Subdivision 1. County-Based Small Business Assistance
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.
Subdivision 1. County-Based Small Business Assistance
Prince George's County, Md., Code § 10A-160 (2026)
Sec. 10A-160. Fund; establishmentLinkCopy Citation
There is hereby established and created a special purpose non-lapsing fund to be known as the "Local Business Childcare Grant Fund."
Prince George's County, Md., Code § 10A-160.01 (2026)
Sec. 10A-160.01. DefinitionsLinkCopy Citation
In his Subdivision the following terms shall have the denoted meanings.
(a)
Childcare Contribution means an employer's contribution to an employee's dependent care flexible spending account under section 125 of the Internal Revenue Code.
(b)
Director means the Director of the Office of Finance or the Director's designee.
(c)
Eligible Employee means an employee of a Local Business who is Resides in the County.
(d)
Fund means the Local Business Childcare Grant Fund.
(e)
Household Incomes means the income of the employee and that person's spouse.
(f)
Local Business shall mean both non-profit and for-profit entities that:
(1)
has its Principal Place of Business in the Prince George's County; and
(2)
has fifty (50) employees or less full-time employees.
(g)
Principal Place of Business means the head office of the business within which the principal financial functions and operational control of the activities referred to in this subtitle are exercised that includes a physical structure, office, or suite, but does not include a post office box, a temporary job site, or project location.
(h)
Program means the Local Business Childcare Grant Program established in this subtitle.
(j)
Reside(s) means to be physically present and to maintain a permanent place of abode in the County for an average of no fewer than four (4) calendar days and nights per week.
Prince George's County, Md., Code § 10A-160.02 (2026)
Sec. 10A-160.02. Local Business Childcare Grant ProgramLinkCopy Citation
(a)
Establishment of Program. Subject to appropriation, the Director shall create and administer a Local Business Childcare Grant Program to assist Local Businesses that provide childcare contributions for the benefit of Eligible Employees. their employees.
(b)
Eligibility. The Director, based upon information submitted by the applicant for assistance, shall find that:
(1)
the applicant owns a Local Business; and
(2)
the Local Business provides childcare contributions to Eligible Employees. its employees.
(c)
Grant Agreement. In order to receive financial assistance from the Fund under the Program, a Local Business shall enter into a grant agreement with the County, which shall obligate and commit it to:
(1)
the County's right to audit financial records of the Local Business;
(2)
the Local Business' reporting obligations to the Director; and
(3)
the Local Business' obligation to remit to the County any unused or improperly used Funds.
(d)
Financial assistance. The Director may award a grant from the Fund to an eligible Local Business under paragraph (b) of this section to an Eligible Employee. The amount of the grant shall not exceed fifty percent (50%) of the annual amount(s) of childcare contributions paid by the Local Business and it shall be used solely for the purpose of providing childcare contributions to Eligible Employees employee who earn gross incomes of less than forty-two thousand dollars and zero cents ($42,000.00) annually or have combined Household Incomes of less than eighty-seven thousand dollars and zero cents ($87,000.00) annually, whichever is greater.
(e)
Regulations. The Director shall implement methods, procedures, and regulations to implement this Section. The regulations shall specify the application procedures and eligibility criteria for a grant to a Local Business under the Program.
(f)
Reports. On or before March 31 of each year, the Director shall report to the County Council on the activities of the Program. The report shall include:
(1)
the number of local businesses participating in the Program;
(2)
the number and dollar amount of grants made; and
(3)
an evaluation of the impact of the Program on economic development within the County.
Prince George's County, Md., Code § 10A-161 (2026)
Sec. 10A-161. County-based business participation requirementsLinkCopy Citation
(a)
For any procurement that is greater than One Million Dollars ($1,000,000) in total value for which a County agency or the County government secures competitive bids or proposals the Purchasing Agent shall require the following:
(1)
At least fifty percent (50%) certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation, with a floor of fifteen percent (15%) County-based minority business enterprise participation; provided, that the costs of materials, goods, and supplies shall not be counted towards the fifty percent (50%) participation requirement, unless such materials, goods, and supplies are purchased from County-based small businesses, County-based minority business enterprises, and/or Locally-owned and Operated Businesses; and
(2)
A bid or proposal responding to a solicitation shall be deemed nonresponsive and shall be rejected by the Purchasing Agent if it fails to meet the fifty percent (50%) minimum certified County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirement in Paragraph (1) of this Subsection, unless the participation requirement is waived pursuant to Section 10A-159.01.
(3)
Any existing procurement contract or agreement for which a County agency or the County government secured competitive bids or proposals, including any existing multiyear contract or extended contract that does not include at least fifty percent (50%) minimum certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation as prescribed in this Subsection at the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), shall not be renewed or extended unless the participation requirement is waived pursuant to Section 10A-159.01.
(b)
If the Purchasing Agent determines in writing that there are insufficient responsible County-based small businesses, County-Based Minority Business Enterprise, and/or locally-owned and operated businesses to completely fulfill the requirement of Paragraph (1) of Subsection (a) for a particular procurement or if the requirement would result in the loss of federal or state funds or grants, the Purchasing Agent may waive the participation requirements of Division 7 pursuant to and subject to Section 10A-159.01.
(c)
Disparity Study Implementation
(1)
On a procurement by procurement basis, the Purchasing Agent or the Purchasing Agent's designee shall establish an overall Minority Business Enterprise ("MBE") goal and MBE goals for the contract, consistent with the findings of availability and disparities in the most recent Prince George's County Utilization and Availability Study (hereinafter "County Disparity Study"), subject to paragraph (2), below.
(2)
For every procurement, the process for establishing an overall MBE goal and MBE subgoals shall be as follows:
(A)
The Purchasing Agent or the Purchasing Agent's designee shall determine whether the procurement exceeds $250,000 in value;
(B)
The Purchasing Agent or the Purchasing Agent's designee shall determine whether the procurement will include subcontracting;
(C)
If the procurement exceeds $250,000 in value and will include subcontracting, the Purchasing Agent or the Purchasing Agent's designee shall include an overall MBE goal and MBE subgoals in accordance with the "Disparity Study Recommended MBE Goals and MBE Subgoals" set forth in subparagraph (E), below, unless the number of certified firms that are MBE firms and/or firms within the recommended MBE subgroup that are available to perform the work on the contract is less than three (3). If the procurement exceeds $250,000 in value and will include subcontracting, the Purchasing Agent or the purchasing agent's designee shall include an overall MBE goal and MBE subgoals in accordance with the "Disparity Study recommended MBE goals and MBE subgoals" set forth in subparagraph (e), below, unless the number of certified firms that are MBE firms and/or firms within the recommended MBE subgroup that are available to perform the work on the contract is less than three (3). If the Purchasing Agent or Purchasing Agent's designee determines not to include an overall MBE goal and/or the recommended MBE subgoals in accordance with the "Disparity Study Recommended MBE goals and MBE subgoals" set forth in subparagraph (e), below, the determination shall be in writing and must be approved in advance by the director of central services.
(D)
MBE waiver. If a bidder or offeror is unable to meet the overall MBE goal and/or any MBE subgoals established for a contract, the bidder or offeror may request a waiver from the Purchasing Agent or the Purchasing Agent's designee and submit documentation demonstrating that it made best efforts to meet the overall MBE goal and MBE subgoals. "Best efforts" shall be defined in procurement regulations with the approval of the Purchasing Agent. Such a waiver determination must be in writing and may be granted only with the approval of the Purchasing Agent.
(E)
Disparity Study Recommended MBE goals and MBE subgoals. The "Disparity Study Recommended MBE goals and MBE subgoals" are as follows:
(i)
for any construction or public works contracts or procurements, the MBE goal is 43%, the AABE subgoal is 23%, and the AAPIBE subgoal is 7%.
(ii)
for any architectural and engineering contracts or procurements, the MBE goal is 33% and the AABE subgoal is 16%.
(iii)
for any professional services contracts or procurements, the MBE goal is 29%, the AABE goal is 15%, and LBE goal is 5%.
(iv)
for any other services contracts or procurements, the MBE goal is 34% and the LBE goal is 6%.
(v)
for any goods and supplies contracts or procurements, the MBE goal is 22% and the LBE goal is 4%.
(F)
An MBE goal and/or an MBE subgoal is calculated as a percentage of the county's expenditures on the overall contract or procurement. MBE subgoal expenditures are a subset of overall MBE goal expenditures for a contract or procurement and count towards achieving the overall MBE goal for that contract or procurement.
(d)
Failure to apply the applicable provisions of this subtitle to a procurement award shall render the procurement award and/or contract or agreement void.
(e)
On a case by case basis, for any procurement subject to the requirements of Subsection (a) of this Section, the Purchasing Agent may require more than fifty percent (50%) certified County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation if the Purchasing Agent determines that there is a sufficient number of County-based small businesses, County-based minority business enterprises, or Locally-owned and Operated Businesses to justify a higher than 50% certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation requirement.
(f)
The Prince George's County Supply Schedule Program. There is established a Prince George's County Supply Schedule (PGCSS) program, a sheltered-market procurement program shall be awarded only to County-based small businesses. The PGCSS program may consist of multiple award schedules or other procurement programs established by the Purchasing Agent.
(1)
Pursuant to Section 10A-138, the Purchasing Agent shall propose to the County Council the PGCSS a list of North American Industry Classification System (NAICS) industry classifications or comparable categories of goods or services that shall only be available for bid or award among County-based small businesses, County-based minority business enterprises and/or County-based businesses during the next fiscal year, based on the capacity and prevalence of County-based small businesses, County-based minority business enterprises and/or County-based businesses within those industry categories. The proposed PGCSS is subject to approval by resolution of the County Council or the PGCSS proposed by the Purchasing Agent shall go into effect for the next fiscal year.
(2)
A PGCSS contract may be awarded by:
(A)
Any source selection method authorized by this Subtitle;
(B)
A contract with a contractor who maintains a price agreement or schedule with any federal agency so long as the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor; or
(C)
A contract with a contractor who agrees to adopt the same pricing schedule for the same goods or services as that of a contractor who maintains a price agreement or schedule with any federal agency if the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor.
(3)
The Purchasing Agent or the Purchasing Agent's designee may issue a waiver subject to 10A-159.01.
(g)
If the Purchasing Agent determines there is a sufficient number of responsible firms in the respective procurement's industry area(s), the Purchasing Agent may restrict any competitive procurement subject to this Subtitle for solicitation and award to prime bidders or prime proposers that are County-based small businesses.
(h)
the acquisition of proprietary information technology goods and services shall not be subject to the requirements of Division 7 of this subtitle.
([(i)
Reserved.]
(j)
For any procurement subject to Section 10A-112, 10A-113 or 10A-114 of this Subtitle with a total value equal to or less than One Million Dollars ($1,000,000), each County agency or the Purchasing Agent shall set-aside the procurement only for award to County-based small businesses, subject to Paragraphs (1)-(3) of this Subsection.
(1)
A County agency shall not be required to set aside a procurement for County-based small businesses under this Subsection if there are not at least two (2) County-based small businesses that can sufficiently provide the services or goods which are the subject of the procurement. For procurements subject to 10A-112, a County agency may also refuse to set aside a procurement for County-based small businesses under this Subsection if the agency determines that the lowest County-based small business bid is for a price that is twelve percent (12%) or more above the likely price on the open market.
(2)
Only if a County agency satisfies the requirements of Paragraph (1) of this Subsection and receives written approval from the Purchasing Agent may the County agency thereafter award the procurement in the open market, subject to all of the other applicable preferences prescribed in this Subdivision.
(3)
Any existing contract or agreement, including any existing multiyear contract or extended contract, for a procurement funded by a County agency or the County government with a total value equal to or less than One Million Dollars ($1,000,000) that was not set-aside for County-based small businesses or County-based businesses pursuant to the requirements of this Section, at the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), shall not be renewed or extended. This Paragraph shall not apply to a contract or agreement for a procurement with greater than fifty (50%) certified County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation.
(k)
The Purchasing Agent may waive the requirements of Subsection (c) of this Section for a procurement if the Purchasing Agent certifies in writing that such a requirement would result in the loss of federal or state funds, subject to the requirements of Section 10A-159.01.
(l)
Local Diverse Supplier Prime Contractor Program.
(1)
The Purchasing Agent shall reserve at least 20% of all construction-related procurements awarded by all units of the County Government, other than procurements for roads and bridges, solely for bids, proposals, and awards for prime bidders, prime proposers, and prime contractors that are:
(A)
Locally Owned and Operated Businesses; or
(B)
County-Based Minority Business Enterprises.
(2)
Reporting, Exemptions, and Public Notice.
(A)
Reporting. As part of the annual report to the County Council and County Executive required under Section 10A-176, the Purchasing Agent shall provide:
(i)
a list of procurements selected to be subject to the requirements of this Subsection during the fiscal year; and
(ii)
a summary and analysis of the outcome of the awarded procurements reserved in accordance with this Subsection for the previous fiscal year.
(B)
Exemption. If the Purchasing Agent determines that a procurement listed in accordance with Subparagraph (A), above, is no longer suitable for reservation in the Local Diverse Supplier Prime Contractor Program accordance with this Subsection, the procurement can be removed from reservation, provided that the Purchasing Agent identifies one or more additional procurements that replace the procurement value of the exempted procurement, which shall be included in the reserved procurements for that fiscal year in accordance with this Subsection.
(C)
Public notice. Any solicitations for procurements reserved for the Local Diverse Supplier Prime Contractor Program in accordance with this Subsection shall be made publicly available without cost or subscription on a website maintained by the Office of Procurement at the time of solicitation of bids or proposals.
Prince George's County, Md., Code § 10A-162 (2026)
Sec. 10A-162. County agency local procurement goalsLinkCopy Citation
(a)
Each County agency, including, but not limited to, each County agency that procures in whole or in part through the Office of Procurement, shall use its "best efforts" to exercise its procurement authority so as to meet, on an annual basis, the goal of procuring at least fifty percent (50%) of the dollar volume of its goods and services, including, but not limited to, construction goods and services, to County-based businesses and at least thirty percent (30%) to County-based small businesses; and
(b)
The dollar volume referenced in Subsection (a) of this Section shall be based on the expendable budget of the County agency.
(c)
If a County agency fails to meet any of the goals set forth in Subsection (a) of this Section or otherwise fails to comply with this Division, the County Executive, or the County Council by resolution, may require that a portion of the agency's procurements be made part of a set-aside program for County-based businesses and/or County-based small businesses. A County agency in violation of this Division may also be subject to a temporary or permanent reduction in its proposed budget allocation in the annual County budget process.
(d)
As a condition of receiving funding from the County government, a non-County agency or entity that receives more than fifty percent (50%) of its annual budget in the most recent fiscal year from funds received from or administered by a County agency or the County government shall comply with the same goals and requirements as a County agency under Subsections (a), (b) and (c) of this Section, unless the non-County agency or entity certifies in writing to the County Council and the County Executive that such compliance would violate federal or state law.
(e)
Annual County Agency Procurement Forecast. By July 1 of each year, the Purchasing Agent shall publish on a central designated website a forecast of procurement opportunities for each County agency for the next fiscal year. Each County agency shall expeditiously comply with any information requests from the Office of Procurement in the collection of information to comply with this Subsection. The Purchasing Agent shall provide a courtesy electronic copy of the County Agency Procurement Forecast to a designated representative of the Prince George's Chamber of Commerce, Greater Prince George's Business Roundtable, and the Prince George's Community College.
Prince George's County, Md., Code § 10A-162.01 (2026)
Sec. 10A-162.01. Compliance with local preferencesLinkCopy Citation
(a)
All procurements under micro-purchase, small purchase, or simplified procurement procedures shall comply with County-based small business participation requirements, set-asides, certification requirements, and local business goal provisions as set out in Section 10A-161 and Section 10A-162, or other relevant sections.
Prince George's County, Md., Code § 10A-163 (2026)
Sec. 10A-163. County-based business certification requirementsLinkCopy Citation
(a)
Except as provided for in Subsection (h), below, a business that seeks to be certified as a County-based business shall make application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless the business:
(1)
Requires that its chief executive officer and the highest level managerial employees of the business maintain their offices and perform their managerial functions in the County;
(2)
Files a written certificate that the business is not delinquent in the payment of any County taxes, charges, fees, rents or claims;
(3)
Files a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within Prince George's County within the preceding twelve (12) months;
(4)
Files documentation showing that during the preceding twelve (12) months the business has continuously maintained a valid business license or permit;
(5)
Files documentation showing that during the preceding twelve (12) months the business has continuously occupied an office within the County, as its principal place of operation; and
(6)
Files documentation showing that:
(i)
More than fifty percent (50%) of the business' full-time employees are County residents; or
(ii)
The owners of more than fifty percent (50%) of the business are County residents; or
(iii)
More than (fifty percent) 50% of the assets of the business, excluding bank accounts, are located in the County; or
(iv)
More than (fifty percent) 50% of the total sales or other revenues of the business are derived from transactions of the business in the County.
(b)
Except as provided for in Subsection (h), below, a business that seeks to be certified as a County-based small business shall make an application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless:
(1)
The business meets the requirements of Section 10A-163(a); and
(2)
The business meets the definition of "small business" pursuant to the Code of Maryland Regulations ("COMAR") 21.01.02.01(80); or
(3)
The business meets the federal definition of "small business concern" in Part 121 of Title 13 of the Code of Federal Regulations.
(c)
Certification shall be valid for a three-year period.
(d)
Once an application for certification is approved under this Section by the Purchasing Agent, a copy of the approved application shall be expeditiously transmitted to the County Auditor.
(e)
A business whose application is approved for certification as a County-based small business is automatically certified as a County-based business.
(f)
Nonprofit entities that satisfy the applicable requirements of this Section are eligible to be certified as County-based businesses and County-based small businesses.
(g)
A business that is certified as a County-based business or County-based small business shall meet the requirements of certification under this Section continuously after the date the business's application for certification is approved by the Purchasing Agent or the business's certification shall be void. In such instances, the business must re-apply pursuant to the requirements of this Section to be certified as a County-based business or a County-based small business.
(h)
Reducing redundant certifications.
(1)
A business that is certified as a minority business enterprise (MBE) pursuant to Section 10A-101(a)(26), whose certification indicates that the business's principal address, principal place of operation, or domicile is within Prince George's County, Maryland, shall be automatically deemed by the Supplier Development and Diversity Division and the Purchasing Agent to be a certified County-based minority business enterprise and County-based business under this Subtitle without further application or certification.
(2)
Valid MBE or DBE certification status in accordance with this Subsection shall satisfy the documentation requirements for any County-based business or County-based small business certification renewal for County-based minority business enterprises.
(i)
Validity during renewal review. At the time of any certification renewal, an existing certification authorized by this Division shall continue to be valid during the pendency of review of the business entity's certification by the Supplier Development and Diversity Division or the Office of Procurement, provided that the business submitted the required renewal documents and other information, and such documents were received by the Supplier Development and Diversity Division or the Office of Procurement on or before the expiration date of the business's certification. The Supplier Development and Diversity Division or the Office of Procurement shall request in full all documents and information required for renewal in writing to the certified business entity at least ninety (90) days prior to the expiration date of the business entity's certification or the expiration date shall be extended until ninety (90) days after the complete written request is sent to the subject certified business entity.
(j)
In addition to the methods included in the provisions of Subsection (h), above, the Purchasing Agent may utilize an expedited process for any certification renewal under this Division, including the submission of a (i) a "no change" affidavit, (ii) a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has operated within the County within the preceding twelve (12) months, and (iii) a certificate of good standing with the Maryland State Department of Assessments and Taxation, to satisfy the documentation requirements for certification renewal.
(k)
On a case by case basis, the Purchasing Agent may require additional information for verification purposes at the Purchasing Agent's discretion.
(l)
A joint venture entity, where a County-based business, County-based minority business enterprise, or County-based small business owns, without condition, a majority (more than 50%) of the joint venture entity's assets and is entitled, without condition, to a majority (more than 50%) of the joint venture entity's revenues and profits, is eligible to be certified as a County-based business, County-based minority business enterprise, or County-based small business, respectively, provided that the majority ownership of the joint venture entity satisfies the respective requirements of this Section.
Prince George's County, Md., Code § 10A-163.01 (2026)
Sec. 10A-163.01. Validity of Diverse Supplier CertificationsLinkCopy Citation
(a)
All diverse supplier certifications shall be valid for a three-year period.
(b)
The Purchasing Agent may grant temporary certification to those who have submitted applications to become certified as a County-based business, County-based small business, County-located Business, County-based Minority Business Enterprise and Minority Business Enterprise for a period not to exceed ninety (90) days from the date the certification application is submitted to the County.
(c)
The Purchasing Agent may promulgate rules and regulations for the implementation and administration of temporary certification as a County-based business, County-based small business, County-located Business, and Minority Business Enterprise.
Prince George's County, Md., Code § 10A-164 (2026)
Sec. 10A-164. Enforcement of County-based business assistanceLinkCopy Citation
(a)
For the entire duration of the procurement contract or agreement, any vendor given a preference under this Division or subject to the business participation requirements under this Division shall maintain no less than the percentage of participation stated in the winning bid or proposal. Failure to comply with this Division may subject any vendor given a business preference under this Division, or that is subject to business participation requirements under this Division to a penalty, to include monetary fines of up to five percent (5%) of the value of the contract for each violation, a cancellation of the contract or agreement, or suspension or debarment of the vendor under Section 10A-148 of this Subtitle.
(1)
A vendor may request a waiver of the requirements of this Section by the Purchasing Agent. On a case by case basis, such a waiver request may be granted by the Purchasing Agent if "best efforts" by the vendor to comply have been demonstrated as prescribed in Subsection (e) of this Section, subject to Section 10A-159.01.
(b)
Any vendor given a County-based business preference under this Division, subject to the County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirements of Section 10A-161(a), or the Disparity Study Implementation Goals of Section 10A-161 shall submit a quarterly report within thirty (30) calendar days after the end of each quarter to the Purchasing Agent, the County Auditor, and a compliance manager designated by the County Council that provides:
(1)
The percentage and U.S. dollar value of certified County-based small business participation, County-based minority business enterprise participation, or Locally-owned and Operated Business participation, and certified participation of businesses within the disparity classifications of businesses specified in Section 10A-161(c) (only for the disparity classifications of businesses for which the procurement has participation goals, if any) in the most recent quarterly period, including reporting the percentage and U.S. dollar value of certified participation in the aforementioned categories for the period from the beginning of the calendar year to the reporting date;
(2)
The name and principal place of operation of each business receiving payment under the procurement in the most recent quarterly period, including the U.S. dollar value and percentage of the total contract dollars paid in the most recent 3 month period to each business; and
(3)
The expected percentage and U.S. dollar value of certified County-based small business participation, County-based minority business enterprise participation, and Locally-owned and Operated Business participation, and certified participation of businesses within the disparity classifications of businesses specified in Section 10A-161(c) (only for the disparity classifications of businesses for which the procurement has participation goals, if any) in the next 12 month period.
(c)
At the discretion of the Purchasing Agent or the County Auditor, any vendor given a business preference under this Division or subject to the business participation requirements of this Division shall be subject to an audit of documents or other information deemed necessary by the Purchasing Agent or the County Auditor to verify compliance with this Section upon thirty (30) calendar days written notice, including, but not limited to, copies of any contracts with subcontractors or other vendors.
(d)
The Purchasing Agent shall make compliance with this Subdivision a written condition of any contract or agreement for any procurement subject to Sections 10A-112, 10A-113, and 10A-114 of this Subtitle, by including a mandatory written compliance clause in every such contract or agreement.
(e)
In this Subdivision, the term "best efforts" means efforts to the maximum extent practicable have been made to meet the requirement. A vendor given a County-based business preference under this Division or subject to the County-based small business, County-based minority business enterprise, and/or Locally-owned and Operated Business participation requirements or Disparity Study Implementation Goals under this Division shall not be deemed to have demonstrated "best efforts" under Subsection (a) of this Section where there is a sufficient number of County-based small businesses, County-based minority business enterprises, Locally-owned and Operated Businesses, and, if applicable, diversity classifications of businesses to enable the vendor to meet the requirements of Subsection (a) of this Section. A waiver authorized by Paragraph (1) of Subsection (a) of this Section shall not be granted unless the vendor seeking the waiver:
(1)
Provides a detailed written statement of the reasons the vendor is unable to maintain its required percentages of participation of County-based businesses, County-based small businesses, County-based minority business enterprises, and/or, if applicable, disparity classifications of businesses (collectively meaning, in this Division, "Diverse Suppliers");
(2)
Provides a detailed written statement of its efforts to maintain its percentages of participation of Diverse Suppliers originally required in the procurement, including the precise reasons and justifications for the departure of County-based businesses and County-based small businesses from the procurement since the initial award of the procurement and the vendor's efforts to contact and negotiate with other Diverse Suppliers including:
(A)
The names, addresses, and telephone numbers of the Diverse Suppliers that were contacted and the dates such County-based businesses were contacted, and
(B)
A description of the information provided to Diverse Suppliers regarding the descriptions of services or goods sought for the procurement, including plans, specifications and anticipated time schedule for any portions of the work to be performed, where applicable;
(3)
As to each Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) that placed a subcontract or other quotation or offer which the vendor considered not to be acceptable, a detailed written statement that includes sufficient reasons for this conclusion;
(4)
A written list of Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) found to be unavailable to perform under the procurement; and
(5)
Provides a detailed description demonstrating that the vendor made sufficient efforts to assist interested Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) in obtaining bonding, lines of credit, or insurance required by the vendor.
Based on an analysis of the information provided by the vendor seeking a waiver authorized by Paragraph (1) of Subsection (a) of this Section and an analysis by the Purchasing Agent of the availability of Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) that provide services or goods that are the subject of the procurement, the Purchasing Agent shall determine whether "best efforts" to comply have been demonstrated by the vendor and whether to propose to grant the vendor's request for a waiver authorized by Paragraph (1) of Subsection (a) of this Section, subject to the approvals required by this Section. If the Purchasing Agent does propose to grant a waiver authorized by Paragraph (1) of Subsection (a) of this Section, the Purchasing Agent shall propose a new minimum percentage requirement for participation of the categories of Diverse Suppliers originally required in the procurement for the vendor's procurement based on the availability of Diverse Suppliers that provide services or goods that are the subject of the procurement, subject to the approvals required by this Section.
(f)
Small Business Subcontracting Plan required. Where the prime contractor is not a County-based small business, County-based minority business enterprise, or Locally-owned and Operated Business, the fifty percent (50%) County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirement of Sections 10A-161(a) and 10A-114(c) shall be governed by a Small Business Subcontracting Plan, submitted by the prime contractor.
(1)
Small Business Subcontracting Plan is a written plan listing all subcontracts, including individual contract values, between the prime contractor (contract award recipient) and Diverse Suppliers (within a category for which there is a participation requirement or goal on the procurement); and between Diverse Suppliers and Non-Diverse Suppliers and all lower tier Diverse Supplier (within a category for which there is a participation requirement or goal on the procurement) subcontractors for the procurement.
(2)
At the time of bid or proposal submission for procurements subject to Section 10A-161(a) or prior to the execution of a contract between the County and any vendor for a procurement subject to Section 10A-114(c), the prime contractor(s) shall submit a Small Business Subcontracting Plan executed by the prime contractor and all of the subcontractors being utilized to fulfill the fifty percent (50%) County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business participation requirement of Section 10A-161(a) or 10A-114(c).
(A)
For procurements subject to Section 10A-161(a), any bid or proposal that does not meet the requirements of this Subsection shall be deemed nonresponsive.
(B)
Any prime contractor failing to comply in good faith with the components of its Small Business Subcontracting Plan is in material breach of its contract with the County.
(C)
A prime contractor may only modify its Small Business Subcontracting Plan, including modifying its subcontractors, for cause stated in writing, with the approval of the Purchasing Agent, provided that the prime contractor continues to comply with the participation requirements of Sections 10A-161(a) or 10A-114(c). A County-based small business, County-based minority business enterprise, and Locally-owned and Operated Business subcontractor can only be removed or have its participation (in contract value) reduced in the Small Business Subcontracting Plan due to incapability to adequately perform the work required under the procurement contract.
(D)
The Purchasing Agent shall reject any Small Business Subcontracting Plan that does not comply with this Subsection.
(3)
This Subsection shall become effective on October 1, 2017.
(g)
The Office of Procurement shall maintain a copy (in electronic or hard copy form) of the final executed version of every procurement contract or agreement (including purchase orders) authorized by this Subtitle including any subsequent contract amendments or modifications.
(h)
Certified business participation under this Subtitle, including for County-based minority business enterprises, County-based small businesses, County-based businesses, Locally-owned and Operated Businesses, minority business enterprises, and County-located businesses, shall not include business activity whereby the certified firm's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of certified business participation. The Purchasing Agent may also adopt regulations establishing standards to ensure that certified firms are performing "commercially useful functions" for the purposes of certified business participation determinations.
Prince George's County, Md., Code § 10A-164.01 (2026)
Sec. 10A-164.01. Mentor-Protégé Program authorizedLinkCopy Citation
(a)
The Purchasing Agent is authorized to establish a program (in this Subtitle, "Mentor-Protégé Program") whereby a contractor (in this Section, "mentor contractor") may be required, as a condition of qualification of a bid or proposal for a procurement authorized under this Subtitle, to participate as a mentor in the Mentor-Protégé Program in accordance with this Section ("Mentor-Protégé Program Requirement"). The Purchasing Agent, may impose a Mentor-Protégé Program Requirement on a procurement by procurement basis, a broader requirement on multiple procurements, or on procurements by industry area.
(1)
Mentor Protégé Program Requirement. A mentor contractor shall comply with all of the following to participate as a mentor in the Mentor-Protégé Program:
(A)
The mentor contractor shall enter into a written mentor-protégé agreement approved by the Purchasing Agent (in this Section, "mentor agreement") with specific County-based small businesses or County-based minority business enterprises to develop their capacity in becoming self-sufficient, competitive, and profitable business enterprises through joint venture entities, prime and subcontractor relationships, bonding and financial support, or other partnerships approved by the Purchasing Agent;
(B)
The County-based small businesses or County-based minority business enterprises, or combination thereof, that have entered into the mentor agreement as protégés, for a procurement with a Mentor-Protégé Program Requirement, shall self-perform at least twenty (20) percent of the value of the procurement; and
(C)
The mentor contractor and the protégé shall comply with the terms of the mentor agreement.
(2)
The Purchasing Agent shall have power to enter into service and reimbursement agreements with associations of local businesses, local, state and federal small and minority business assistance offices, and other organizations that provide assistance in the recruitment and placement of County-based small businesses or County-based minority business enterprises, pertaining to the provision of training and related assistance to current or prospective County-based small businesses and County-based minority business enterprises. The Purchasing Agent shall also have power to enter into cooperative agreements with non-county agencies and entities for the inclusion of additional procurement activities in the Mentor-Protégé Program.
(3)
The Purchasing Agent may rescind any procurement award authorized under this Subtitle with a Mentor-Protégé Program Requirement where the Director of Central Services determines that the participating mentor contractor has failed to comply with the terms of the mentor agreement.
(b)
The Purchasing Agent is authorized to adopt rules and regulations for the proper administration and enforcement of this Section, including regulations governing mentor agreements, participating contractors, and the related procurements.
(c)
The Purchasing Agent or the Purchasing Agent's Designee may require any procurement or contract authorized under this Subtitle to include a Mentor-Protégé Program Requirement.
Prince George's County, Md., Code § 10A-165 (2026)
Sec. 10A-165. Unbundling requiredLinkCopy Citation
The County Executive or the County Executive's designee shall establish procedures to ensure that solicitations are subdivided and unbundled and that smaller procurements are created to the extent feasible and fiscally prudent. Where the award or bidding of project design work (also including architecture and engineering work) (the "design phase") and project construction work (the "build phase") for a public works project is bundled as one solicitation or award, the procurement shall be subject to the participation requirements of Section 10A-161(a) or 10A-114(b) of this Subtitle separately for (i) the project design work and (ii) the project construction work.
Prince George's County, Md., Code § 10A-166 (2026)
Sec. 10A-166. Compliance of Existing Contracts at Renewal or ExtensionLinkCopy Citation
At the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), the Purchasing Agent shall require that any existing contract or agreement for a procurement funded by a County agency or the County government (including, but not limited to, any contract or procurement awarded pursuant to Section 10A-112, 10A-113, 10A-114, or 10A-115 of this Subtitle or any existing multiyear contract or extended contract) be amended to comply with the requirements of this Division or the contract or agreement shall not be renewed or extended by the County government or County agency.
Prince George's County, Md., Code § 10A-167 (2026)
Sec. 10A-167. Regulations authorizedLinkCopy Citation
The County Executive may promulgate regulations to govern the implementation of this Subdivision, provided that such regulations are consistent with the provisions of this Subdivision. Any such regulations must be approved by the County Council.