Sec. 10A-163. County-based business certification requirements
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.
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.