (60) days prior to implementation.

(e) Non-compliance

  (1) Any procurement not conducted in accordance with this Section is unauthorized, maybe invalidated, and may subject the responsible officials to corrective or disciplinary action.

#### Sec. 10A-116. Cancellation of solicitations; rejection of bids and offers

Prince George's County, Md., Code § 10A-116 (2026)

If the Purchasing Agent, with the using agency head or designee, determines that it is fiscally advantageous or is otherwise in the County's best interest, an Invitation for Bid, a Request for Proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected.

#### Sec. 10A-117. Responsibility of bidders and offerors

Prince George's County, Md., Code § 10A-117 (2026)

A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted by the Purchasing Agent. The failure of a bidder or offeror promptly to supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such a bidder or offeror.

#### Sec. 10A-118. Responsibility prequalification of bidders or offerors

Prince George's County, Md., Code § 10A-118 (2026)

The County may, on a limited basis, employ a method whereby suppliers seeking to provide a particular type of purchased item may prequalify as responsible prospective contractors for such purchased item. When the Purchasing Agent determines that it is in the best interest of the County to limit competition to most qualified and capable bidders, the criteria for prequalification shall be set forth in the public notice of the Invitation for Bids. The notice shall state that bids shall only be received from bidders who satisfy the prequalification criteria. Only those bidders who have been prequalified shall be provided the opportunity to bid. Any prospective bidder who is not prequalified shall be notified of this determination in writing. The Invitation for Bids shall be provided to all prequalified bidders and no further public notice of the bid shall be required.

#### Sec. 10A-119. Cost or pricing data

Prince George's County, Md., Code § 10A-119 (2026)

The Purchasing Agent or designee may prescribe by regulation or the terms or conditions of any particular procurement that the bidder or offeror provide such cost or pricing data as may be deemed appropriate under the circumstances.

#### Sec. 10A-120. Statement of ownership

Prince George's County, Md., Code § 10A-120 (2026)

(a) The Purchasing Agent shall advise each and every business when responding to a Solicitation on the part of the County that the award of any contract shall be conditioned on the individual providing a statement of the ownership of the said business entity which shall contain the following:

  (1) A statement by the business entity or its authorized representative listing the name or names as well as the business and residence addresses of all those individuals having a ten percent (10%) financial interest in the business entity;

  (2) If the business entity is a corporation, there shall be filed instead, a statement listing the officers of the corporation, their business and residence addresses, the date on which they assumed their respective offices, a list of the members of the current Board of Directors, their business and residence addresses, as well as the date on which each director assumed his office and the date on which his term as a director shall expire (if any); and

  (3) Further, if the business entity is a corporation, in addition to the requirements set forth in paragraph (1), above, the business entity must file a statement containing the names and residence addresses of those individuals owning at least ten percent (10%) of the shares of any class of corporate security, including but not limited to stocks of any type or class and serial maturity bonds of any type or class.

(b) Any statement filed with the Purchasing Agent pursuant to this Section shall be valid for a period of one (1) year from the date it is filed, provided that the information contained therein is updated as necessary upon the award of any subsequent contract.

(c) No contract shall be finally awarded unless there has been compliance with the provisions of this Section.

#### Sec. 10A-121. Prevailing wage rate

Prince George's County, Md., Code § 10A-121 (2026)

(a) All contracts subject to the County prevailing wage law shall include the requirement that not less than the prevailing rates of pay, as established by the Wage Determination Board, be paid to those classes of employees of contractors and subcontractors established by the Wage Determination Board.

(b) All service contracts subject to the wage requirements of Section 10A-144 shall include the requirement that not less than the minimum rates of pay shall be paid to employees performing work under the contract.

#### Sec. 10A-122. Nondiscrimination

Prince George's County, Md., Code § 10A-122 (2026)

(a) No contract may be awarded to any contractor unless the contract contains provisions obligating the contractor not to discriminate in any manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or physical handicap, sexual orientation, or national origin and obligating the contractor to include a similar clause in all subcontracts.

(b) If the nondiscrimination clause is omitted from a contract or subcontract subject to this Section, the County may declare the contract to be void. In that event, the contractor is entitled to the reasonable value of work that has been performed and materials that have been provided.

(c) If the contractor willfully fails to comply with the requirements of the nondiscrimination clause and the contract is partly executory, the County may compel the contractor to continue to perform under the contract, but the County:

  (1) Is liable for no more than the reasonable value of work performed and materials provided after the date on which the breach of contract was or should have been discovered; and

  (2) Shall deduct any money that has been paid under the contract from the money that became due under item (1) of this Section.

(d) If a subcontractor willfully fails to comply with the requirements of a nondiscrimination clause, the contractor may void the subcontract. In that event, the contractor is liable for no more than the reasonable value of work performed or materials provided.

(e) Any person, including an employee or prospective employee, who has information about a violation of this Section or a nondiscrimination clause may inform the Office of Human Rights. The Office of Human Rights shall cause an immediate investigation of the charge, and, if it concludes that the charges are true, may invoke any remedy available by law.

#### Sec. 10A-123. Inspection of contractor's plant and records

Prince George's County, Md., Code § 10A-123 (2026)

(a) The County may inspect the plant or business of a contractor or any subcontractor under any contract awarded or to be awarded by the County.

(b) The County shall be entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract entered under this Subtitle. Such books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract.

#### Sec. 10A-124. Price fixing prohibited

Prince George's County, Md., Code § 10A-124 (2026)

Each bidder or offeror shall, by virtue of submitting a bid or proposal, guarantee that he has not been a party with other bidders or offerors to any agreement that would, as an effect, restrict or limit competition. Violations of this guarantee shall render void the bid or proposal of such bidders or offerors. Further, any contract where this guarantee has been violated may be cancelled, and all amounts paid on such contract may be recovered.

#### Sec. 10A-125. Collusive bidding or negotiations

Prince George's County, Md., Code § 10A-125 (2026)

(a) A person who enters into a contract with the County after engaging in collusion with another person for the purpose of defrauding the County is liable to the County for all amounts which have been paid by the County on the contract. This remedy shall not be exclusive of any other remedy that may be available to the County under any other applicable County, State, or Federal law.

(b) When for any reason collusion is suspected among any bidders or offerors, a written notice of such suspicion shall be transmitted to the County Attorney for transmission, when appropriate, to the State Attorney General.

(c) All documents involved in any procurement in which collusion is suspected shall be retained until the State Attorney General gives notice that they may be destroyed. All retained documents shall be made available to the State Attorney General or his designee upon request.

#### Sec. 10A-126. Maximum practicable competition

Prince George's County, Md., Code § 10A-126 (2026)

All specifications shall be drafted so as to assure the maximum practicable competition to fulfill the County's requirements. Specifications shall not be drawn in such a manner as to favor a single prospective bidder or offeror over other prospective bidders or offerors. This requirement shall not be construed to preclude the specification of brand name items with the approval of the Purchasing Agent or designee provided the term "or equal" or an equivalent term is used.

#### Sec. 10A-127. Responsibility for selection of methods of construction contracting management

Prince George's County, Md., Code § 10A-127 (2026)

The Purchasing Agent may issue regulations providing for as many alternative methods of management of construction contracting as are feasible, setting forth criteria to be used in determining which method of management of construction is to be used for a particular project, and may grant to the using agency responsible for carrying out the construction project the discretion to select the appropriate method of construction contracting for a particular project; provided, however, that the Purchasing Agent shall execute and include in the contract file a written statement, or may approve a determination by the using agency, setting forth the facts which led to the selection of a particular method of construction management in each instance.

#### Sec. 10A-128. Brokering

Prince George's County, Md., Code § 10A-128 (2026)

The County shall not contract with any Broker unless brokering is a standard practice in the applicable industry with respect to which such contract relates or as provided by the waiver of the Purchasing Agent. The Purchasing Agent shall set forth in regulation those industries in which brokering will be allowed, the factors for determining whether a business shall be treated as a broker, and the procedure for waiving this exception.

### Division 3. Prohibited Types of Contracts

#### Sec. 10A-129. Cost plus a percentage-of-cost

Prince George's County, Md., Code § 10A-129 (2026)

The cost plus a percentage-of-cost system of contracting shall not be used. This prohibition shall not apply to contracts based upon a manufacturer's established catalog or market prices, or to contracts for materials and services in short supply, or where fluctuating market conditions make it impractical for suppliers to guarantee fixed prices for reasonable time periods.

#### Sec. 10A-130. Cost-reimbursement type contracts

Prince George's County, Md., Code § 10A-130 (2026)

(a) No cost-reimbursement contract may be made unless the Purchasing Agent determines or approves a using agency's determination that such contract is likely to be more beneficial to the County than any other type of contract.

(b) Each contractor under a cost-reimbursement type contract shall obtain approval of the County, as provided for in the contract, before entering into:

  (1) A cost-reimbursement type subcontract; or

  (2) Any other type of subcontract involving more than $25,000.00, or 5% of the estimated cost of the prime contract, whichever amount is less.

(c) Except with respect to firm fixed-price type contracts, no contract type shall be used unless the proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated and that the contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.

(d) All cost-reimbursement type contracts shall contain a provision that only costs determined to be allowable, in accordance with established cost principles as defined in the regulations, will be reimbursable.

#### Sec. 10A-131. Multiyear contracts

Prince George's County, Md., Code § 10A-131 (2026)

(a) A contract for supplies or services which extends beyond the current fiscal year may be entered into for periods not in excess of the time set forth in the Invitation for Bids or Request for Proposals (inclusive of any options exercisable thereunder), if funds for the first fiscal year of the contemplated contract are available at the time of contracting. Payment and performance obligations for succeeding fiscal years shall be subject to the availability of funds therefor. The exercise of each contract's option year requires that the Purchasing Agent and the using agency review the contract to determine whether the option should be exercised or if the contract should be re-bid. If an option on a multi-year contract has expired, the contract shall be re-bid. Factors in this determination can include, but are not limited to, the following:

  (1) Past performance of the existing contractor; and

  (2) Cost of continuing the existing contract in comparison with cost savings of discontinuing the existing contract and rebidding the contract.

(b) If funds are not appropriated for the continued performance of a contract approved under this Section, the contract for that year is terminated either automatically or in accordance with the termination clause of the contract. Unless otherwise provided for in the contract, the effect of termination is to discharge both parties from future performance of the contract, but not from their existing obligations.

(c) All contracts entered into under this Section shall contain a notice that they are subject to termination, either automatically or in accordance with a termination clause, upon the failure of the County Council to appropriate funds for the future performance of the contract.

### Division 4. Bid and Contract Security

#### Sec. 10A-132. Bonds; generally

Prince George's County, Md., Code § 10A-132 (2026)

(a) Subject to Subsection (b), below, unless otherwise required by State or Federal law or regulation or as a condition to State or Federal assistance, no bid, performance, or payment bonds may be required by the Purchasing Agent to be posted if the contract price does not exceed One-Hundred Thousand Dollars ($100,000).

(b) Additional bonding assistance for County-based small businesses and Locally-owned and Operated Businesses. Unless otherwise required by State or Federal law or regulation or as a condition to State or Federal assistance, no bid, performance, or payment bonds may be required of a County-based small business, County-based Minority Business Enterprises, or Locally-owned and Operated Business by the Purchasing Agent except in accordance with the following:

  (1) For procurement contracts more than $250,000 and up to $10,000,000 in value, required bonding shall be no more than 40% of the value of the contract,

  (2) For procurement contracts above $10,000,000 in value, required bonding shall be no more than 75% of the value of the contract, and

  (3) For procurement contracts of $250,000 or less, bonding shall not be required.

(c) As a written condition of a procurement award or procurement contract authorized under this Subtitle, the Purchasing Agent or the Purchasing Agent's designee may require responsive bidders or an award recipient, excluding County-based small businesses and Locally-owned and Operated Businesses, to provide bid, performance, and/or payment bonding assistance to County-based small businesses and Locally-owned and Operated Businesses in order to assist in complying with Division 7 of this Subtitle.

(d) Notwithstanding the requirements of Subsection (b), the Purchasing Agent shall be authorized to waive or modify said requirements if the Purchasing Agent determines such waiver or modification is in the best interest of the County.

#### Sec. 10A-133. Bid security

Prince George's County, Md., Code § 10A-133 (2026)

(a) A bid security shall be required for all construction contracts when the contract price is estimated by the County to exceed Two Hundred and Fifty Thousand Dollars ($250,000). The Purchasing Agent may also require such bid security as may be deemed necessary for any other contract required to be awarded by competitive sealed bidding or competitive sealed proposal if the contract is Two Hundred and Fifty Thousand Dollars ($250,000) or greater. The bid security shall be a bond provided by a surety company authorized to do business in Maryland, cash, or the equivalent of cash, in a form satisfactory to the County.

(b) The bid security shall be in an amount equal to no more than 5% of the amount of the bid or price proposal and shall be an amount determined by the Purchasing Agent or designee.

(c) When the Invitation for Bids or Request for Proposals requires a bid security be provided, noncompliance requires that the bid be rejected; provided, however, that the Purchasing Agent may set forth by regulation exceptions to this requirement in the event of substantial compliance.

(d) If a bidder is permitted to withdraw its bid before award because of mistake in the bid, no action shall be taken against its bid security.

(e) Businesses may be permitted to file with the Purchasing Agent an annual bid security in an amount established by the Purchasing Agent in lieu of furnishing individual bid securities.

#### Sec. 10A-134. Performance and payment bonds

Prince George's County, Md., Code § 10A-134 (2026)

(a) Prior to the award of any construction contract exceeding One Hundred Thousand Dollars ($100,000) in amount, a performance bond executed by a surety company authorized to do business in this State, or the equivalent in cash, or other security satisfactory to the County, and in such amount as shall be deemed adequate, for the protection of the County must be filed with the County. Certificates of Guarantee issued by the Development Guaranty Group of Prince George's County, Inc. or any other approved organization pursuant to Section 23-116 of this Code will not be deemed to be satisfactory security for the purpose of satisfying the Bond requirements for County contracts.

(b) Prior to the award of any construction contract exceeding One Hundred Thousand Dollars ($100,000) in amount, a payment bond executed by a surety company authorized to do business in this State, or the equivalent in cash, or other security satisfactory to the County for the protection of all persons supplying labor and materials, including lessors of equipment to the extent of the fair rental value thereof, to the contractor or his subcontractor in the prosecution of the work provided for in the contract for the use of each such person must be filed with the County. The bond shall be in an amount not less than fifty percent (50%) of the total amount payable by the terms of the contract. Certificates of Guarantee issued by the Development Guaranty Group of Prince George's County, Inc. or any other approved organization pursuant to Section 23-116 of this Code will not be deemed to be satisfactory security for the purpose of satisfying the Bond requirements for County contracts.

### Division 5. Sales Transactions

#### Sec. 10A-135. Sale and disposal of personal property

Prince George's County, Md., Code § 10A-135 (2026)

(a) In order to produce the highest return for the sale of personal property, the Purchasing Agent may select from the following sales methods the one which, in the Purchasing Agent's judgment, will yield the greatest return under the circumstances of each sale: competitive sealed bids, as prescribed in Section 10A-112; competitive spot bids sale; competitive auction sale; trade-in; or exchange for goods which are of current need. The Purchasing Agent may negotiate a sale when the above methods are inappropriate or have failed to produce a fair price or value.

(b) All agencies shall submit to the Purchasing Agent, at such times and in such form as he may prescribe, reports listing stocks of all personal property which are no longer used or which have become obsolete, worn out, or scrapped. The Purchasing Agent shall have the authority to transfer serviceable surplus commodities between agencies in lieu of filling requisitions for the purchase of new and additional stock of the same or similar articles.

(c) Notwithstanding the provisions of Subsection (a), upon certification by the Purchasing Agent that the property is not needed by the County, the County Executive, by Executive Order, may authorize the donation of one car per year to the Prince George's County Board of Education to be used as a door prize for the purposes of encouraging students to participate in alcohol free and drug free school functions.

### Division 6. Special Provisions

#### Subdivision 1. Supplier Development & Diversity Program

##### Sec. 10A-136. Supplier diversity; certification and decertification

Prince George's County, Md., Code § 10A-136 (2026)

(a) The Purchasing Agent shall structure the procurement procedures and activities of the County to facilitate and encourage the award of at least thirty-four percent (34%) of the total dollar value of all County contracts awarded, directly or indirectly, to County-based minority business enterprises or minority business enterprises. The value of subcontracts with County-based minority business enterprises or minority business enterprises shall be included in the computation of the above total dollar value.

(b) The Purchasing Agent may, after consultation with the Supplier Development and Diversity Division, require that the competitive bidding of contracts be restricted to minority business enterprises or County-based minority business enterprises owned by minority individuals as defined in Section 10A-101(a), provided there are at least three (3) minority business enterprises or County-based minority business enterprises that are providers in the trade of goods or services for which the contract is advertised. No contract shall be awarded pursuant to this provision if the resultant low bid exceeds by fifteen percent (15%) the most recent unit price for the same or most recently comparable goods or services, unless the Supplier Development and Diversity Division determines that prices in the relevant market have increased for all vendors without regard to minority status beyond fifteen percent (15%) since the last time similar goods or services were procured.

(c) The Purchasing agent shall consider the following criteria in determining whether to utilize a procurement method authorized in this Section:

  (1) Whether the procedure selected is likely to increase the number of minority business enterprises or County-based minority business enterprises responding to the County's procurement requirements;

  (2) Whether the procedure selected is likely to increase the dollar value of procurement awards to minority business enterprises or County-based minority business enterprises;

  (3) Whether the procedure selected is likely to further the County's goals under this Division 6 of the Code without unnecessarily interfering with the efficient operation of the County government; and

  (4) Whether the procedure selected is the most effective alternative available which will further the goals stated in this Section.

(d) The Purchasing Agent shall require that a bidder uses its "best efforts" to first use County-based minority business enterprises to fulfill any of the minority business enterprise goals and requirements of this Section. If not enough County-based minority business enterprises are demonstrated to be available after "best efforts" are exercised in the judgment of the Purchasing Agent, the Purchasing Agent may then allow the bidder to meet any of the minority business enterprise goals and requirements of this Section with minority business enterprises, if available. In this Section, the term "best efforts" means efforts to the maximum extent practicable have been made to meet the goal or requirement.

(e) If, upon investigation by the Supplier Development and Diversity Division, any Minority Business Enterprise which has been certified by the Supplier Development and Diversity Division misrepresented its status either as a County-based business or as a Minority Business Enterprise and no contract with the County is existing, the following shall occur:

  (1) The Minority Business Enterprise shall be barred from award of any County contract or participation in any contract awarded by the County for a period of one year commencing upon the date written findings of such misrepresentations are made by the Executive Director, regardless of subsequent changes in the minority business enterprise's status; and

  (2) The officers, directors, partners, or owners of the firm and any firm controlled or managed by them shall be barred from award of any County contract or participation in any contract awarded by the County for a period of one year commencing upon the date written findings of such misrepresentation are made by the Executive Director, regardless of subsequent changes in the minority business enterprise's status.

(f) If, upon investigation by the Supplier Development and Diversity Division any firm which has been certified by the Supplier Development and Diversity Division is awarded a contract with the County as a result of this Division is found to have misrepresented its status as either a County-based Minority Business Enterprise or a minority business enterprise, the following shall occur:

  (1) The contract price shall be reduced to the bid price of the apparent lowest responsive bidder or the contract shall be terminated, if in the best interests of the County;

  (2) The firm shall be barred from award of any County contract or participation in any contract awarded by the County for a period of three (3) years commencing upon the date written findings of such misrepresentations are made by the Supplier Development and Diversity Division, regardless of subsequent changes in the Minority Business Enterprise's status; and

  (3) The officers, directors, partners, or owners of the firm and any firm controlled or managed by them shall be barred from award of any County contract or participation in any contract awarded by the County for a period of three (3) years commencing upon the date written findings of such misrepresentation are made by the Supplier Development and Diversity Division, regardless of subsequent changes in the Minority Business Enterprise's status.

(g) If the Supplier Development and Diversity Division, after investigation, determines that any such individual or firm that has been awarded a County contract has misrepresented its status as either a Minority Business Enterprise or a County-based minority business enterprise, the Supplier Development and Diversity Division may request the County Attorney to institute proceedings pursuant to Section 10A-139.

(h) Any effort at brokerage or any other arrangement or agreement which attempts to, is intended to, or has the effect of causing fraudulent benefit from the provisions of this Division or is otherwise determined by the Supplier Development and Diversity Division to be in circumvention of the requirements of this Division shall be strictly prohibited and shall be barred from award of any County contract.

(i) The County Executive may, by executive order, impose such additional requirements as may be deemed appropriate to effectuate the overall policy of this Division 6 to encourage and increase certified Minority Business Enterprise participation in the award of County contracts.

(j) The Supplier Development and Diversity Division shall provide certification of minority business enterprise status, as such term is set forth in Section 10A-101(a) of this Code. The Supplier Development and Diversity Division shall maintain a register of all applicants for certification showing for each applicant the date of the application, name, qualifications, place of business, place of applicant's residence, and action taken on the application. Certification of any business firm as a minority business enterprise may take into account the certification of such firm by any jurisdiction, association, organization or entity:

  (1) That has entered into a reciprocal acceptance of minority business enterprise certification agreement with the County; or

  (2) That administers a minority business enterprise certification program that is substantially equivalent to the program operated by the Supplier Development and Diversity Division; or

  (3) That administers a minority business enterprise certification program utilizing eligibility criteria that is likely to further the County's goals under this Division 6 of the Code, as determined by the Purchasing Agent.

(k) Any person may assert charges of a violation of this Division against any applicant for certification, or certified minority business enterprise. Such charges shall be in writing and sworn to by the complainant and submitted to the Executive Director. If, after an investigation of the allegations the Executive Director believes that no violation has occurred, the charge may be dismissed. Such charge, unless dismissed by the Executive Director without a hearing, shall be heard and determined by the Executive Director within ninety (90) days after the date on which it was filed. After a hearing, the Executive Director may decertify the respondent or take such other action as deemed appropriate. Any person adversely affected by the dismissal of a complaint by the Executive Director or by the decision of the Executive Director following a hearing may appeal such dismissal or decision to the Commission within thirty (30) days after the date of the dismissal or the decision.

(l) The Executive Director may decertify any minority business enterprise upon findings by the Executive Director of any of the following conditions:

  (1) The minority business enterprise is subject to debarment or suspension in accordance with Section 10A-148 of this Code;

  (2) The minority business enterprise has practiced fraud or deceit for the purpose of obtaining certification;

  (3) The minority business enterprise has furnished to the Supplier Development and Diversity Division incomplete or substantially inaccurate ownership or financial information;

  (4) The minority business enterprise has failed to report any change which affects its qualification for certification; or,

  (5) The minority business enterprise has willfully violated any provision of this Division.

(m) The Purchasing Agent shall hear the appeal of any determination made by the Supplier Development and Diversity Division to deny minority business enterprise status certification and shall hear the appeal of any decision by the Executive Director to decertify any minority business enterprise. Such appeal shall be heard and determined by the Purchasing Agent within ninety (90) days after the date on which it was filed.

(n) Regardless of any minority business certifications issued by other jurisdictions or entities or related reciprocal agreements, the Executive Director shall decertify any business as a minority business enterprise that the Executive Director determines does not meet the requirements of Sections 10A-101(a)(26)(A) and 10A-101(a)(26)(B) of the Code. Such a business shall not be recognized by the Purchasing Agent or Supplier Development and Diversity Division as a minority business enterprise.

##### Sec. 10A-137. Contract monitoring

Prince George's County, Md., Code § 10A-137 (2026)

(a) The Purchasing Agent and the Contract Compliance Unit shall have the right to periodically monitor work performed under a contract awarded under this Subtitle to ensure compliance with all applicable provisions of the contract. All contractors and subcontractors shall grant the Purchasing Agent, the Contract Compliance Unit, and any authorized representative access to the contractor's or subcontractor's work site place of business, and applicable business records.

(b) The Purchasing Agent and the Contract Compliance Unit may perform or contract to perform periodic or random compliance audits of contracts awarded under this Subtitle.

##### Sec. 10A-138. Reports

Prince George's County, Md., Code § 10A-138 (2026)

The Purchasing Agent will maintain records and statistics on contract bids and awards and transmit annually in accordance with the requirements under Section 10A-176 by January 1 of each year.

##### Sec. 10A-139. Penalties

Prince George's County, Md., Code § 10A-139 (2026)

It is unlawful for a person to knowingly misrepresent his or her status as a minority business enterprise, County-based Minority Business Enterprise, County-based small business, County-located business, or Locally-owned and Operated Business for purposes of obtaining a County contract, and is subject to the penalty stated in Section 1-123 of this Code.

#### Subdivision 2. Facilities Constructed with County Contributions

##### Sec. 10A-140. Applicability of Subdivision

Prince George's County, Md., Code § 10A-140 (2026)

The provisions of this Subdivision shall apply to the construction of regional stormwater management facilities and road improvements when required in connection with new developments in the County and when the County makes a monetary contribution (including by way of reimbursement) to the construction of such a facility or road improvements pursuant to applicable provisions of the County's stormwater management program or the County's approved budget.

##### Sec. 10A-141. Negotiated Participation Agreements

Prince George's County, Md., Code § 10A-141 (2026)

(a) The requirements of this Subdivision shall be applicable under the following circumstances:

  (1) The Director of the Department of Permitting, Inspections, and Enforcement makes a determination that a regional stormwater management facility is desirable for a new development and certifies to the County Executive, the Purchasing Agent, and the Supplier Development and Diversity Division that the estimated construction cost of the facility exceeds the estimated cost of providing required on-site controls; or

  (2) The Director of the Department of Permitting, Inspections, and Enforcement certifies to the County Executive, the Purchasing Agent, and the Supplier Development and Diversity Division that:

    (A) Certain public road improvements abutting or within a new development are required as a consequence of the development; and

    (B) The estimated cost of the construction of the road improvements by the County exceeds the estimated cost of construction by the developer; or

    (C) The developer can cause the construction to occur on an accelerated basis in advance of planned commencement and completion of the road improvements by the County and would be otherwise required to pay at least seventy-five percent (75%) of the cost of the road improvements on a special assessment or similar basis.

(b) Any construction activities towards which County funds are contributed when either of the certifications specified in Subsection (a) has been made shall not be subject to the competitive procurement requirements of this Subtitle provided the requirements of Subsection (c) are met.

(c) Subsection (b) shall apply provided the County and the developer have entered into a written agreement wherein the developer shall:

  (1) Be required to competitively procure the construction of the regional stormwater management facility or road improvements; a minimum of three certified quotes or bids for all construction costs related to the stormwater management facility or road improvements shall be provided to the Director of the Department of Permitting, Inspections, and Enforcement and the Purchasing Agent for review;

  (2) Be required to post or cause to be posted a performance bond executed by a surety company authorized to do business in this State, or the equivalent in cash, or other security satisfactory to the County, in the amount equal to or greater than the total cost of the facility or road improvements as estimated by the appropriate Director, including an additional twenty-five percent (25%) of the cost for contingencies, as determined at the time the bond is posted, to insure the satisfactory performance and complexion of the facility or road improvements;

  (3) Be required to post or cause to be posted a payment bond executed by a surety company authorized to do business in this State, or the equivalent in cash, or other security satisfactory to the County, in an amount not less than fifty percent (50%) of the estimated cost of the facility or road improvements for the protection of all persons supplying labor and materials, including lessors of equipment to the extent of the fair rental value thereof, to the contractor or his subcontractor in the prosecution of the work provided for in the contract for the use of each such person;

  (4) Be required to submit to a County audit when it has been determined that an audit is necessary to insure County contribution funds are properly used and to determine the actual cost for constructing the regional stormwater management facility or road improvements;

  (5) Be required to certify that no person who is currently suspended, barred, or debarred from participation in contract activities for any government will be used to perform any of the work on the facility or road improvements during the period of any suspension, barment, or debarment;

  (6) Be required to comply with such laws and regulations as may be generally applicable to stormwater management activities and road improvements in the County; and

  (7) Be required to subcontract with Minority Business Enterprises for no less than thirty percent (30%) of the amount of County funds contributed with respect to such construction; provided, that if a developer is unable to achieve the Minority Business Enterprise goal set forth in Section 10A-141(c)(7), the developer may request in writing a waiver of the goal, to include the elements of justification set forth in Section 10A-136(g) of the Code. After consultation with the Supplier Development and Diversity Division, the Purchasing Agent shall grant such waiver only upon finding that the developers have made a good faith effort to achieve such goal and the public interest otherwise is served by granting such waiver.

(d) Nothing in paragraph (c)(1), above, shall be deemed to preclude the developer from constructing the regional stormwater management facility or road improvements himself provided written justification is approved by the Director of the Department of Permitting, Inspections, and Enforcement, the Purchasing Agent, and the Supplier Development and Diversity Division.

(e) Any agreement entered into pursuant to this Subdivision shall include such provisions as may be deemed appropriate by the Purchasing Agent to effect consistency with special policies set forth in other sections of this Subtitle such as (by way of example and not limitation) and restrictions concerning doing business with persons having business ties with South Africa.

(f) Certification of cost estimates under Subsection (b) of this Section shall be made by application of standards regularly used by the County in estimating construction costs for County projects.

#### Subdivision 3. Low Noise Emission Supplies

##### Sec. 10A-142. Duty to acquire low noise emission supplies

Prince George's County, Md., Code § 10A-142 (2026)

All agencies shall acquire by purchase or lease, to the greatest extent practicable, the quietest available supplies for use by the County. Supplies certified by the Administrator of the United States Environmental Protection Agency as "low noise emission products" pursuant to Section 15 of the Noise Control Act of 1972 shall be considered to meet the intent of this Section.

#### Subdivision 4. County Preference for Recycled Materials

##### Sec. 10A-143. Recyclable Materials

Prince George's County, Md., Code § 10A-143 (2026)

The County Purchasing Agent is authorized to review and revise all product procurement specifications to establish a preference for those products containing compost material generated by composting operations located within Prince George's County or operations consuming organic materials collected in the County, recycled materials including paper and paper products, asphalt pavement, crushed concrete subbase and foundry slag, and paving materials utilizing recycled materials including, but not limited to, crumb rubber from tires, ash, glass, and glassy aggregates, and to provide bid specifications encouraging the maximum purchase of recyclable asphalt pavement and paving materials utilizing recycled materials.

#### Subdivision 5. Wage Requirements

##### Sec. 10A-144. Wage requirements for County service contracts

Prince George's County, Md., Code § 10A-144 (2026)

(a) Any contract for services by a County agency shall require the contractor and any subcontractor to comply with the wage requirements of this Section. As used in this Section, "covered employer" refers to any contractor or subcontractor that is subject to this Section.

(b) This Section does not apply to:

  (1) A contractor who employs fewer than ten (10) employees at any time the contract is in effect;

  (2) A contractor who, at the time a contract is signed:

    (A) Has received less than Fifty Thousand Dollars ($50,000) from the County in the most recent twelve (12) month period; and

    (B) Will be entitled to receive less than Fifty Thousand Dollars ($50,000) from the County in the next twelve (12) month period;

  (3) A contract with a public entity;

  (4) A contract with a nonprofit organization that has qualified for an exemption from federal income taxes under Section 501(c)(3) of the Internal Revenue Code;

  (5) A contract for electricity, telephone, water, sewer, or similar service delivered by a regulated public utility;

  (6) A contract for services needed immediately to prevent or respond to an imminent threat to public health or safety;

  (7) An employer to the extent that the employer is expressly precluded from complying with this Section by the terms of any federal, state or County law, federal or state contract or grant; or

  (8) A contract entered into under a participation agreement under Section 10A-141.

(c) Solicitation requirements.

  (1) Each bid or proposal to provide services to the County shall specify how the contractor and each subcontractor will comply with these wage requirements, and shall include sufficient funds to meet these requirements.

  (2) Each bid or proposal to provide services to the County which is submitted by an organization that is exempt from coverage under Subsection (b)(4) shall specify the wage the organization intends to pay to those employees who will perform direct, measurable work under the contract, and any health insurance the organization intends to provide to those employees. In evaluating the cost of a bid or proposal the County shall disregard any additional cost attributable to payment of the wage requirements of this Section by any organization that is exempt from coverage under Subsection (b)(4) when compared to a bid or proposal submitted by another organization that is also exempt from coverage under Subsection (b)(4).

  (3) A contractor shall not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor, to avoid the imposition of any requirement under this Section.

(d) Health insurance. If a contractor or subcontractor commits in its bid or proposal to provide health insurance to any employee who provides services to the County, the contractor or subcontractor may:

  (1) Certify in its bid or proposal the per-employee hourly cost of the employer's share of the premium for that insurance; and

  (2) Reduce the wage paid under Subsection (e) to any employee covered by the insurance by all or part of the per-employee hourly cost of the employer's share of the premium.

(e) Wage requirement.

  (1) Except as permitted under Subsection (d)(2), each covered employer shall pay each employee who is not exempt under Subsection (f) at least Ten Dollars and Fifty Cents ($10.50) per hour during the time the employee actually provides services to the County.

  (2) The Wage Determination Board shall adjust the wage rate required under this subsection, effective July 1 of each year, by the annual average increase, if any, in the Consumer Price Index for all urban consumers for the Washington-Baltimore metropolitan area, or any successor index, for the previous calendar year. The Wage Determination Board shall calculate the adjustment to the nearest multiple of Five Cents ($.05), and shall publish the amount of this adjustment not later than March 1 of each year. Each adjustment under this paragraph applies to any contract covered by this Section which:

    (A) Is in effect when the adjustment takes effect; or

    (B) Takes effect during the next twelve (12) months.

(f) The wage requirements of this Section do not apply to any employee:

  (1) Who performs no measurable work related to any contract with the County;

  (2) Who participates in a government-operated or -sponsored program that restricts the earnings of or wages paid to employees to a level below the wage required under this Section;

  (3) Who participates for no longer than one hundred and twenty (120) days in any calendar year in a government-operated or -sponsored summer youth employment program; or

  (4) For whom a lower rate is expressly set in a bona fide collective bargaining agreement.

(g) Enforcement.

  (1) The Purchasing Agent shall require each covered employer to:

    (A) Certify that the employer and each subcontractor is aware of and will comply with the applicable wage requirements of this Section;

    (B) Keep and submit any records necessary to show compliance; and

    (C) Conspicuously post notices informing employees of the requirements of this Section, and send a copy of each notice to the Purchasing Agent.

  (2) The Purchasing Agent shall enforce this Section, perform random audits and any other audit necessary to do so, and investigate any complaint of a violation.

  (3) An employer must not discharge or otherwise retaliate against an employee for asserting any right under this Section or filing a complaint of a violation. Any retaliation is subject to all sanctions for noncompliance with this Section.

  (4) Each contract shall specify that liquidated damages for any noncompliance with this Section includes the amount of any unpaid wages, with interest, and that the contractor is jointly and severally liable for any noncompliance by a subcontractor. In addition, each contract shall specify that an aggrieved employee, as a third-party beneficiary, may by civil action enforce the payment of wages due under this Section and recover any unpaid wages with interest, a reasonable attorney's fee, and damages for any retaliation for asserting any right under this Section.

#### Subdivision 6. Tie Bids

##### Sec. 10A-145. Tie bids and proposals

Prince George's County, Md., Code § 10A-145 (2026)

(a) If a competitive bid or competitive sealed proposal results in two or more bidders or offerors being equally eligible for award, the responsibility of the bidders and offerors having been determined, the contract shall be awarded in the following order:

  (1) County-based minority business enterprise;

  (2) County-based small business;

  (3) County-based business;

  (4) Other minority business enterprise;

  (5) Maryland-based business;

  (6) Any other fair and equitable manner determined by the Purchasing Agent.

#### Subdivision 7. Cooperative Purchasing

##### Sec. 10A-146. Cooperative purchasing with other jurisdictions

Prince George's County, Md., Code § 10A-146 (2026)

It shall be the duty of the Purchasing Agent to develop, to the maximum extent feasible, a program for the joint or cooperative purchasing of common-use supplies with other organizations or jurisdictions and the Purchasing Agent shall endeavor to arrange for a program of standardization of common-use supplies. The Purchasing Agent may, as appropriate, undertake and participate in similar programs involving joint or cooperative purchases with other organizations or jurisdictions and may procure services and supplies from such parties or to utilize the contracts or schedules established by such organizations or jurisdictions when appropriate and when such actions shall be in the best interests of the County as determined by the Purchasing Agent.

##### Sec. 10A-147. Purchasing services for other public activities

Prince George's County, Md., Code § 10A-147 (2026)

In the interest of public service to the citizens of the County, the facilities and service of the Office of the Purchasing Agent may be made available to other public activities in the County which obtain their financial support in part from the County and municipalities. As a condition precedent to providing such service, the other public activity shall agree upon submission of requisition or written request to final fiscal responsibility for such purchases. The Purchasing Agent may establish a schedule of service fees as appropriate with approval by resolution of the County Council.

#### Subdivision 8. Penalties and Enforcement

##### Sec. 10A-148. Investigations, debarments, and suspension of bidders and offerors

Prince George's County, Md., Code § 10A-148 (2026)

(a) The Purchasing Agent shall establish investigation procedures to ensure compliance of the Procurement Regulations set forth in Section 10A-105(a) by all Contractors. The Purchasing Agent may also receive recommendations from the Office of Human Rights pursuant to Section 2-195.01 of this Code.

(b) The Purchasing Agent shall establish regulations and procedures for the debarment and suspension pending a final determination on debarment of any person who has:

  (1) Obtained any contract in violation of any provision of this Code or the Laws of the State of Maryland or the United States of America, the District of Columbia, any State, or any United States Territory;

  (2) Obtained payment for services not provided or goods not provided to the County on the basis of a false claim;

  (3) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland for the offense of bribery, attempted bribery, or conspiracy to bribe in furtherance of obtaining a contract with the State of Maryland or any of its subdivisions based upon acts committed after July 1, 1977, under the provisions of Article 27 of the Annotated Code of Maryland;

  (4) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland for the offense of bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated Code of Maryland;

  (5) During the course of an official investigation or other proceeding has admitted, in writing or under oath, acts or omissions which would constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated Code of Maryland;

  (6) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for the offense of bribery, attempted bribery, or conspiracy to bribe under the laws of another state, the District of Columbia, U.S. Territory, or the Federal statute;

  (7) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute of a criminal offense incident to obtaining, or attempting to obtain, or performing a public or private contract under any state, the District of Columbia, U.S. Territory, or Federal statute;

  (8) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for the offense of fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property under any state, the District of Columbia, U.S. Territory, or Federal statute;

  (9) Been found civilly liable under any state, the District of Columbia, or Federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

  (10) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for any violation of a state, District of Columbia, or Federal antitrust statute;

  (11) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for violation of any provision of the Racketeer Influence and Corrupt Organization Act, Title 18, United States Code, Sections 1961 et seq., or the Mail Fraud Act, Title 18, United States Code, Sections 1341 et seq., for acts arising out of the submission of bids or proposals for a public or private contract;

  (12) Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for the offense of conspiracy to commit any act or omission which would constitute grounds for conviction or liability under any statute described in paragraph (7), (8), (10), or (11);

  (13) Admitted, in writing or under oath, during the course of an official investigation, or other proceeding, acts or omissions which would constitute grounds for conviction or liability under any statute described in paragraphs (7) through (11);

  (14) Committed any improper conduct or has otherwise willfully violated this Subtitle; or

  (15) Done any other act which, under any County, State, the District of Columbia, or Federal law, bars the person from the award of any contract with any County, State, or Federal agency.

  (16) Following an investigation by the Office of Human Rights pursuant to 14-191, Subtitle 14, of the Prince George's County Code, has been found to have violated the prohibition against human sex trafficking and human labor trafficking.

  (17) Been convicted of, plead nolo contendere, or been sentenced pursuant to the Child Sex Trafficking Screening and Services Act, the Anti-Exploitation Act of 2019, Human Trafficking & Prostitution Offenses 2019, or other comparable State, Federal, U.S. Territory, or District of Columbia statute for violation of criminal laws prohibiting human labor trafficking or human sex trafficking.

  (18) Been found in violation of the wage and hours requirements Maryland Annotated Code, Labor and Employment Code §§ 3-401, et seq.

(c) Unless otherwise prescribed by any applicable law, a debarment under this Section shall be effective for a period generally not to exceed five (5) years commencing upon the date written findings are made by the Purchasing Agent regardless of subsequent changes in the person's status. In the event that the person is not a natural person, the officers, directors, partners, or owners of the firm and any firm controlled or managed by them shall also be barred from award of any County contract or participation in any contract awarded by the County during the applicable period.

(d) Pending a final determination of any investigation, including debarment is to occur or the investigation or prosecution of any act alleged to give rise to the right of the Purchasing Agent to debar a prospective bidder or offeror or contractor, the Purchasing Agent may suspend the person for a period of time not to exceed six (6) months or such greater period as may be certified to the Purchasing Agent by the investigating or prosecuting agency as required to complete the investigation or prosecution.

##### Sec. 10A-149. Conditional suspension

Prince George's County, Md., Code § 10A-149 (2026)

The Purchasing Agent shall prescribe by regulation the procedure for conditional suspension of persons, for a period of time not to exceed six (6) months, from participation in County procurement activities when the Purchasing Agent determines that unsatisfactory performance or contract default can be remedied by fulfillment of specified conditions.

##### Sec. 10A-150. Award of contract prohibited

Prince George's County, Md., Code § 10A-150 (2026)

(a) Contract not to be awarded to disqualified person. No person shall knowingly award or enter into any contract whereby supplies, services, or construction will be supplied directly or indirectly to the County by a person or business entity disqualified under this Subdivision.

(b) Where public exigencies or similar factors necessitate the continuance of the contractual services in connection with which the debarment is based, the Purchasing Agent shall not be required to terminate the existing contract but the contractor shall be liable to the County for any profits from the contract.

(c) Where there are no public exigencies nor similar factors necessitating the continuance of the contractual services in connection with which the debarment is based, the Purchasing Agent shall be empowered to terminate the existing contract and the contractor shall be liable to the County for any profits from the contract execution date through termination date.

##### Sec. 10A-151. Penalties

Prince George's County, Md., Code § 10A-151 (2026)

(a) Disqualification of any person under this Subdivision shall not be exclusive of any other remedy that may be available to the County under any other applicable County, State, or Federal law.

(b) If a Contractor is found to be in violation of the Procurement Regulations, then the Procurement Agent is shall be empowered to:

  (a) Terminate an existing contract;

  (b) Bar Contractor from future contracts;

  (c) Refer investigation to the Office of Human Rights for resolution;

  (d) Refer to the Wage and Determination Board for resolution;

  (e) Seek a criminal complaint; or

  (f) Any combination thereof.

#### Subdivision 9. Small Businesses

##### Sec. 10A-152. Small businesses

Prince George's County, Md., Code § 10A-152 (2026)

The County Purchasing Agent shall develop and implement a program designed to encourage and assist small businesses in the County to contract with the County for goods and services.

##### Sec. 10A-152.01. County-based authorized resellers and distributors

Prince George's County, Md., Code § 10A-152.01 (2026)

In the procurement of commodities for which manufacturers or publishers of such commodities utilize authorized resellers or distributors, including, but not limited to, information technology software and hardware products:

(a) The County shall procure such commodities solely from County-based small businesses that are authorized resellers or distributors if

  (1) there are County-based small businesses that are authorized resellers or distributors of such commodities and

  (2) such businesses are authorized as resellers or distributors by the publisher or manufacturer of such commodities.

(b) The County is authorized to procure such commodities directly from the manufacturer or publisher only if the requirements of Subsection (a), above, are not met.

#### Subdivision 10. Contract Administration

##### Sec. 10A-153. Prompt payment

Prince George's County, Md., Code § 10A-153 (2026)

(a) As used in this Section, the following words shall have the following meanings unless the context in which they are used in this Section clearly requires a different meaning or a different definition is prescribed for a particular provision.

  (1) Contract document means any written agreement or change order for the purchase or disposal of supplies, services, construction, insurance, or any other item. This Section does not pertain to collective bargaining agreements with an employee organization, an agreement that creates an employer-employee relationship, or grants or similar contributions provided in support of an activity, project, or program. It includes, but is not limited to, contracts of a fixed price, cost reimbursement, cost plus a fixed fee, or incentive type; contracts providing for the issuance of job or task orders; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

  (2) Designated payment office means the person or place indicated in contract document(s) for delivery of invoice for payment or, in certain instances, for approval. Otherwise, it is the Accounts Payable Section of the Office of Finance.

  (3) Due date means thirty (30) calendar days after receipt date.

  (4) Payment date means the date of County check, electronic transfer, or other mutually agreeable payment vehicle.

  (5) Proper invoice means a contractor's written invoice submitted in accordance with the contract document(s) requesting payment from the County for satisfactory performance in accordance with contract provisions that includes, but is not limited to, the following items:

    (A) Contractor name and remittance address;

    (B) Contractor tax identification number;

    (C) Reference to contract number;

    (D) Description, price, quantity of delivered goods or services;

    (E) Shipping and payment terms; and

    (F) Other substantiating documentation in the form and content that may be required by law, regulation, or contract document(s).

    No authorized representative of a unit of County government shall make a request for the delivery of goods or services from a contractor without first obtaining a purchase order or other invoiceable procurement authorization.

  (6) Receipt date means the later of the recorded date on which proper invoice is received by the designated payment office or delivery of acceptable goods or services in accordance with the contract document(s). If the receipt of a proper invoice is not recorded by the designated payment office, then the receipt date shall be the later of the issue date indicated on the proper invoice or delivery of acceptable goods or services in accordance with the contract document(s).

(b) It is the policy of the County to make a payment under a procurement contract within thirty (30) calendar days after the receipt date. The County has an aspirational goal of making such a payment within fifteen (15) calendar days after the receipt date.

(c) Interest penalties shall accrue daily beginning thirty-one (31) calendar days after the receipt date and ending on, but excluding, the payment date, using the rate established in Subsection (e) calculated on a 30-day basis. Interest penalties shall not continue to accrue for more than one year after the due date.

(d) Interest penalties under this Section shall be automatically added to any payment made to a contractor for an invoice(s) which remains unpaid more than thirty (30) calendar days after the receipt date, unless the County is not liable to pay interest because of one of the exclusions provided for by Subsection (g).

(e) The rate of interest penalty shall be one percent (1%) per month on a pro rata basis.

(f) Written claims for interest penalties which the County has failed to pay in accordance with the requirements of Subsection (d) shall be time and date stamped by the Office of Finance when received.

(g) The County is not liable under this Section for an interest penalty under any of the following circumstances:

  (1) Invoice payments made in advance or within thirty (30) calendar days after the receipt date;

  (2) Contractor's written claim(s) for any unpaid interest penalty amounts owed not received by the Director of Finance prior to full payment being made by the County to the contractor for the proper invoice;

  (3) Work subject to contract claim as provided by the contract document(s) or applicable County procedure(s);

  (4) Amounts withheld consistent with payment terms, such as retainage;

  (5) Payments made to a third party on behalf of the contractor for financing purposes;

  (6) Amounts representing unpaid interest penalties;

  (7) Interest penalties amounting to less than $10.00 per invoice; or,

  (8) Contracts or other County obligations outside of the scope of this Subtitle.

(h) This Section does not authorize the appropriation of additional funds for the payment of any required interest penalty. The Director of Finance shall pay any interest penalty required by this Section consistent with County procedure(s).

  (1) In the case that sufficient funds are unappropriated and/or unavailable to pay any interest penalty owed at the time a proper invoice is paid:

    (A) The Director of Finance will pay the maximum amount of the interest penalty owed that can be paid with available, appropriated funds; and

    (B) Within a one (1) year period after the payment date, the County will ensure that appropriate procedures are followed to identify (and, if needed, obtain an appropriation of) additional funding and make a payment for the remaining balance owed for the interest penalty.

(i) If a contractor offers a discount from the amount due under the contract in exchange for payment within a specified period of time, the County may make payment in an amount equal to the discounted price only if the payment date is within the specified period of time. Within thirty (30) calendar days after payment date, contractor's written claim(s) for discounts taken in error shall be received by the Director of Finance.

(j) Contractor Prompt Payment.

  (1) For all procurement contracts authorized under this Subtitle, the prime contractor shall pay each of its subcontractors (including a material supplier) for satisfactory performance under the respective subcontract within seven (7) calendar days after receipt of such amounts that are paid to the prime contractor by the County for such work performed under the contract. In the event that there is a good faith dispute over all or any portion of the amount due on a payment from a prime contractor to a subcontractor, the prime contractor may withhold the disputed amount but shall pay the undisputed amount. A subcontractor who further subcontracts work on procurement projects authorized by this Subtitle is responsible for the same requirements and interest penalties for payment to its subcontractors (lower tier subcontractors) after receiving payment under this Subsection as applicable to a prime contractor.

  (2) Interest penalties. Any contractor who violates Paragraph (1), above, shall pay to the subcontractor a penalty of one and a half percent (1.5%) of the amount due per month for every month to the subcontractor owed payment or portion thereof that payment is not made. Interest penalties shall accrue daily beginning eight (8) calendar days after payment is received by the prime contractor (or higher tier subcontractor) and ending on, but excluding, the payment date, using the rate established in this Paragraph calculated on a monthly (30-day) basis. This Subsection is enforceable in the Circuit Court of Prince George's County, and is not intended to create a private right of action against the County. Willful violations of this Subsection may also result in a contractor being suspended or debarred in accordance with Section 10A-148.

  (3) Contract Clauses Required. For all procurement contracts authorized under this Subtitle, including at the time of any contract renewal or extension, the Purchasing Agent or the Purchasing Agent's designee shall include a clause requiring the prime contractor to include in each of its subcontracts

    (A) a payment clause which obligates the prime contractor to pay the subcontractor for satisfactory performance under its subcontract within seven (7) days out of such amounts as are paid to the prime contractor by the County for such work performed under such contract; and

    (B) an interest penalty clause which obligates the prime contractor to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to Subparagraph (A), above

      (i) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and

      (ii) computed at the rate specified in Paragraph (2) of this Subsection.

For all procurement contracts authorized under this Subtitle, the Purchasing Agent or the Purchasing Agent's designee shall further require the prime contractor to include a clause in its subcontracts requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of Paragraph (3) of this Subsection in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

(k) With regard to this Section, the Director of Finance shall have the following specific authority and responsibilities:

  (1) To establish, as deemed necessary, regulations and procedures enforcing the requirements of this Section;

  (2) To resolve timely, written claims made by a contractor concerning unpaid interest penalties or pertaining to unearned discounts taken that are associated with invoice payments made by the County. This Subsection does not apply to any other contractor disputes or claims which shall be subject to the provisions of the contract document(s) or other applicable County procedure(s); and

  (3) To require vendors to enroll in Automated Clearing House (ACH) or a similar electronic payment system with the County.

#### Subdivision 11. Certified Sheltered Workshop Employment Program

##### Sec. 10A-154. Responsibilities of agencies receiving County, federal or state funding

Prince George's County, Md., Code § 10A-154 (2026)

(a) Each department, agency or activity that receives more than fifty percent (50%) of its total funding from either the County or federal government or the state government shall identify activities or functions that are able to be performed by a certified sheltered workshop headquartered in Prince George's County and employs residents of the County with disabilities.

(b) The Purchasing Agent shall prepare specifications for procurements that include contracting or subcontracting with certified sheltered workshops to perform those activities or functions.

##### Sec. 10A-155. Utilization of certified sheltered workshops

Prince George's County, Md., Code § 10A-155 (2026)

(a) The Purchasing Agent shall structure the procurement procedures and activities of the County to facilitate and encourage the award of County contracts awarded, directly or indirectly, to certified sheltered workshops.

(b) The Purchasing Agent shall require that the competitive bidding of contracts be restricted to certified sheltered workshops provided they are capable of delivering goods or services according to specifications and at established fair market price.

(c) The Purchasing Agent shall be required to work with the sheltered workshops and health and human services coalitions to establish pricing, identify new markets and sheltered workshops to bid on County contracts.

(d) The Purchasing Agent shall maintain a list of the certified sheltered workshops that provide commodities and services to the County and that are willing and able to provide commodities and services to the County.

#### Subdivision 12. Disadvantaged Business Enterprise Program

##### Sec. 10A-156. Disadvantaged Business Enterprise Program

Prince George's County, Md., Code § 10A-156 (2026)

(a) The County Purchasing Agent shall develop and implement a program designed to encourage and assist disadvantaged business enterprises in the County to contract with the County for goods and services. The program shall be operated in accordance with the United States Department of Transportation Regulations set forth in 49 CFR Part 26.

(b) Rules and regulations for the Disadvantaged Business Enterprise Program shall be promulgated by the County Purchasing Agent and approved by the County Executive and the County Council by resolution. Said rules and regulations shall govern the implementation and administration of the Disadvantaged Business Enterprise Program.

#### Subdivision 13. Project Labor Agreements

##### Sec. 10A-157. Declaration of findings and policy

Prince George's County, Md., Code § 10A-157 (2026)

Based on public testimony and other evidence before it, including information, studies, and court decisions, the Prince George's County Council makes the following legislative findings and statement of policy:

(1) The County Council recognizes that Project Labor Agreements are craft labor agreements, authorized under federal labor law in accordance with 29 U.S.C. § 158(f), and executed by project contractors and local labor organizations in the building trades, and typically used on large construction projects to establish uniform terms and conditions of employment for the project workforce; and

(2) The County Council further recognizes that Project Labor Agreements are authorized by law as a result of a judicial decision from the United States Supreme Court in the case of Building and Construction Trades Council of the Metropolitan District v. Associated Builders of Contractors of Massachusetts/Rhode Island, Inc., 507 U.S. 218 (1993);

(3) The County Council finds that Prince George's County has a compelling interest in ensuring that County contracts for the construction of County facilities and roads are completed in accordance with project schedules, with the highest degree of quality, and in a cost-effective manner; and

(4) The County Council finds that construction projects present particularly difficult challenges in terms of ensuring timely, cost-effective project delivery and require large numbers of well-trained, highly skilled construction craft personnel in various specific trades and crafts, and successful project delivery can be more effectively promoted by adopting measures that ensure that such projects are properly staffed with adequate numbers of craft workers adequately trained in the respective construction crafts; and

(5) The County Council finds that Project Labor Agreements provide a reliable means for ensuring that construction projects will be adequately staffed with sufficient numbers of highly skilled and properly trained craft personnel and, therefore, such agreements promote the efficient, economical and safe completion of such contracts, and that for this reason alone, the County has a sufficient compelling interest in allowing the use of Project Labor Agreements for construction projects to protect its investments and proprietary interests in such projects; and

(6) The County Council finds that Project Labor Agreements further promote timely, successful project delivery by including legally enforceable guarantees against labor strikes and employer lockouts and also provide procedures to ensure the peaceful, efficient and orderly resolution of labor-management disputes or other disputes or potential disruptions that could otherwise interfere with the execution of construction projects; and

(7) The County Council finds that Project Labor Agreements have a long and extensive history of effectively protecting and promoting the financial investments and proprietary interests of both public and private project owners in the planning, execution and management of major capital facility projects, and have a proven track record of being an effective tool for these purposes; and

(8) The County Council finds that Project Labor Agreements also provide a reliable means for ensuring that construction craft personnel employed on projects are paid appropriate wages as required by law, receive essential construction safety training and are covered by applicable unemployment and workers compensation laws;

(9) The County Council finds that Project Labor Agreements facilitate employment opportunities and apprenticeship and other skill training opportunities for local workers and County residents by utilizing local union training centers, hiring halls and referral systems, which allow more Prince George's County residents to participate in County-funded projects; and

(10) Due to the tough economic times, the County Council finds that unemployment and underemployment are significant challenges in Prince George's County and in an effort to put more Prince George's County residents to work, the County seeks to promote meaningful employment and skill training opportunities for its residents through the use of Project Labor Agreements on construction projects.

##### Sec. 10A-158. Project Labor Agreements

Prince George's County, Md., Code § 10A-158 (2026)

(a) All solicitations, including invitations for bids and requests for proposals, issued for construction projects by the County that have an estimated dollar value of Thirty-Five Million Dollars ($35,000,000) or more shall include a clause that requires the execution and use of a Project Labor Agreement, as defined herein:

  (1) Within sixty (60) days after enactment the County Executive shall provide a list of eligible projects and shall publish a list of eligible projects annually as part of the capital improvement plan.

  (2) The Project Labor Agreement Coordinating Committee may recommend Project Labor Agreements on county-wide, multi-location Capital Improvement Projects that will create workforce development opportunities to the County Executive.

(b) A Project Labor Agreement shall:

  (1) Establish the terms and conditions of employment for all construction craft workers on the specified project;

  (2) Apply to and cover all contractors and subcontractors, at whatever tier, used to build the project and all labor organizations representing construction craft workers employed on the project; and

  (3) Contain the following minimum terms and conditions, as well as other terms that may be negotiated and agreed upon by the County, the applicable project contractors and labor organizations, that:

    (A) bind all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents;

    (B) allow all contractors and subcontractors to bid and otherwise compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements or otherwise affiliated with labor organizations;

    (C) contain contractual guarantees against strikes, lockouts, and similar job disruptions;

    (D) set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the Project Labor Agreement;

    (E) provide that applicable project contractors and labor organizations shall work together and use reasonable best efforts to ensure that a goal of fifty-five percent (55%) of Prince George's County residents are afforded maximum opportunities for employment and skill training on Project Labor Agreement projects;

    (F) provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health.

(c) Exemptions. Exemptions to a Project Labor Agreement may be granted if the Purchasing Agent and the Project Labor Agreement Coordinating Committee jointly determine that:

  (1) The construction project is of short duration and lacks operational complexity.

  (2) The construction project will involve only one craft or trade.

  (3) The construction project will involve specialized construction work that is available from only a limited number of contractors or subcontractors.

  (4) The agency's need for the construction project is of such an unusual and compelling urgency that a project labor agreement would be impracticable.

##### Sec. 10A-158.00.01. Project Labor Agreement Coordinating Committee; composition; duties

Prince George's County, Md., Code § 10A-158.00.01 (2026)

(a) There shall be a Project Labor Agreement Coordinating Committee comprised of 10 representatives:

  (1) The Chairperson of the Government Operations and Fiscal Policy Committee or the Chairperson's designee, shall serve as the Chairperson;

  (2) The County Executive or the Executive's designee;

  (3) The Purchasing Agent or the Purchasing Agent's designee; who shall serve has Chairperson;

  (4) A representative from a business organization designated by the County Executive and County Council;

  (5) The MBE Compliance Manager for the Prince George's County Council;

  (6) A contractor representative for the specific project designated by the Purchasing Agent;

  (7) Two (2) labor organization representatives from the Washington DC Building Trades Council, at least one of which is the Executive Secretary-Treasurer of the Trades Council or his designee and one of which shall be a County resident;

  (8) A representative from the Faith Based Community designated by the Chair of the Council; and

  (9) One (1) citizen representative designated by the County Council.

(b) The Committee shall oversee the development of Project Labor Agreements in the County and assist in their administration in a manner that promotes the timely, cost-effective delivery of affected projects and affords maximum employment and training opportunities for residents of Prince George's County. The Committee shall serve as the central forum to exchange information and ideas and to advise the County Executive and Council concerning operation and results of objectives of all Project Labor Agreements in the County.

(c) The Committee shall meet at the call of the Chairperson of the Committee as frequently as required to perform its duties to discuss progress of work, projections, and issues on a current project. A majority of the members of the Committee shall constitute a quorum for the transaction of business. A majority of those present at any meeting shall be sufficient for any official action taken by the Committee. The Committee must approve by a vote of the majority of members present, all project labor agreements to go before the County Executive for approval before they become effective.

(d) The Committee shall submit an annual report to the County Executive and the Council summarizing its activities, needs, recommendations, and the degree to which the goals of the Committee are being met.

##### Sec. 10A-158.00.02. Legislative findings and policy

Prince George's County, Md., Code § 10A-158.00.02 (2026)

(a) The County Council finds that the County manages and oversees a significant capital construction budget and is committed to ensuring that capital construction funding helps create high quality careers in construction for Prince George's County residents, including women, all ethnics groups within its population, veterans, returning citizens, and residents with social and economic disadvantages.

(b) The County Council finds that the County is one of the nation's most economically affluent counties with a majority African American population, but that significant segments of its population face economic, educational and career development obstacles.

(c) The County Council finds 8.8 percent of County residents were unemployed in 2021; that approximately 78,000 county residents currently live in poverty, two-thirds of whom are African-American; and that approximately 30 percent of County high school graduates do not attend college.

(d) The County Council finds that the County has the highest unemployment rate in the Washington Metropolitan Statistical Area, demonstrating the need for the creation of economic opportunities and career pathways for historically disadvantaged and under-represented people as a foundation of the county's continued development.

(e) The County Council finds that project labor agreements, as outlined in Sec. 10A-157 Declaration of findings and policy, are strategic vehicles for addressing the legitimate needs and interests of underserved populations that historically have been excluded from the benefits of economic and career path development.

(f) The County Council finds that project labor agreements are an effective tool for promoting access to construction career opportunities for members of targeted communities and populations and help strengthen community-labor partnerships by establishing enforceable labor standards through collective bargaining that protect job quality.

(g) The County Council recognizes that well-trained workers earning family-supporting wages with employer-sponsored health insurance and retirement plans contribute to the economic prosperity of the county and reduce the need for county-provided safety net services.

(h) The County Council finds that local and state governments across the country have successfully leveraged tax dollars to uplift citizens in their respective districts through the use of project labor agreements.

(i) The County Council finds that project labor agreements have been underused by the County, and that a pilot project labor agreement targeting on construction projects that create entry-level positions for residents is both necessary and desirable.

##### Sec. 10A-158.00.03. Pilot Project Labor Agreement on CIP 4.66.0002, Curb and Road Rehabilitation 2 Projects

Prince George's County, Md., Code § 10A-158.00.03 (2026)

(a) Department of Prince George's County Department of Public Works and Transportation CIP 4.66.0002 Curb and Road and Rehabilitation 2 projects shall require, as part of a solicitation for a construction contract, that every contractor and subcontractor that will engage in the construction project agree to negotiate or become a party to a project labor agreement, for that project, with one or more labor organizations if:

  (1) Use of a project labor agreement will advance the County's interest in producing labor-management stability and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters.

(b) A project labor agreement agreed to pursuant to subsection (a) of this section shall:

  (1) Bind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement; and

  (2) Contain guarantees against strikes, lockouts, and similar job disruptions; and

  (3) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement; and

  (4) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

  (5) Include any additional requirements that the Purchasing Agent considers necessary to promote the County's interest.

(c) The Director of the Prince George's County Department of Public Works and Transportation, with mutual concurrence of the Purchasing Agent, may waive the requirement for contractors or subcontractors to negotiate or enter into a project labor agreement for construction projects under CIP 4.66.0002 Curb and Road and Rehabilitation 2, if:

  (1) The Department conducts a competitive solicitation process for the project; and

  (2) The Department determines, based on the response to the solicitation, that no qualified vendors are willing to participate under a project labor agreement.

#### Subdivision 14. Reserved

##### Sec. 10A-158.01. Reserved

Prince George's County, Md., Code § 10A-158.01 (2026)

#### Subdivision 15. Contract Modifications

##### Sec. 10A-158.02. Contract Modifications

Prince George's County, Md., Code § 10A-158.02 (2026)

Any contract modification whose dollar percentage is in excess of 25% of the original contract or whose dollar amount is in excess of Five Hundred Thousand Dollars ($500,000) shall require that the County Council is given a copy of such modification and the original contract by the Administrative Review Committee and the using agency.

#### Subdivision 16. Clean Renewable Energy Technology in Public Buildings

##### Sec. 10A-158.03. Definitions

Prince George's County, Md., Code § 10A-158.03 (2026)

(a) In this Subdivision, the following words have the meaning indicated.

  (1) Clean renewable energy technology means technology or a system that employs geothermal heating and cooling, solar hot water, wind, solar electricity generation, or solar thermal generation. Clean renewable energy technology shall also include passive solar energy generation that reduces energy use from other sources by at least twenty percent (20%).

  (2) Cost effective means where the cost of installing clean renewable energy technology on a new or major renovation of a public building is not projected to exceed the projected cost savings of the installation within the first fifteen (15) years after the commencement of the installation.

  (3) Major renovation means when the square footage of the building being renovated is fifty percent (50%) or greater of the building's gross floor area.

  (4) Projected total cost means the estimated cost required to construct or renovate a building, including building systems, interior finishes, site infrastructure, connections to existing utilities, landscaping, and sidewalks and parking lots built for the immediate use of the building.

  (5) Public building means a permanent building which will be owned, partially owned or controlled by a County agency and which is either used by the public or enclosed by walls and roof to allow County employees to use or occupy the building on a regular basis for a significant part of their work. Public building shall also include County libraries.

##### Sec. 10A-158.04. Clean renewable energy technology; requirement

Prince George's County, Md., Code § 10A-158.04 (2026)

(a) A contract for the construction of a public building or for the major renovation of a public building shall require the use of clean renewable energy technology. The building shall have installed a minimum of one kilowatt of clean renewable energy technology for every one thousand (1,000) square feet of gross floor area subject to Subsection (b) below. Ground mounted clean renewable energy technology on or directly adjacent to the building lot may be used to meet this requirement.

(b) The Purchasing Agent shall limit the size of the clean renewable energy technology installation if the upfront cost of the installation is projected to exceed two percent (2%) of the projected total cost of the new building or renovation unless the expenditures have been transferred to the project under Section 10A-158.05(b), in which case the expenditures upfront cost shall be limited to four percent (4%) of the projected total cost.

##### Sec. 10A-158.05. Project feasibility assessment

Prince George's County, Md., Code § 10A-158.05 (2026)

(a) The Purchasing Agent or his designee shall perform a feasibility assessment to determine whether the new construction project or the major renovation project of a public building can be retrofitted to include clean renewable energy technology primarily based on whether the project is cost effective as defined in this Subsection. Other factors may include, but not be limited to: the cost to the County, safety and security concerns, the cost savings from the installation, clean energy job creation, clean renewable energy technology capacity of the building, the environmental benefits, technological feasibility, and zoning regulations.

(b) If the Purchasing Agent determines that installing clean renewable energy technology on a new or major renovation public building project is not feasible, the Purchasing Agent shall transfer expenditures from the project equivalent to two percent (2%) of the projected total cost for use in another applicable project, unless no applicable projects exist in the Capital Improvement Program pursuant to Subtitle 2, Division 42. Fund transfers between projects under this Section shall be approved by resolution of the County Council and the funds transferred between projects shall remain in the appropriated tier of the new or major renovation public building project.

##### Sec. 10A-158.06. Alternative financing

Prince George's County, Md., Code § 10A-158.06 (2026)

(a) Alternative financing arrangements to allow leveraging of federal, state, utility and other incentives, including but not limited to grants, lease-purchase agreements, power purchase agreements or energy savings performance contracts, qualify to meet the clean renewable energy technology requirement under this Subdivision.

(b) The purchase of Renewable Energy Credits ("RECs") does not constitute compliance with the requirements of this Subdivision.

#### Subdivision 17. Police Department Towing Contracts

##### Sec. 10A-158.07. Legislative Intent

Prince George's County, Md., Code § 10A-158.07 (2026)

The County government finds that the public interest will be served by encouraging County-based minority business enterprises and County-based small businesses to bid on Police Department towing contracts and that the successful bidders, contractors, and subcontractors be treated equitably in the number and type of service calls received from the Police Dispatcher on the Police Vendor List.

##### Sec. 10A-158.08. Definitions

Prince George's County, Md., Code § 10A-158.08 (2026)

(a) Contractor, as defined in Section 10A-101(a)(12), means any business or person having a written contract with the County.

(b) County-based minority business enterprise, as defined in Section 10A-101(a)(13.2), means a business that is both:

  (1) a minority business enterprise as certified by the Supplier Development and Diversity Division; and

  (2) a County-based business in accordance with Section 10A-163 of this Subtitle.

(c) County-based small business, as defined in Section 10A-101(a)(13.3), means a business that:

  (1) (i) meets the requirements of Section 10A-163(b) of this Subtitle and (ii) whose application for certification as a County-based small business is approved by the Purchasing Agent; or

  (2) is a County-based minority business enterprise that meets the requirements of Section 10A-163(g) of this Subtitle.

(d) Minority business enterprise, as defined in Section 10A-101(a)(26), means any business enterprise:

  (1) Which is at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals; and

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more minority individuals; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a Minority Business Enterprise pursuant to Division 6 of this Subtitle.

(e) Minority individuals, as defined in Section 10A-101(a)(27), are those who have been subjected to prejudice or cultural bias because of their identity as a member of a group in terms of race, color, ethnic origin, or gender, without regard to their individual capabilities. Minority individuals are limited to members of the following groups:

  (1) African Americans (Black Americans), which includes persons having origins in any of the Black racial groups of Africa;

  (2) Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;

  (3) Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;

  (4) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

  (5) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;

  (6) Females, regardless of race, ethnicity or origin; and

  (7) Veterans and Service Disabled Veterans.

(f) Police Department shall mean the Prince George's County Police Department.

(g) Subcontractor shall mean any person undertaking part of the work under the terms of the contract, by virtue of an agreement with a Contractor.

##### Sec. 10A-158.09. Police Department Towing Contracts; requirements

Prince George's County, Md., Code § 10A-158.09 (2026)

(a) Police Department towing contracts shall be subject to the provisions of this Subtitle, except as follows:

  (1) Notwithstanding Section 10A-161 and Section 10A-162 of this Subtitle, at least fifty-one percent (51%) of the total annual dollars paid from Police Department towing contracts shall be paid to County-based minority business enterprises and County-based small businesses, with no less than twenty-nine (29%) of the total annual dollars paid from Police Department towing contracts paid to County-based minority business enterprises; and

  (2) Police Department towing contracts shall be bid every two years with no option for extensions; and

  (3) Contractors or Subcontractors with an employee or employee(s) with one felony conviction shall be considered as eligible bidders, Contractors, and Subcontractors in Police Department towing bids, contracts, and subcontracts.

  (4) Neither Contractors or Subcontractors shall dispatch drivers who have been convicted of a violent felony in the last five years.

  (5) Employee or Employees with misdemeanors shall not be a factor in eligibility.

##### Sec. 10A-158.10. Police Department Towing Contracts; bid, contract, and subcontract reporting

Prince George's County, Md., Code § 10A-158.10 (2026)

(a) The Purchasing Agent shall prepare and transmit to the County Council and the County Executive, on a quarterly basis, a written report containing the information collected pursuant to this Section.

(b) The Purchasing Agent shall collect and maintain on bidders, Contractors, and Subcontractors for Police Department towing contracts.

(c) For each solicitation of Police Department towing services, the information collected shall include, but not be limited to:

  (1) Total number of bidders; and

  (2) Business name of each bidder that responded to the solicitation; and

  (3) Business name of each County certified bidder that responded to the solicitation listed by subcategory of County-based Minority Business Enterprise: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise, and (G) County-based small business; and

  (4) Business name of each bidder awarded a contract under the solicitation; and

  (5) Final list of County certified businesses awarded contracts under the solicitation, listed by subcategory of County-based Minority Business Enterprise: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise, and (G) County-based small business; and

  (6) Business names of all Subcontractors, if any, identified by each Contractor awarded a contract under each solicitation, listed by subcategory of County-certified Minority Business Enterprise: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise, and (G) County-based small business; and

(d) With each quarterly report submitted pursuant to this Section, the Purchasing Agent shall also submit:

  (1) The Police Towing Vendor List: and

  (2) Service calls transmitted by the Police Dispatcher to Contractors sorted by business name, County certified businesses by category and subcategory and type of service call with monthly total calls to be included in quarterly reports.

(e) On an annual basis, within 3 months after the end of the fiscal year, the Purchasing Agent shall report to the County Executive and County Council on the amount paid and percentage of the overall annual dollars paid for Police Department towing contracts for the fiscal year to teach of the following categories of business:

  (1) County-based minority business enterprises, also reported by the amount paid and percentage of the overall annual dollars paid for Police Department towing contracts to each of the following subcategories of County-based minority business enterprises: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise; and

  (2) County-based small businesses.

### Division 7. Economic Development

#### Sec. 10A-159. Legislative findings and policy

Prince George's County, Md., Code § 10A-159 (2026)

(a) The County government finds that the public interest will be served by encouraging businesses to locate and remain in Prince George's County through the provision of local bid and proposal preferences and participation requirements for County-based businesses and County-based small businesses in the award of contracts in direct government procurement.

(b) The County government finds that the local bid and proposal preferences and local participation requirements in direct government procurement prescribed in Subdivision 1 of this Division will serve the public interest because the resulting growth and development of County-based businesses and County-based small businesses will have a significant, positive impact on the economic health of the County by, among other things, increasing the County's commercial tax revenue and improving access to good paying careers for local residents. This will help achieve the public interest objective of diversifying and enlarging the County's tax base that funds vital public services, which is currently overly reliant on residential property taxes.

(c) The County government finds that the local bid and proposal preferences and local participation requirements in direct government procurement prescribed in Subdivision 1 of this Division will serve the public interest objective of rewarding those businesses which contribute the most to the County's economy, especially County-based small businesses, which are the most likely businesses to create jobs for County residents.

(d) The County government finds that because of the lack of local career opportunities for County residents, only forty percent (40%) of the jobs in the County are held by County residents (sixty percent (60%) are held by non-County residents) and approximately sixty percent (60%) of the County's resident workforce works outside of the County on a daily basis, the highest percentage of out-migration of a local workforce of any jurisdiction in the Washington DC Metropolitan Statistical Area (MSA), which:

  (1) Leads to insufficient and inconsistent daytime consumer spending in local businesses, including retail and professional services, which hurts the County's commercial tax base; and

  (2) Causes longer commute times for local residents and contributes to worsening traffic congestion, which is among the worst in the nation; expensive road repair and maintenance costs to county taxpayers; and reduced time for parental supervision of county school-aged children by working parents.

(e) The County government finds that the lack of local career opportunities for County residents contributes to the County having the highest poverty and unemployment rates among suburban jurisdictions in the Washington DC MSA and having the highest foreclosure and uninsured rates of any jurisdiction in the State of Maryland. The lack of nearby career opportunities limits access to employment for low-to-moderate income County residents who have more limited transportation options.

(f) The County government finds that too few of the existing career and business opportunities related to government funded projects benefit County residents, which contributes in part to the overall lack of employment and business opportunities in the County for County residents, particularly low-to-moderate income residents, County-based businesses, and County-based small businesses. Further, the County government finds that from 2000 to 2011, there was little to no new net job creation in the County, despite nearly an 8% increase in the County's population.

(g) The County government finds a substantial reason and basis for the County resident hiring goals prescribed in Subdivision 2 of this Division, including the goal that at least fifty-one percent (51%) of the work hours on direct government procurement, be worked by County residents, because the County resident hiring goals will serve the County's public and proprietary interest by:

  (1) Reducing the out-migration of the local workforce, which will increase local consumer spending in county businesses and increase the County's commercial tax base;

  (2) Helping reduce the County's worsening traffic congestion, road repair costs, and commute times for working parents; and

  (3) Increasing access to nearby career opportunities for County residents with jobs paying a prevailing wage and likely to include health and other benefits, which will reduce the County's unemployment, uninsured, foreclosure, and poverty rates and assist County residents in affording the high cost of living in the Washington DC MSA.

(h) The County government finds that the County resident hiring goals prescribed in Subdivision 2 of this Division, including the goal that at least fifty-one percent (51%) of the work hours on direct government procurements be worked by County residents, will not unduly burden or unreasonably restrict access to employment in the County for out of state residents. Because Subdivision 2 of this Division only requires a demonstration of "best efforts" to meet the local hiring goals (rather than requiring employers to meet the local hiring percentages themselves), in addition to including the appropriate exceptions, the provisions of Subdivision 2 of this Division are not unnecessarily broad and are sufficiently flexible and tailored to achieve the public interest objectives outlined in this Section.

(i) The County government finds that County-based minority business enterprises undergo extensive certification review through their existing minority business enterprise certification procedures, which establish their principal places of operation and typically contain size of business restrictions, like the Maryland Department of Transportation (MDOT) Minority or Disadvantaged Business Enterprise (MBE/DBE) Program, and which are comparably rigorous to County-based business and County-based small business certification under this Subtitle. It is in the public interest to reduce the redundancy and regulatory burden of County-based business and County-based small business certification procedures for businesses that have already been approved for minority business enterprise certification.

#### Sec. 10A-159.01. Waiver

Prince George's County, Md., Code § 10A-159.01 (2026)

(a) A waiver from the participation requirements set forth in this Division, in accordance with the waiver procedures prescribed in this Division, shall be granted for contracts as follows:

  (1) A contract or procurement valued five hundred thousand dollars ($500,000) or more shall be subject to a written waiver from the Purchasing Agent that is approved by the Chief Administrative Officer or the Chief Administrative Officer's designee and will not be subject to the participation requirements in Division 7 Economic Development in this Subtitle;

  (2) A contract or procurement with a total value greater than twenty-five hundred dollars ($2,500) and less than five hundred thousand dollars ($500,000) shall be subject to a written waiver by the Purchasing Agent or the Purchasing Agent's designee and will not be subject to the participation requirements in Division 7 Economic Development of this Subtitle.

  (3) For a contract or procurement subject to Council approval under Section 819 of the County Charter, a waiver of any of the requirements of Division 7 of this Subtitle for such a contract or procurement shall also require Council approval.

(b) Where a waiver is proposed in accordance with this Section, the Purchasing Agent or the Purchasing Agent's designee shall consider in the written waiver whether a Mentor-Protégé Program Requirement should be included in the contract or procurement.

(c) The Purchasing Agent shall provide to the Clerk of the Council for distribution to the members of the County Council, a quarterly written summary of the waivers granted in accordance with this Section every three months detailing the contract value, contract awardee, address of the contract awardee's principal place of business, and industry area of the contract for each waiver granted in the prior 3 month period.

#### Sec. 10A-159.02. Definitions

Prince George's County, Md., Code § 10A-159.02 (2026)

(a) In this division the following terms shall have the denoted meanings:

  (1) Agency shall mean county agency, county department, and county office or any agency, department, or office established in-whole or in-part under the authority of the Charter or county law.

  (2) Procurement shall mean the process of: (1) leasing real or personal property as lessee; or (2) buying or otherwise obtaining supplies, services, construction, construction related services, architectural services, engineering services, or services provided under an energy performance contract.

  (3) Procurement contract shall mean an agreement in any form entered into by an agency for procurement.

  (4) Procurement officer shall mean an individual authorized by an agency to: (1) enter into a procurement contract; (2) administer a procurement contract; or (3) make determinations and findings with respect to a procurement contract.

  (5) Procurement related employee shall mean contract service officer, procurement assistant, or procurement officer.

#### Sec. 10A-159.03. Procurement

Prince George's County, Md., Code § 10A-159.03 (2026)

(a) On or before May 1 of each year, each agency shall publish on its agency's website its procurement forecast listing all known and anticipated procurements to be made by the agency in the upcoming fiscal year; to include, an estimate of the specific supplier diversity requirements and goals for each procurement.

(b) When an agency is determining a procurement officer's evaluation or whether a procurement officer is eligible for a merit increase or performance-based promotion for the procurement officer or procurement related employee responsible for county procurement on behalf of the agency, the agency shall consider the efforts of the procurement officer or procurement related employee to assist the agency in meeting the supplier diversity and local hiring goals and requirements for the agency's procurements in accordance with this Subtitle.

(c) At the discretion of an Agency or department director, if an agency does not meet an agency supplier diversity goal set pursuant to this Subtitle, the agency's procurement officer or procurement related employee procuring goods and services on behalf of that agency:

  (1) May not receive any merit increase or promotion based on their performance during any fiscal year in which the goal is not met and there is no improvement over the previous fiscal year toward meeting that goal; and

  (2) If there is no improvement toward meeting the goal over three (3) consecutive fiscal years, may have their employment with the agency terminated or be reassigned to a position that does not include involvement with the agency's procurement activities, provided that this does not preclude an agency from taking these employment actions prior to the three fiscal year period.

#### Subdivision 1. County-Based Small Business Assistance

##### Sec. 10A-160. Fund; establishment

Prince George's County, Md., Code § 10A-160 (2026)

There is hereby established and created a special purpose non-lapsing fund to be known as the "Local Business Childcare Grant Fund."

##### Sec. 10A-160.01. Definitions

Prince George's County, Md., Code § 10A-160.01 (2026)

In his Subdivision the following terms shall have the denoted meanings.

(a) Childcare Contribution means an employer's contribution to an employee's dependent care flexible spending account under section 125 of the Internal Revenue Code.

(b) Director means the Director of the Office of Finance or the Director's designee.

(c) Eligible Employee means an employee of a Local Business who is Resides in the County.

(d) Fund means the Local Business Childcare Grant Fund.

(e) Household Incomes means the income of the employee and that person's spouse.

(f) Local Business shall mean both non-profit and for-profit entities that:

  (1) has its Principal Place of Business in the Prince George's County; and

  (2) has fifty (50) employees or less full-time employees.

(g) Principal Place of Business means the head office of the business within which the principal financial functions and operational control of the activities referred to in this subtitle are exercised that includes a physical structure, office, or suite, but does not include a post office box, a temporary job site, or project location.

(h) Program means the Local Business Childcare Grant Program established in this subtitle.

(j) Reside(s) means to be physically present and to maintain a permanent place of abode in the County for an average of no fewer than four (4) calendar days and nights per week.

##### Sec. 10A-160.02. Local Business Childcare Grant Program

Prince George's County, Md., Code § 10A-160.02 (2026)

(a) Establishment of Program. Subject to appropriation, the Director shall create and administer a Local Business Childcare Grant Program to assist Local Businesses that provide childcare contributions for the benefit of Eligible Employees. their employees.

(b) Eligibility. The Director, based upon information submitted by the applicant for assistance, shall find that:

  (1) the applicant owns a Local Business; and

  (2) the Local Business provides childcare contributions to Eligible Employees. its employees.

(c) Grant Agreement. In order to receive financial assistance from the Fund under the Program, a Local Business shall enter into a grant agreement with the County, which shall obligate and commit it to:

  (1) the County's right to audit financial records of the Local Business;

  (2) the Local Business' reporting obligations to the Director; and

  (3) the Local Business' obligation to remit to the County any unused or improperly used Funds.

(d) Financial assistance. The Director may award a grant from the Fund to an eligible Local Business under paragraph (b) of this section to an Eligible Employee. The amount of the grant shall not exceed fifty percent (50%) of the annual amount(s) of childcare contributions paid by the Local Business and it shall be used solely for the purpose of providing childcare contributions to Eligible Employees employee who earn gross incomes of less than forty-two thousand dollars and zero cents ($42,000.00) annually or have combined Household Incomes of less than eighty-seven thousand dollars and zero cents ($87,000.00) annually, whichever is greater.

(e) Regulations. The Director shall implement methods, procedures, and regulations to implement this Section. The regulations shall specify the application procedures and eligibility criteria for a grant to a Local Business under the Program.

(f) Reports. On or before March 31 of each year, the Director shall report to the County Council on the activities of the Program. The report shall include:

  (1) the number of local businesses participating in the Program;

  (2) the number and dollar amount of grants made; and

  (3) an evaluation of the impact of the Program on economic development within the County.

##### Sec. 10A-161. County-based business participation requirements

Prince George's County, Md., Code § 10A-161 (2026)

(a) For any procurement that is greater than One Million Dollars ($1,000,000) in total value for which a County agency or the County government secures competitive bids or proposals the Purchasing Agent shall require the following:

  (1) At least fifty percent (50%) certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation, with a floor of fifteen percent (15%) County-based minority business enterprise participation; provided, that the costs of materials, goods, and supplies shall not be counted towards the fifty percent (50%) participation requirement, unless such materials, goods, and supplies are purchased from County-based small businesses, County-based minority business enterprises, and/or Locally-owned and Operated Businesses; and

  (2) A bid or proposal responding to a solicitation shall be deemed nonresponsive and shall be rejected by the Purchasing Agent if it fails to meet the fifty percent (50%) minimum certified County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirement in Paragraph (1) of this Subsection, unless the participation requirement is waived pursuant to Section 10A-159.01.

  (3) Any existing procurement contract or agreement for which a County agency or the County government secured competitive bids or proposals, including any existing multiyear contract or extended contract that does not include at least fifty percent (50%) minimum certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation as prescribed in this Subsection at the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), shall not be renewed or extended unless the participation requirement is waived pursuant to Section 10A-159.01.

(b) If the Purchasing Agent determines in writing that there are insufficient responsible County-based small businesses, County-Based Minority Business Enterprise, and/or locally-owned and operated businesses to completely fulfill the requirement of Paragraph (1) of Subsection (a) for a particular procurement or if the requirement would result in the loss of federal or state funds or grants, the Purchasing Agent may waive the participation requirements of Division 7 pursuant to and subject to Section 10A-159.01.

(c) Disparity Study Implementation

  (1) On a procurement by procurement basis, the Purchasing Agent or the Purchasing Agent's designee shall establish an overall Minority Business Enterprise ("MBE") goal and MBE goals for the contract, consistent with the findings of availability and disparities in the most recent Prince George's County Utilization and Availability Study (hereinafter "County Disparity Study"), subject to paragraph (2), below.

  (2) For every procurement, the process for establishing an overall MBE goal and MBE subgoals shall be as follows:

    (A) The Purchasing Agent or the Purchasing Agent's designee shall determine whether the procurement exceeds $250,000 in value;

    (B) The Purchasing Agent or the Purchasing Agent's designee shall determine whether the procurement will include subcontracting;

    (C) If the procurement exceeds $250,000 in value and will include subcontracting, the Purchasing Agent or the Purchasing Agent's designee shall include an overall MBE goal and MBE subgoals in accordance with the "Disparity Study Recommended MBE Goals and MBE Subgoals" set forth in subparagraph (E), below, unless the number of certified firms that are MBE firms and/or firms within the recommended MBE subgroup that are available to perform the work on the contract is less than three (3). If the procurement exceeds $250,000 in value and will include subcontracting, the Purchasing Agent or the purchasing agent's designee shall include an overall MBE goal and MBE subgoals in accordance with the "Disparity Study recommended MBE goals and MBE subgoals" set forth in subparagraph (e), below, unless the number of certified firms that are MBE firms and/or firms within the recommended MBE subgroup that are available to perform the work on the contract is less than three (3). If the Purchasing Agent or Purchasing Agent's designee determines not to include an overall MBE goal and/or the recommended MBE subgoals in accordance with the "Disparity Study Recommended MBE goals and MBE subgoals" set forth in subparagraph (e), below, the determination shall be in writing and must be approved in advance by the director of central services.

    (D) MBE waiver. If a bidder or offeror is unable to meet the overall MBE goal and/or any MBE subgoals established for a contract, the bidder or offeror may request a waiver from the Purchasing Agent or the Purchasing Agent's designee and submit documentation demonstrating that it made best efforts to meet the overall MBE goal and MBE subgoals. "Best efforts" shall be defined in procurement regulations with the approval of the Purchasing Agent. Such a waiver determination must be in writing and may be granted only with the approval of the Purchasing Agent.

    (E) Disparity Study Recommended MBE goals and MBE subgoals. The "Disparity Study Recommended MBE goals and MBE subgoals" are as follows:

      (i) for any construction or public works contracts or procurements, the MBE goal is 43%, the AABE subgoal is 23%, and the AAPIBE subgoal is 7%.

      (ii) for any architectural and engineering contracts or procurements, the MBE goal is 33% and the AABE subgoal is 16%.

      (iii) for any professional services contracts or procurements, the MBE goal is 29%, the AABE goal is 15%, and LBE goal is 5%.

      (iv) for any other services contracts or procurements, the MBE goal is 34% and the LBE goal is 6%.

      (v) for any goods and supplies contracts or procurements, the MBE goal is 22% and the LBE goal is 4%.

    (F) An MBE goal and/or an MBE subgoal is calculated as a percentage of the county's expenditures on the overall contract or procurement. MBE subgoal expenditures are a subset of overall MBE goal expenditures for a contract or procurement and count towards achieving the overall MBE goal for that contract or procurement.

(d) Failure to apply the applicable provisions of this subtitle to a procurement award shall render the procurement award and/or contract or agreement void.

(e) On a case by case basis, for any procurement subject to the requirements of Subsection (a) of this Section, the Purchasing Agent may require more than fifty percent (50%) certified County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation if the Purchasing Agent determines that there is a sufficient number of County-based small businesses, County-based minority business enterprises, or Locally-owned and Operated Businesses to justify a higher than 50% certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation requirement.

(f) The Prince George's County Supply Schedule Program. There is established a Prince George's County Supply Schedule (PGCSS) program, a sheltered-market procurement program shall be awarded only to County-based small businesses. The PGCSS program may consist of multiple award schedules or other procurement programs established by the Purchasing Agent.

  (1) Pursuant to Section 10A-138, the Purchasing Agent shall propose to the County Council the PGCSS a list of North American Industry Classification System (NAICS) industry classifications or comparable categories of goods or services that shall only be available for bid or award among County-based small businesses, County-based minority business enterprises and/or County-based businesses during the next fiscal year, based on the capacity and prevalence of County-based small businesses, County-based minority business enterprises and/or County-based businesses within those industry categories. The proposed PGCSS is subject to approval by resolution of the County Council or the PGCSS proposed by the Purchasing Agent shall go into effect for the next fiscal year.

  (2) A PGCSS contract may be awarded by:

    (A) Any source selection method authorized by this Subtitle;

    (B) A contract with a contractor who maintains a price agreement or schedule with any federal agency so long as the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor; or

    (C) A contract with a contractor who agrees to adopt the same pricing schedule for the same goods or services as that of a contractor who maintains a price agreement or schedule with any federal agency if the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor.

  (3) The Purchasing Agent or the Purchasing Agent's designee may issue a waiver subject to 10A-159.01.

(g) If the Purchasing Agent determines there is a sufficient number of responsible firms in the respective procurement's industry area(s), the Purchasing Agent may restrict any competitive procurement subject to this Subtitle for solicitation and award to prime bidders or prime proposers that are County-based small businesses.

(h) the acquisition of proprietary information technology goods and services shall not be subject to the requirements of Division 7 of this subtitle.

([(i) Reserved.]

(j) For any procurement subject to Section 10A-112, 10A-113 or 10A-114 of this Subtitle with a total value equal to or less than One Million Dollars ($1,000,000), each County agency or the Purchasing Agent shall set-aside the procurement only for award to County-based small businesses, subject to Paragraphs (1)-(3) of this Subsection.

  (1) A County agency shall not be required to set aside a procurement for County-based small businesses under this Subsection if there are not at least two (2) County-based small businesses that can sufficiently provide the services or goods which are the subject of the procurement. For procurements subject to 10A-112, a County agency may also refuse to set aside a procurement for County-based small businesses under this Subsection if the agency determines that the lowest County-based small business bid is for a price that is twelve percent (12%) or more above the likely price on the open market.

  (2) Only if a County agency satisfies the requirements of Paragraph (1) of this Subsection and receives written approval from the Purchasing Agent may the County agency thereafter award the procurement in the open market, subject to all of the other applicable preferences prescribed in this Subdivision.

  (3) Any existing contract or agreement, including any existing multiyear contract or extended contract, for a procurement funded by a County agency or the County government with a total value equal to or less than One Million Dollars ($1,000,000) that was not set-aside for County-based small businesses or County-based businesses pursuant to the requirements of this Section, at the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), shall not be renewed or extended. This Paragraph shall not apply to a contract or agreement for a procurement with greater than fifty (50%) certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation.

(k) The Purchasing Agent may waive the requirements of Subsection (c) of this Section for a procurement if the Purchasing Agent certifies in writing that such a requirement would result in the loss of federal or state funds, subject to the requirements of Section 10A-159.01.

(l) Local Diverse Supplier Prime Contractor Program.

  (1) The Purchasing Agent shall reserve at least 20% of all construction-related procurements awarded by all units of the County Government, other than procurements for roads and bridges, solely for bids, proposals, and awards for prime bidders, prime proposers, and prime contractors that are:

    (A) Locally Owned and Operated Businesses; or

    (B) County-Based Minority Business Enterprises.

  (2) Reporting, Exemptions, and Public Notice.

    (A) Reporting. As part of the annual report to the County Council and County Executive required under Section 10A-176, the Purchasing Agent shall provide:

      (i) a list of procurements selected to be subject to the requirements of this Subsection during the fiscal year; and

      (ii) a summary and analysis of the outcome of the awarded procurements reserved in accordance with this Subsection for the previous fiscal year.

    (B) Exemption. If the Purchasing Agent determines that a procurement listed in accordance with Subparagraph (A), above, is no longer suitable for reservation in the Local Diverse Supplier Prime Contractor Program accordance with this Subsection, the procurement can be removed from reservation, provided that the Purchasing Agent identifies one or more additional procurements that replace the procurement value of the exempted procurement, which shall be included in the reserved procurements for that fiscal year in accordance with this Subsection.

    (C) Public notice. Any solicitations for procurements reserved for the Local Diverse Supplier Prime Contractor Program in accordance with this Subsection shall be made publicly available without cost or subscription on a website maintained by the Office of Procurement at the time of solicitation of bids or proposals.

##### Sec. 10A-162. County agency local procurement goals

Prince George's County, Md., Code § 10A-162 (2026)

(a) Each County agency, including, but not limited to, each County agency that procures in whole or in part through the Office of Procurement, shall use its "best efforts" to exercise its procurement authority so as to meet, on an annual basis, the goal of procuring at least fifty percent (50%) of the dollar volume of its goods and services, including, but not limited to, construction goods and services, to County-based businesses and at least thirty percent (30%) to County-based small businesses; and

(b) The dollar volume referenced in Subsection (a) of this Section shall be based on the expendable budget of the County agency.

(c) If a County agency fails to meet any of the goals set forth in Subsection (a) of this Section or otherwise fails to comply with this Division, the County Executive, or the County Council by resolution, may require that a portion of the agency's procurements be made part of a set-aside program for County-based businesses and/or County-based small businesses. A County agency in violation of this Division may also be subject to a temporary or permanent reduction in its proposed budget allocation in the annual County budget process.

(d) As a condition of receiving funding from the County government, a non-County agency or entity that receives more than fifty percent (50%) of its annual budget in the most recent fiscal year from funds received from or administered by a County agency or the County government shall comply with the same goals and requirements as a County agency under Subsections (a), (b) and (c) of this Section, unless the non-County agency or entity certifies in writing to the County Council and the County Executive that such compliance would violate federal or state law.

(e) Annual County Agency Procurement Forecast. By July 1 of each year, the Purchasing Agent shall publish on a central designated website a forecast of procurement opportunities for each County agency for the next fiscal year. Each County agency shall expeditiously comply with any information requests from the Office of Procurement in the collection of information to comply with this Subsection. The Purchasing Agent shall provide a courtesy electronic copy of the County Agency Procurement Forecast to a designated representative of the Prince George's Chamber of Commerce, Greater Prince George's Business Roundtable, and the Prince George's Community College.

##### Sec. 10A-162.01. Compliance with local preferences

Prince George's County, Md., Code § 10A-162.01 (2026)

(a) All procurements under micro-purchase, small purchase, or simplified procurement procedures shall comply with County-based small business participation requirements, set-asides, certification requirements, and local business goal provisions as set out in Section 10A-161 and Section 10A-162, or other relevant sections.

##### Sec. 10A-163. County-based business certification requirements

Prince George's County, Md., Code § 10A-163 (2026)

(a) Except as provided for in Subsection (h), below, a business that seeks to be certified as a County-based business shall make application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless the business:

  (1) Requires that its chief executive officer and the highest level managerial employees of the business maintain their offices and perform their managerial functions in the County;

  (2) Files a written certificate that the business is not delinquent in the payment of any County taxes, charges, fees, rents or claims;

  (3) Files a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within Prince George's County within the preceding twelve (12) months;

  (4) Files documentation showing that during the preceding twelve (12) months the business has continuously maintained a valid business license or permit;

  (5) Files documentation showing that during the preceding twelve (12) months the business has continuously occupied an office within the County, as its principal place of operation; and

  (6) Files documentation showing that:

    (i) More than fifty percent (50%) of the business' full-time employees are County residents; or

    (ii) The owners of more than fifty percent (50%) of the business are County residents; or

    (iii) More than (fifty percent) 50% of the assets of the business, excluding bank accounts, are located in the County; or

    (iv) More than (fifty percent) 50% of the total sales or other revenues of the business are derived from transactions of the business in the County.

(b) Except as provided for in Subsection (h), below, a business that seeks to be certified as a County-based small business shall make an application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless:

  (1) The business meets the requirements of Section 10A-163(a); and

  (2) The business meets the definition of "small business" pursuant to the Code of Maryland Regulations ("COMAR") 21.01.02.01(80); or

  (3) The business meets the federal definition of "small business concern" in Part 121 of Title 13 of the Code of Federal Regulations.

(c) Certification shall be valid for a three-year period.

(d) Once an application for certification is approved under this Section by the Purchasing Agent, a copy of the approved application shall be expeditiously transmitted to the County Auditor.

(e) A business whose application is approved for certification as a County-based small business is automatically certified as a County-based business.

(f) Nonprofit entities that satisfy the applicable requirements of this Section are eligible to be certified as County-based businesses and County-based small businesses.

(g) A business that is certified as a County-based business or County-based small business shall meet the requirements of certification under this Section continuously after the date the business's application for certification is approved by the Purchasing Agent or the business's certification shall be void. In such instances, the business must re-apply pursuant to the requirements of this Section to be certified as a County-based business or a County-based small business.

(h) Reducing redundant certifications.

  (1) A business that is certified as a minority business enterprise (MBE) pursuant to Section 10A-101(a)(26), whose certification indicates that the business's principal address, principal place of operation, or domicile is within Prince George's County, Maryland, shall be automatically deemed by the Supplier Development and Diversity Division and the Purchasing Agent to be a certified County-based minority business enterprise and County-based business under this Subtitle without further application or certification.

  (2) Valid MBE or DBE certification status in accordance with this Subsection shall satisfy the documentation requirements for any County-based business or County-based small business certification renewal for County-based minority business enterprises.

(i) Validity during renewal review. At the time of any certification renewal, an existing certification authorized by this Division shall continue to be valid during the pendency of review of the business entity's certification by the Supplier Development and Diversity Division or the Office of Procurement, provided that the business submitted the required renewal documents and other information, and such documents were received by the Supplier Development and Diversity Division or the Office of Procurement on or before the expiration date of the business's certification. The Supplier Development and Diversity Division or the Office of Procurement shall request in full all documents and information required for renewal in writing to the certified business entity at least ninety (90) days prior to the expiration date of the business entity's certification or the expiration date shall be extended until ninety (90) days after the complete written request is sent to the subject certified business entity.

(j) In addition to the methods included in the provisions of Subsection (h), above, the Purchasing Agent may utilize an expedited process for any certification renewal under this Division, including the submission of a (i) a "no change" affidavit, (ii) a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has operated within the County within the preceding twelve (12) months, and (iii) a certificate of good standing with the Maryland State Department of Assessments and Taxation, to satisfy the documentation requirements for certification renewal.

(k) On a case by case basis, the Purchasing Agent may require additional information for verification purposes at the Purchasing Agent's discretion.

(l) A joint venture entity, where a County-based business, County-based minority business enterprise, or County-based small business owns, without condition, a majority (more than 50%) of the joint venture entity's assets and is entitled, without condition, to a majority (more than 50%) of the joint venture entity's revenues and profits, is eligible to be certified as a County-based business, County-based minority business enterprise, or County-based small business, respectively, provided that the majority ownership of the joint venture entity satisfies the respective requirements of this Section.

##### Sec. 10A-163.01. Validity of Diverse Supplier Certifications

Prince George's County, Md., Code § 10A-163.01 (2026)

(a) All diverse supplier certifications shall be valid for a three-year period.

(b) The Purchasing Agent may grant temporary certification to those who have submitted applications to become certified as a County-based business, County-based small business, County-located Business, County-based Minority Business Enterprise and Minority Business Enterprise for a period not to exceed ninety (90) days from the date the certification application is submitted to the County.

(c) The Purchasing Agent may promulgate rules and regulations for the implementation and administration of temporary certification as a County-based business, County-based small business, County-located Business, and Minority Business Enterprise.

##### Sec. 10A-164. Enforcement of County-based business assistance

Prince George's County, Md., Code § 10A-164 (2026)

(a) For the entire duration of the procurement contract or agreement, any vendor given a preference under this Division or subject to the business participation requirements under this Division shall maintain no less than the percentage of participation stated in the winning bid or proposal. Failure to comply with this Division may subject any vendor given a business preference under this Division, or that is subject to business participation requirements under this Division to a penalty, to include monetary fines of up to five percent (5%) of the value of the contract for each violation, a cancellation of the contract or agreement, or suspension or debarment of the vendor under Section 10A-148 of this Subtitle.

  (1) A vendor may request a waiver of the requirements of this Section by the Purchasing Agent. On a case by case basis, such a waiver request may be granted by the Purchasing Agent if "best efforts" by the vendor to comply have been demonstrated as prescribed in Subsection (e) of this Section, subject to Section 10A-159.01.

(b) Any vendor given a County-based business preference under this Division, subject to the County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirements of Section 10A-161(a), or the Disparity Study Implementation Goals of Section 10A-161 shall submit a quarterly report within thirty (30) calendar days after the end of each quarter to the Purchasing Agent, the County Auditor, and a compliance manager designated by the County Council that provides:

  (1) The percentage and U.S. dollar value of certified County-based small business participation, County-based minority business enterprise participation, or Locally-owned and Operated Business participation, and certified participation of businesses within the disparity classifications of businesses specified in Section 10A-161(c) (only for the disparity classifications of businesses for which the procurement has participation goals, if any) in the most recent quarterly period, including reporting the percentage and U.S. dollar value of certified participation in the aforementioned categories for the period from the beginning of the calendar year to the reporting date;

  (2) The name and principal place of operation of each business receiving payment under the procurement in the most recent quarterly period, including the U.S. dollar value and percentage of the total contract dollars paid in the most recent 3 month period to each business; and

  (3) The expected percentage and U.S. dollar value of certified County-based small business participation, County-based minority business enterprise participation, and Locally-owned and Operated Business participation, and certified participation of businesses within the disparity classifications of businesses specified in Section 10A-161(c) (only for the disparity classifications of businesses for which the procurement has participation goals, if any) in the next 12 month period.

(c) At the discretion of the Purchasing Agent or the County Auditor, any vendor given a business preference under this Division or subject to the business participation requirements of this Division shall be subject to an audit of documents or other information deemed necessary by the Purchasing Agent or the County Auditor to verify compliance with this Section upon thirty (30) calendar days written notice, including, but not limited to, copies of any contracts with subcontractors or other vendors.

(d) The Purchasing Agent shall make compliance with this Subdivision a written condition of any contract or agreement for any procurement subject to Sections 10A-112, 10A-113, and 10A-114 of this Subtitle, by including a mandatory written compliance clause in every such contract or agreement.

(e) In this Subdivision, the term "best efforts" means efforts to the maximum extent practicable have been made to meet the requirement. A vendor given a County-based business preference under this Division or subject to the County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation requirements or Disparity Study Implementation Goals under this Division shall not be deemed to have demonstrated "best efforts" under Subsection (a) of this Section where there is a sufficient number of County-based small businesses, County-based minority business enterprises, Locally-owned and Operated Businesses, and, if applicable, diversity classifications of businesses to enable the vendor to meet the requirements of Subsection (a) of this Section. A waiver authorized by Paragraph (1) of Subsection (a) of this Section shall not be granted unless the vendor seeking the waiver:

  (1) Provides a detailed written statement of the reasons the vendor is unable to maintain its required percentages of participation of County-based businesses, County-based small businesses, County-based minority business enterprises, and/or, if applicable, disparity classifications of businesses (collectively meaning, in this Division, "Diverse Suppliers");

  (2) Provides a detailed written statement of its efforts to maintain its percentages of participation of Diverse Suppliers originally required in the procurement, including the precise reasons and justifications for the departure of County-based businesses and County-based small businesses from the procurement since the initial award of the procurement and the vendor's efforts to contact and negotiate with other Diverse Suppliers including:

    (A) The names, addresses, and telephone numbers of the Diverse Suppliers that were contacted and the dates such County-based businesses were contacted, and

    (B) A description of the information provided to Diverse Suppliers regarding the descriptions of services or goods sought for the procurement, including plans, specifications and anticipated time schedule for any portions of the work to be performed, where applicable;

  (3) As to each Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) that placed a subcontract or other quotation or offer which the vendor considered not to be acceptable, a detailed written statement that includes sufficient reasons for this conclusion;

  (4) A written list of Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) found to be unavailable to perform under the procurement; and

  (5) Provides a detailed description demonstrating that the vendor made sufficient efforts to assist interested Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) in obtaining bonding, lines of credit, or insurance required by the vendor.

Based on an analysis of the information provided by the vendor seeking a waiver authorized by Paragraph (1) of Subsection (a) of this Section and an analysis by the Purchasing Agent of the availability of Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) that provide services or goods that are the subject of the procurement, the Purchasing Agent shall determine whether "best efforts" to comply have been demonstrated by the vendor and whether to propose to grant the vendor's request for a waiver authorized by Paragraph (1) of Subsection (a) of this Section, subject to the approvals required by this Section. If the Purchasing Agent does propose to grant a waiver authorized by Paragraph (1) of Subsection (a) of this Section, the Purchasing Agent shall propose a new minimum percentage requirement for participation of the categories of Diverse Suppliers originally required in the procurement for the vendor's procurement based on the availability of Diverse Suppliers that provide services or goods that are the subject of the procurement, subject to the approvals required by this Section.

(f) Small Business Subcontracting Plan required. Where the prime contractor is not a County-based small business, County-based minority business enterprise, or Locally-owned and Operated Business, the fifty percent (50%) County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirement of Sections 10A-161(a) and 10A-114(c) shall be governed by a Small Business Subcontracting Plan, submitted by the prime contractor.

  (1) Small Business Subcontracting Plan is a written plan listing all subcontracts, including individual contract values, between the prime contractor (contract award recipient) and Diverse Suppliers (within a category for which there is a participation requirement or goal on the procurement); and between Diverse Suppliers and Non-Diverse Suppliers and all lower tier Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) subcontractors for the procurement.

  (2) At the time of bid or proposal submission for procurements subject to Section 10A-161(a) or prior to the execution of a contract between the County and any vendor for a procurement subject to Section 10A-114(c), the prime contractor(s) shall submit a Small Business Subcontracting Plan executed by the prime contractor and all of the subcontractors being utilized to fulfill the fifty percent (50%) County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirement of Section 10A-161(a) or 10A-114(c).

    (A) For procurements subject to Section 10A-161(a), any bid or proposal that does not meet the requirements of this Subsection shall be deemed nonresponsive.

    (B) Any prime contractor failing to comply in good faith with the components of its Small Business Subcontracting Plan is in material breach of its contract with the County.

    (C) A prime contractor may only modify its Small Business Subcontracting Plan, including modifying its subcontractors, for cause stated in writing, with the approval of the Purchasing Agent, provided that the prime contractor continues to comply with the participation requirements of Sections 10A-161(a) or 10A-114(c). A County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business subcontractor can only be removed or have its participation (in contract value) reduced in the Small Business Subcontracting Plan due to incapability to adequately perform the work required under the procurement contract.

    (D) The Purchasing Agent shall reject any Small Business Subcontracting Plan that does not comply with this Subsection.

  (3) This Subsection shall become effective on October 1, 2017.

(g) The Office of Procurement shall maintain a copy (in electronic or hard copy form) of the final executed version of every procurement contract or agreement (including purchase orders) authorized by this Subtitle including any subsequent contract amendments or modifications.

(h) Certified business participation under this Subtitle, including for County-based minority business enterprises, County-based small businesses, County-based businesses, Locally-owned and Operated Businesses, minority business enterprises, and County-located businesses, shall not include business activity whereby the certified firm's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of certified business participation. The Purchasing Agent may also adopt regulations establishing standards to ensure that certified firms are performing "commercially useful functions" for the purposes of certified business participation determinations.

##### Sec. 10A-164.01. Mentor-Protégé Program authorized

Prince George's County, Md., Code § 10A-164.01 (2026)

(a) The Purchasing Agent is authorized to establish a program (in this Subtitle, "Mentor-Protégé Program") whereby a contractor (in this Section, "mentor contractor") may be required, as a condition of qualification of a bid or proposal for a procurement authorized under this Subtitle, to participate as a mentor in the Mentor-Protégé Program in accordance with this Section ("Mentor-Protégé Program Requirement"). The Purchasing Agent, may impose a Mentor-Protégé Program Requirement on a procurement by procurement basis, a broader requirement on multiple procurements, or on procurements by industry area.

  (1) Mentor Protégé Program Requirement. A mentor contractor shall comply with all of the following to participate as a mentor in the Mentor-Protégé Program:

    (A) The mentor contractor shall enter into a written mentor-protégé agreement approved by the Purchasing Agent (in this Section, "mentor agreement") with specific County-based small businesses or County-based minority business enterprises to develop their capacity in becoming self-sufficient, competitive, and profitable business enterprises through joint venture entities, prime and subcontractor relationships, bonding and financial support, or other partnerships approved by the Purchasing Agent;

    (B) The County-based small businesses or County-based minority business enterprises, or combination thereof, that have entered into the mentor agreement as protégés, for a procurement with a Mentor-Protégé Program Requirement, shall self-perform at least twenty (20) percent of the value of the procurement; and

    (C) The mentor contractor and the protégé shall comply with the terms of the mentor agreement.

  (2) The Purchasing Agent shall have power to enter into service and reimbursement agreements with associations of local businesses, local, state and federal small and minority business assistance offices, and other organizations that provide assistance in the recruitment and placement of County-based small businesses or County-based minority business enterprises, pertaining to the provision of training and related assistance to current or prospective County-based small businesses and County-based minority business enterprises. The Purchasing Agent shall also have power to enter into cooperative agreements with non-county agencies and entities for the inclusion of additional procurement activities in the Mentor-Protégé Program.

  (3) The Purchasing Agent may rescind any procurement award authorized under this Subtitle with a Mentor-Protégé Program Requirement where the Director of Central Services determines that the participating mentor contractor has failed to comply with the terms of the mentor agreement.

(b) The Purchasing Agent is authorized to adopt rules and regulations for the proper administration and enforcement of this Section, including regulations governing mentor agreements, participating contractors, and the related procurements.

(c) The Purchasing Agent or the Purchasing Agent's Designee may require any procurement or contract authorized under this Subtitle to include a Mentor-Protégé Program Requirement.

##### Sec. 10A-165. Unbundling required

Prince George's County, Md., Code § 10A-165 (2026)

The County Executive or the County Executive's designee shall establish procedures to ensure that solicitations are subdivided and unbundled and that smaller procurements are created to the extent feasible and fiscally prudent. Where the award or bidding of project design work (also including architecture and engineering work) (the "design phase") and project construction work (the "build phase") for a public works project is bundled as one solicitation or award, the procurement shall be subject to the participation requirements of Section 10A-161(a) or 10A-114(b) of this Subtitle separately for (i) the project design work and (ii) the project construction work.

##### Sec. 10A-166. Compliance of Existing Contracts at Renewal or Extension

Prince George's County, Md., Code § 10A-166 (2026)

At the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), the Purchasing Agent shall require that any existing contract or agreement for a procurement funded by a County agency or the County government (including, but not limited to, any contract or procurement awarded pursuant to Section 10A-112, 10A-113, 10A-114, or 10A-115 of this Subtitle or any existing multiyear contract or extended contract) be amended to comply with the requirements of this Division or the contract or agreement shall not be renewed or extended by the County government or County agency.

##### Sec. 10A-167. Regulations authorized

Prince George's County, Md., Code § 10A-167 (2026)

The County Executive may promulgate regulations to govern the implementation of this Subdivision, provided that such regulations are consistent with the provisions of this Subdivision. Any such regulations must be approved by the County Council.

#### Subdivision 2. First Source Hiring Program and Local Hiring Requirements

##### Sec. 10A-168. First Source Registry created

Prince George's County, Md., Code § 10A-168 (2026)

(a) Employ Prince George's shall maintain a First Source Registry. The First Source Registry shall consist of the names of veterans, unemployed, low-to-moderate income (defined as being within three hundred percent (300%) of federal poverty guidelines), and general job-seeking individuals who are County residents. The Registry shall be the first source for hiring all new hire positions on procurement projects funded by a County agency or the County government $5 million or greater in value. Employ Prince George's may require from residents seeking to be listed in the First Source Registry such documentation that it deems necessary to verify unemployment, income, veteran-status, and residency information (pursuant to the requirements set forth in Section 10A-101(14.1)) for the purposes of this Subdivision. Employ Prince George's shall give the Purchasing Agent constant access to the information in the First Source Registry and access upon request to any information provided by residents pursuant to this Subsection.

(b) In compiling and maintaining the First Source Registry, Employ Prince George's shall contact community organizations, organized labor locals, civic and citizens associations, and nonprofit institutions for names and other relevant contact information of unemployed, low-to-moderate income, and general job seeking County residents. Only County residents are eligible to be listed or included in the First Source Registry.

(c) In this Subdivision, County resident means a citizen or legal resident whose primary residence and domicile is within Prince George's County, MD.

##### Sec. 10A-169. First Source and Local Hiring Agreements required; local hiring requirement

Prince George's County, Md., Code § 10A-169 (2026)

(a) The Purchasing Agent shall require prior to the execution and as a condition of the performance of any contracts or agreements for procurements $5 million or greater in contract value, awarded pursuant to Section 10A-112, 10A-113, or 10A-114 of this Subtitle, at the time of initial contract execution or, effective as of January 1, 2014, at the time of any exercise of contract renewal, option, or extension (including automatic renewal or extension), a requirement that the business enter into a First Source and Local Hiring Agreement with the County which states that:

  (1) The first source for finding employees to fill all jobs created by the government-assisted project shall be the First Source Registry;

  (2) The first source for finding employees to fill any vacancy occurring in all jobs covered by a First Source and Local Hiring Agreement will be the First Source Registry; and

  (3) Compliance with this Section is a condition of the First Source and Local Hiring Agreement.

(b) In selecting qualified County residents from the First Source Registry for interviews or other consideration for employment for all jobs covered by each First Source and Local Hiring Agreement, Employ Prince George's shall give first priority to referring veterans who are County residents, second priority to referring unemployed County residents, third priority to referring County residents within three hundred percent (300%) of federal poverty guidelines, and then fourth priority to referring other job-seeking County residents.

(c) Each business that is a signatory to a First Source and Local Hiring Agreement under a procurement contract shall submit to Employ Prince George's and the Purchasing Agent, by the fifth business day of every month following the execution of the First Source and Local Hiring Agreement, an agreement compliance report for the project that includes the:

  (1) Number of employees needed;

  (2) Number of current employees transferred;

  (3) Number of new job openings created;

  (4) Number of jobs openings listed with Employ Prince George's;

  (5)

    (A) For the reporting period (during the previous calendar month), the total number of County residents employed, including new County resident hires, and total hours worked by County residents, and

    (B) For the calendar year, the cumulative total number of County residents employed, including cumulative new County resident hires, and cumulative work hours by County residents; and

  (6)

    (A) For the reporting period (during the previous calendar month), the total number of employees employed, including new hires, and total employee hours worked, and

    (B) For the calendar year, the cumulative total number of employees hired, including cumulative new hires, and cumulative employee hours worked, including, for each employee:

      (i) Name;

      (ii) Job title;

      (iii) Hire date;

      (iv) Residence; and

      (v) Referral source for all new hires.

(d) At least ten (10) calendar days prior to announcing an employment position, a business that is a signatory to a First Source and Local Hiring Agreement under a procurement contract shall notify Employ Prince George's of the available positions. If the County resident interviewed or otherwise considered for the position is not hired, the business shall provide reasons why the referred County resident was not hired. A good faith effort is required to hire the referred County resident, if sufficiently qualified for the available position.

(e) The requirements of Section 10A-168 and Subsections (a) through (d) of this Section, except for the reporting requirements of Paragraphs (5) and (6) of Subsection (c) of this Section on a form provided by the Purchasing Agent, shall not apply to procurement contracts in the construction industry, as defined by Sector 23 of the current edition of the North American Industry Classification System ("NAICS"), for procurements funded by a County agency or the County government if the procurement contract or agreement is governed by a project labor agreement. The remaining requirements of this Subdivision shall apply to such procurement contracts, agreements, or awards.

(f) For every procurement $5 million or greater in contract value and subject to Section 10A-112, 10A-113, or 10A-114 of this Subtitle, the Purchasing Agent shall require "best efforts" to reach a minimum goal that at least fifty-one percent (51%) of the annual man/woman hours (work hours), on both a total work hour and trade by trade basis, be worked by County residents as a condition of any contract or agreement for a procurement funded by a County agency, including requiring "best efforts" to reach a minimum goal that at least fifty-one percent (51%) of the annual apprenticeship work hours on such contracts or agreements be worked by apprentices who are County residents. The requirements of this Subsection extend to hiring by contractors and subcontractors on procurements funded by a County agency under the supervision or control of the contractors and subcontractors.

  (1) In procurements funded by a County agency or the County government, competitive bids or proposals responding to a bid or proposal solicitation, including, but not limited to, competitive bids pursuant to Section 10A-112 or competitive proposals pursuant to Section 10A-113, may be deemed nonresponsive and rejected by the Purchasing Agent if the bid or proposal fails to demonstrate adequate capacity to meet the annual County resident hiring goals of this Subsection in the judgment of the Purchasing Agent.

  (2) If a procurement subject to this Subsection fails to reach the minimum goal that at least fifty-one percent (51%) of the annual man/woman hours (work hours) or fifty-one percent (51%) of the annual apprenticeship work hours be worked by County residents, a waiver must be granted pursuant to Subsection (h) of this Section or the procurement is subject to the penalties of Subsection (i) of this Section.

  (3) In order to meet the "best efforts" requirements of this Subsection, an employer required to comply with the annual County resident hiring goals of this Subsection shall require any worker it employs that it deems to be a County resident for the purposes of meeting the annual County resident hiring goals to submit documentation by the end of the calendar year to the employer necessary to establish the worker's County residency pursuant to the requirements set forth in Section 10A-101(14.1), including a copy of a filed Maryland state income tax return as prescribed in Section 10A-101(14.1)(A)—(B) or an attestation as prescribed in Section 10A-101(14.1)(C) establishing a Prince George's County domicile for the worker for the most recent full calendar year, unless the worker has already submitted such documentation during the calendar year to Employ Prince George's pursuant to Section 10A-168(a). The employer shall transmit the documentation required by this Paragraph submitted by its workers during the calendar year to Employ Prince George's and the Purchasing Agent by the tenth (10th) business day of the subsequent calendar year or the employer shall be in noncompliance with the "best efforts" requirements of this Subsection and subject to the penalties of Subsection (i) of this Section.

(g) For procurements funded by a County agency or the County government $5 million or greater in contract value and awarded pursuant to Section 10A-112, 10A-113, or 10A-114 of this Subtitle, the Purchasing Agent shall require compliance with this Subdivision as a written condition of the procurement contract or agreement or any such contract or agreement shall be rendered void and illegal.

(h) On a case by case basis, at the request of an employer required to comply with Subsection (f) of this Section, the Purchasing Agent may waive the annual County resident hiring goals of Subsection (f) of this Section, upon consultation with Employ Prince George's, if the Purchasing Agent finds that "best efforts" to comply with the annual County resident hiring goals by the employer requesting the waiver have been demonstrated as prescribed in Paragraph (2) of this Subsection. An employer is only allowed to request and the Purchasing Agent is only allowed to grant a waiver authorized by this Subsection after the end of the calendar year for which the employer seeks the waiver and the waiver, if granted, shall only apply for that calendar year.

  (1) Any waiver authorized by this Subsection shall comply with the approval requirements of Section 10A-159.01. {For procurement contracts or agreements subject to approval by legislative act under Section 819 of the Charter, a waiver authorized by this Subsection must be approved by the County Council. For procurement contracts or agreements not subject to approval by legislative act under Section 819 of the Charter, notice of such a waiver, including the information provided to the Purchasing Agent pursuant to Subparagraphs (A)—(D) of Paragraph (2) of this Subsection, shall be sent to the County Council by the Purchasing Agent by no less than fourteen (14) calendar days prior to the date of the County Executive's approval of the Purchasing Agent's decision to waive the provisions of Subsection (f) of this Section.}

  (2) The term "best efforts" in this Subdivision means efforts to the maximum extent practicable have been made to meet the requirement. "Best efforts" by an employer required to comply with Subsection (f) of this Section shall not be found and a waiver authorized by this Subsection shall not be granted unless the employer provides written documentation to the Purchasing Agent demonstrating that:

    (A) Whenever employment opportunities became available during the calendar year, the employer made good faith efforts to hire each County resident who applied or was referred for employment;

    (B) The employer sent written notifications during the calendar year to Employ Prince George's and community, labor, and workforce-related organizations and institutions identified by the County Executive or the County Executive's designee whenever employment opportunities became available;

    (C) For each County resident who applied or was referred for employment during the calendar year, but was not hired, the employer maintained written documentation that includes a sufficient explanation of the reason(s) the County resident was not hired; and

    (D) The employer met other requirements during the calendar year determined by the Purchasing Agent.

Based on an analysis of the information provided by the employer seeking a waiver authorized by this Subsection and an analysis by the Purchasing Agent of the sufficiency of the County's labor market, upon consultation with Employ Prince George's, the Purchasing Agent shall determine whether "best efforts" to comply have been demonstrated by the employer and whether to grant the employer's request for a waiver authorized by this Subsection, subject to the approvals and notice required by this Subsection. An employer must be in compliance with Paragraph (3) of Subsection (f) of this Section in order to receive a waiver authorized by this Subsection. A waiver decision by the Purchasing Agent authorized by this Subsection must be approved in accordance with Section 10A-159.01 or it shall be void.

(i) Failure to comply with this Section, for a procurement funded by a County agency or the County government, may subject a signatory to a First Source and Local Hiring Agreement or any other entity required to comply with this Subdivision to a penalty, to include monetary fines of up to twenty percent (20%) of the value of the direct and indirect labor costs of the contract, as determined by the Purchasing Agent. For repeated violations of this Section, a signatory to a First Source and Local Hiring Agreement or any other entity required to comply with this Subdivision may be subject to a cancellation of the procurement contract or agreement or suspension or debarment of the signatory under Section 10A-148 of this Subtitle.

(j) At the discretion of the Purchasing Agent or the County Auditor, any business that is a signatory to a First Source and Local Hiring Agreement or any other entity required to comply with this Subdivision shall be subject to an audit of documents or other information deemed necessary by the Purchasing Agent or the County Auditor to verify compliance with this Section upon thirty (30) calendar days written notice.

(k) Immediately upon execution, the Purchasing Agent shall expeditiously transmit a paper or electronic copy of any signed First Source and Local Hiring Agreement to Employ Prince George's.

(l) The Purchasing Agent may waive and adjust or modify the requirements of this Subdivision, in accordance with Section 10A-159.01, on a case by case basis, if the Purchasing Agent determines in writing that

  (1) there is an insufficient number of available Prince George's County residents in the labor market who possess the skills required to do the work included in the contract or

  (2) "best efforts" were made in accordance with Subsection (h), above.

##### Sec. 10A-170. Compliance of existing contracts at renewal or extension

Prince George's County, Md., Code § 10A-170 (2026)

For any existing contract or agreement for a procurement funded by a County agency or the County government, including any existing multiyear contract or extended contract, the Purchasing Agent shall require the inclusion of a condition in the contract or agreement requiring best efforts to meet the annual County resident hiring goals of Subsection (f) of Section 10A-169 and requiring compliance with the other applicable provisions of this Subdivision, at the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), or the contract or agreement shall not be renewed or extended by the County government or County agency.

##### Sec. 10A-171. Reports

Prince George's County, Md., Code § 10A-171 (2026)

The Prince George's County Economic Development Corporation's Workforce Services Division shall submit reports pursuant to Section 10A-138, to the County Auditor, the Purchasing Agent, and a compliance manager designated by the County Council verifying the requirements in Section 10A-167. The reports shall also detail the number of government-assisted projects for which First Source and Local Hiring Agreements were executed, the number of jobs that result from the First Source and Local Hiring Agreements, the number of County residents actually employed in government-assisted projects, and the number of unemployed County residents on the First Source Registry. The format of the reporting under this Section shall be determined by the County Executive or the County Executive's designee.

##### Sec. 10A-172. Regulations authorized

Prince George's County, Md., Code § 10A-172 (2026)

The County Executive may promulgate regulations to govern the implementation of this Subdivision, provided that such regulations are consistent with the provisions of this Subdivision. Any such regulations must be approved by the County Council.

#### Subdivision 3. Business Preferences; County-Located Business Assistance

##### Sec. 10A-173. Business preferences

Prince George's County, Md., Code § 10A-173 (2026)

(a) On any procurement for which a County agency or the County government secures competitive bids pursuant to Section 10A-112 or competitive proposals pursuant to Section 10A-113, the Purchasing Agent shall apply the following percentage bid discount to the bid price or add the following percentage points to the total evaluated score of the proposal:

  | Business Type | Where the prime bidder or prime proposer is a certified firm, add or discount the following, as applicable: |
  | --- | --- |
  | County-based minority business enterprise | 15% |
  | County-based small business | 12% |
  | County-based business | 10% |
  | Minority Business Enterprise or Disadvantaged Business Enterprise | 5% |
  | County-located business | 3% |

Cumulative preference points: The same firm that is a prime bidder or prime proposer of a bid or proposal shall not be counted for a preference for more than one of the certified business categories above and shall receive a preference for the highest scoring certified business category for which it qualifies. No single certified firm can receive more than 15% percentage points or discount, as applicable, in any one bid or proposal, with the exception of the application of the Locally-owned and Operated Business preference prescribed in Subsection (b), below.

(b) Locally-owned and Operated Business preference.

  (1) In addition to the preferences awarded in accordance with Subsection (a), above, the Purchasing Agent shall apply a five percentage (5%) bid discount to the bid price or add five percentage (5%) points to the total evaluated score of the bid or proposal of a prime bidder or prime proposer, respectively, (for joint venture entities, the majority firm of a joint venture entity) that is a Locally-owned and Operated Business as defined in this Subtitle.

  (2) At the time of bid or proposal, the owner(s) of a prime bidder or prime proposer that is a Locally-owned and Operated Business shall provide an affidavit affirming current domicile in the County for at least the twelve (12) months prior to the bid, income tax returns establishing residency in the County for the most recent full calendar year, and documentation establishing majority ownership of the prime bidder or prime proposer (for joint venture entities, the majority firm of the joint venture entity) to establish status as a Locally-owned and Operated Business and be awarded the 5% preference prescribed in this Subsection.

  (3) For each procurement, the Purchasing Agent shall provide direction to prospective bidders on how to qualify for the Locally-owned and Operated Business preference under this Subsection, and shall identify any additional information to clarify current residency or ownership in accordance with this Subsection.

(c) The Purchasing Agent may determine not to apply a bid or proposal preference under this Section if the Purchasing Agent certifies that such a preference would result in the loss of federal or state funds, subject to the approval of the County Executive.

(d) The requirements of this Section shall apply to the procurement of vendors retained by a County agency or the County government to assist in the financing and sale of County government debt. The requirements of this Section shall also apply to the procurement of brokerage firms, investment banking firms, investment management firms, consultants, and other vendors retained to manage or invest funds controlled or administered by a County agency or the County government. The application of this Subsection is subject to the requirements and restrictions of federal and state law.

(e) A business may opt to not receive a business preference under this Section.

(f) For the purposes of this Division, the term "competitive bids or proposals" means any bids or proposals for procurement funded or administered by a County agency or the County government except for procurement awards made pursuant to Section 10A-114.

(g) For the purposes of this Division, the following terms have the following meanings:

  (1) Prime bidder means the person, firm, entity or organization submitting a response to a solicitation for competitive bids and is responsible for executing the work as mentioned in the solicitation; and

  (2) Prime proposer means the person, firm, entity or organization submitting a response to a solicitation for competitive proposals and is responsible for executing the work as mentioned in the solicitation.

##### Sec. 10A-174. County-located business certification requirements

Prince George's County, Md., Code § 10A-174 (2026)

(a) A business that seeks to be certified as a County-located business shall make application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless the business

  (1) Submits documentation requested by the Purchasing Agent verifying that the business meets the definition of a County-located business as prescribed in Section 10A-101, including

    (A) Leasing or ownership documents,

    (B) Payroll information,

    (C) Property and income tax information, and

    (D) Any other documentation or information requested by the Purchasing Agent to verify compliance with the definition of County-located business set forth in Section 10A-101;

  (2) Files a written certificate that the business is not delinquent in the payment of any County taxes, charges, fees, rents or claims; and

  (3) Files documentation showing that during the preceding twelve (12) months the business has continuously maintained a valid business license or permit.

(b) Once an application for certification is approved under this Section by the Purchasing Agent, a copy of the approved application shall be expeditiously transmitted to the County Auditor.

(c) Nonprofit entities that satisfy the applicable requirements of this Section are eligible to be certified as County-located businesses.

(d) A business that is certified as a County-located business shall meet the requirements of certification under this Section continuously after the date the business's application for certification is approved by the Purchasing Agent or the business's certification shall be void. In such instances, the business must re-apply pursuant to the requirements of this Section to be certified as a County-located business.

##### Sec. 10A-175. Regulations authorized

Prince George's County, Md., Code § 10A-175 (2026)

The County Executive may promulgate regulations to govern the implementation of this Subdivision, provided that such regulations are consistent with the provisions of this Subdivision. Any such regulations must be approved by the County Council.

#### Subdivision 4. Local Business Participation Procurement Report

##### Sec. 10A-176. Annual Local Business Participation Procurement Report Required

Prince George's County, Md., Code § 10A-176 (2026)

The Purchasing Agent shall prepare and transmit a written report, subject to section 10A-138 section of this Subtitle that shall include information regarding the Local Business Participation Procurement Report, to the County Council and County Executive that includes the following information for that entire fiscal year:

(a) The percentages and total dollar value of certified county-based business participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(b) The percentages and total dollar value of certified county-based minority business enterprise participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(c) The percentages and total dollar value of certified county-located business participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(d) The percentages and total dollar value of certified county-based small business participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(e) The percentages and total dollar value of certified minority business enterprise participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(f) Total contract dollars paid for county government for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government.

(g) The name of the specific procurement award recipient ("procurement award recipient" includes the recipient of any procurement award, renewal or extension), procurement description, and procurement contract value for each procurement awarded, renewed or extended (including automatically renewed or extended) during the fiscal year, including:

  (1) The address of the procurement award recipient's principal place of operation and the date that the procurement was awarded, renewed or extended; and

  (2) Whether the procurement award recipient is a

    (A) county-based business;

    (B) county-based minority business enterprise;

    (C) county-based small business;

    (D) county-located business;

    (E) minority business enterprise; or

    (F) business not within the categories of subparagraphs (A)—(E), above;

  (3) Whether the procurement award during the fiscal year was

    (A) An initial or new award; or

    (B) A renewal or extension.

  (4) For initial or new awards, whether the procurement was awarded by

    (A) a competitive bid or proposal pursuant to Sections 10A-112 or 10A-113;

    (B) a contract negotiation or sole source contract pursuant to Section 10A-114, including the reason(s) for not competitively bidding the procurement; or

    (C) a small purchase pursuant to Section 10A-115.

  (5) For renewals or extensions, whether the procurement was initially awarded in a previous fiscal year by

    (A) a competitive bid or proposal pursuant to Sections 10A-112 or 10A-113;

    (B) a contract negotiation or sole source contract pursuant to Section 10A-114, including the reason(s) for not competitively bidding the procurement; or

    (C) a small purchase pursuant to Section 10A-115.

  (6) Whether a First Source and Local Hiring Agreement

    (A) was required by the provisions of this Division to be executed for the procurement; and

    (B) was executed for the procurement in accordance with this Division.

  (7) Whether the procurement award recipient complied (or is in compliance) with the reporting requirements of this Division, if applicable;

  (8) Whether any waiver(s) authorized by this Division were issued for the procurement, the date of issuance of such waiver(s), any alternative minimum percentages that were applied to the procurement due to any such waiver(s), and a description of the nature and justification for any such waiver(s);

  (9) Whether any penalties or other compliance actions were taken by the Purchasing Agent to enforce the requirements of this Division and, if so, a description of those actions; and

  (10) Whether the procurement was awarded, renewed, or extended in full compliance with this Division.

(h) The number of businesses, categorized by most current NAICS industry classification, with valid certifications on file with the Supplier Development and Diversity Division or the Office of Central Services as a

  (1) County-based business;

  (2) County-based minority business enterprise;

  (3) County-based small business;

  (4) County-located business; or

  (5) Minority business enterprise.

#### Subdivision 5. Certification by the Purchasing Agent

##### Sec. 10A-177. Certification by the Purchasing Agent

Prince George's County, Md., Code § 10A-177 (2026)

Prior to the execution of any procurement contract or agreement subject to Section 10A-112, 10A-113, 10A-114 or 10A-115 of this Subtitle, the Purchasing Agent or Purchasing Agent's designee shall certify in writing that such procurement is in full compliance with the applicable provisions of this Subtitle or the procurement shall be rendered void and illegal. Any procurement award, contract or agreement (including any procurement contract renewal or extension) under the authority of this Subtitle, including subject to Section 10A-112, 10A-113, 10A-114, or 10A-115, awarded or executed in violation of any provision of Division 6 or Division 7 of this Subtitle shall be rendered void and illegal. Where a procurement award, contract or agreement is rendered "void and illegal" by violating a provision of this Subtitle, "void and illegal" shall mean "terminated for convenience" and shall not create a right of legal action or damages against any party.

#### Subdivision 6. Annual County Contract Evaluations and Reports

##### Sec. 10A-178. Applicability

Prince George's County, Md., Code § 10A-178 (2026)

(a) The mandates contained in this subdivision shall apply to all County construction projects that exceed one million dollars ($1,000,000).

##### Sec. 10A-179. Definitions

Prince George's County, Md., Code § 10A-179 (2026)

(a) African American Business Enterprise as defined in Section 10A-101(A)(1) mean any business enterprise that is:

  (1) At least fifty-one percent (51%) owned by one or more African Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more African Americans;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more African Americans; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(b) Asian-Pacific American Enterprise as defined in Section 10A-101(A)(1.2) shall mean any business enterprise that is:

  (1) At least fifty-one percent (51%) owned by one or more Asian-Pacific Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Asian-Pacific Americans;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more Asian-Pacific Americans or Subcontinent Asian Americans; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(c) Code shall mean the Prince George's County Code.

(d) Contractor shall mean any person, firm, corporation, partnership, association, limited liability company, or any combination thereof, who enters into a contract with the County, and which contract is executed by an individual that is authorized to bind the County.

(e) County Based as defined in Section 10-308(3) means a business whose principal place of operation, as determined by the Office of Procurement, is in Prince George's County, Maryland.

(f) Latino Business Enterprise as defined in Section 10A-101(A)(23.2) shall mean any business enterprise that is:

  (1) At least fifty-one percent (51%) owned by one or more Hispanic Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Hispanic Americans;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more Hispanic Americans; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(g) Local Worker shall mean an employee of a Contractor or Subcontractor that resides within the County.

(h) Locally-owned and Operated Business as defined in Section 10A-101(A)(24.1) shall mean any County-based business:

  (1) Which is at least fifty-one percent (51%) owned by one or more County residents, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more County residents;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more County residents; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a County-based business, County-based small business, and/or County-based minority business enterprise pursuant to Division 7 of this Subtitle.

(i) Minority Business Enterprise as defined in Section 10A-101(A)(26) shall mean any business enterprise:

  (1) Which is at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more minority individuals; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(j) Minority Individuals as defined in Section 10A-101(A)(27) shall mean those who have been subjected to prejudice or cultural bias because of their identity as a member of a group in terms of race, color, ethnic origin, or gender, without regard to their individual capabilities. Minority individuals are limited to members of the following groups:

  (1) African Americans (Black Americans), which includes persons having origins in any of the Black racial groups of Africa;

  (2) Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;

  (3) Female, regardless of race, ethnicity or origin;

  (4) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

  (5) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;

  (6) Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; and

  (7) Veterans and Service-Disabled Veterans.

(k) Native American Business Enterprise as defined in Section 10A-101(A)(27.1) shall mean any business enterprise that is:

  (1) At least fifty-one percent (51%) owned by one or more Native Americans, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Native Americans;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more Native Americans; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(l) Subcontractor shall mean any person, firm, corporation, partnership, association, limited liability company, or any combination thereof who enters into a contract with a Contractor to assist the Contractor in the performance of a contract with the County. The term subcontractor does not include vendors or suppliers to the Contractor.

(m) Veteran Business Enterprise as defined in Section 10A-101(A)(45) shall mean any business enterprise that is:

  (1) Which is at least fifty-one percent (51%) owned by one or more Americans who are Veterans and/or service-disabled Veterans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Veterans and/or service-disabled Veterans;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more Veterans and/or service-disabled Veterans; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

(n) Women's Business Enterprise as defined in Section 10A-101(A)(46) shall mean any business enterprise that is:

  (1) Which is at least fifty-one percent (51%) owned by one or more Female Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Female Americans;

  (2) Whose general management and daily business affairs and essential productive operations are controlled by one or more Female Americans; and

  (3) Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

##### Sec. 10A-180. Evaluation of County Construction Contractors

Prince George's County, Md., Code § 10A-180 (2026)

(a) The Purchasing Agent shall prepare and transmit a written report that shall include the metrics required in this section to the County Council and the County Executive annually by July 1.

(b) The Purchasing Agent shall collect and maintain the metrics on Contractors and Subcontractors that are awarded construction contracts with the County.

(c) The metrics shall include:

  (1) The number of Local Workers employed on the project.

  (2) The amount of hours worked by the Local Workers on the project.

  (3) The percentage of the overall project work hours worked by Local Workers on the project.

  (4) The wages paid to the Contractor's employees, benefits provided to employees, and any other fringe benefits provided by the Contractor to its employees.

  (5) The wages paid to the subcontractor's employees, benefits provided to employees, and any other fringe benefits provided by the Contractor to its employees.

  (6) The total number of County-based Minority Business Enterprises utilized on the contract, the total amount paid to the County-based Minority Business Enterprise, the percentage of the overall contract value paid to the County-based Minority Business Enterprise that shall also be subcategorized by the number, the amount paid, and the percentage of the overall contract spent on (i) African American Business Enterprises, (ii) Asian-American and Pacific Islander Business Enterprises, (iii) Latino Business Enterprises, (iv) Native American Business Enterprises, (v) Veteran Business Enterprises, and (vi) Women's Business Enterprises.

  (7) The Agency contracting with the Contractor or Subcontractor.

  (8) The performance of the Contractor or Subcontractor to include:

    (A) The Quality of work,

    (B) The timeliness of completion of the project,

    (C) The compliance with the budget; and

    (D) The regulatory compliance.

  (9) Whether the contract is a new or initial award, existing, renewal, or an extension for that fiscal year.

  (10) Whether the contract was awarded by:

    (A) Competitive sealed bidding pursuant to Section 10A-112,

    (B) Competitive sealed proposal pursuant to Section 10A-113, or

    (C) Through contract negotiation or sole source contract pursuant to Section 10A-114 specifying the reasons for not competitively bidding the procurement.

  (11) Whether a First Source and Local Hiring Agreement was a condition to contracting with the County.

  (12) Whether the Contractor or Subcontractor has complied with or is in compliance with the reporting requirement(s) of any subtitle, division, or subdivision of the Code.

  (13) Whether any waiver(s) authorized by the Code were granted to the Contractor or Subcontractor, the date of issuance of such waiver(s), any alternative minimum percentages that were applied to the contract due to any such waiver(s), and a description of the nature and justification for any such waiver(s).

  (14) Whether any penalties or other compliance actions brought against the Contractor or Subcontractor to enforce the requirements of this Division and, if so, a description of those actions.

  (15) Whether the contract awarded, renewed, or extended is in full compliance with this Division.