Division 2. Award of Contracts
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.
Division 2. Award of Contracts
Prince George's County, Md., Code § 10A-111 (2026)
Sec. 10A-111. Methods of awarding contractsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-112 (2026)
Sec. 10A-112. Competitive sealed biddingLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-113 (2026)
Sec. 10A-113. Competitive proposal processLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-114 (2026)
Sec. 10A-114. Contract negotiationLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-114.01 (2026)
Sec. 10A-114.01. Commercial Products and Services ClauseLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-115 (2026)
Sec. 10A-115. Small purchasesLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-116 (2026)
Sec. 10A-116. Cancellation of solicitations; rejection of bids and offersLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-117 (2026)
Sec. 10A-117. Responsibility of bidders and offerorsLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-118 (2026)
Sec. 10A-118. Responsibility prequalification of bidders or offerorsLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-119 (2026)
Sec. 10A-119. Cost or pricing dataLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-120 (2026)
Sec. 10A-120. Statement of ownershipLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-121 (2026)
Sec. 10A-121. Prevailing wage rateLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-122 (2026)
Sec. 10A-122. NondiscriminationLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-123 (2026)
Sec. 10A-123. Inspection of contractor's plant and recordsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-124 (2026)
Sec. 10A-124. Price fixing prohibitedLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-125 (2026)
Sec. 10A-125. Collusive bidding or negotiationsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-126 (2026)
Sec. 10A-126. Maximum practicable competitionLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-127 (2026)
Sec. 10A-127. Responsibility for selection of methods of construction contracting managementLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-128 (2026)
Sec. 10A-128. BrokeringLinkCopy Citation
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.