Division 6. Special Provisions
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 6. Special Provisions
Subdivision 1. Supplier Development & Diversity Program
Prince George's County, Md., Code § 10A-136 (2026)
Sec. 10A-136. Supplier diversity; certification and decertificationLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-137 (2026)
Sec. 10A-137. Contract monitoringLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-138 (2026)
Sec. 10A-138. ReportsLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-139 (2026)
Sec. 10A-139. PenaltiesLinkCopy Citation
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
Prince George's County, Md., Code § 10A-140 (2026)
Sec. 10A-140. Applicability of SubdivisionLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-141 (2026)
Sec. 10A-141. Negotiated Participation AgreementsLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-142 (2026)
Sec. 10A-142. Duty to acquire low noise emission suppliesLinkCopy Citation
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
Prince George's County, Md., Code § 10A-143 (2026)
Sec. 10A-143. Recyclable MaterialsLinkCopy Citation
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
Prince George's County, Md., Code § 10A-144 (2026)
Sec. 10A-144. Wage requirements for County service contractsLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-145 (2026)
Sec. 10A-145. Tie bids and proposalsLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-146 (2026)
Sec. 10A-146. Cooperative purchasing with other jurisdictionsLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-147 (2026)
Sec. 10A-147. Purchasing services for other public activitiesLinkCopy Citation
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
Prince George's County, Md., Code § 10A-148 (2026)
Sec. 10A-148. Investigations, debarments, and suspension of bidders and offerorsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-149 (2026)
Sec. 10A-149. Conditional suspensionLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-150 (2026)
Sec. 10A-150. Award of contract prohibitedLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-151 (2026)
Sec. 10A-151. PenaltiesLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-152 (2026)
Sec. 10A-152. Small businessesLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-152.01 (2026)
Sec. 10A-152.01. County-based authorized resellers and distributorsLinkCopy Citation
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
Prince George's County, Md., Code § 10A-153 (2026)
Sec. 10A-153. Prompt paymentLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-154 (2026)
Sec. 10A-154. Responsibilities of agencies receiving County, federal or state fundingLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-155 (2026)
Sec. 10A-155. Utilization of certified sheltered workshopsLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-156 (2026)
Sec. 10A-156. Disadvantaged Business Enterprise ProgramLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-157 (2026)
Sec. 10A-157. Declaration of findings and policyLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-158 (2026)
Sec. 10A-158. Project Labor AgreementsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.00.01 (2026)
Sec. 10A-158.00.01. Project Labor Agreement Coordinating Committee; composition; dutiesLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.00.02 (2026)
Sec. 10A-158.00.02. Legislative findings and policyLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.00.03 (2026)
Sec. 10A-158.00.03. Pilot Project Labor Agreement on CIP 4.66.0002, Curb and Road Rehabilitation 2 ProjectsLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-158.01 (2026)
Sec. 10A-158.01. ReservedLinkCopy Citation
Subdivision 15. Contract Modifications
Prince George's County, Md., Code § 10A-158.02 (2026)
Sec. 10A-158.02. Contract ModificationsLinkCopy Citation
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
Prince George's County, Md., Code § 10A-158.03 (2026)
Sec. 10A-158.03. DefinitionsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.04 (2026)
Sec. 10A-158.04. Clean renewable energy technology; requirementLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.05 (2026)
Sec. 10A-158.05. Project feasibility assessmentLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.06 (2026)
Sec. 10A-158.06. Alternative financingLinkCopy Citation
(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
Prince George's County, Md., Code § 10A-158.07 (2026)
Sec. 10A-158.07. Legislative IntentLinkCopy Citation
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.
Prince George's County, Md., Code § 10A-158.08 (2026)
Sec. 10A-158.08. DefinitionsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.09 (2026)
Sec. 10A-158.09. Police Department Towing Contracts; requirementsLinkCopy Citation
(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.
Prince George's County, Md., Code § 10A-158.10 (2026)
Sec. 10A-158.10. Police Department Towing Contracts; bid, contract, and subcontract reportingLinkCopy Citation
(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.