On any procurement for which a County agency or the County government secures competitive bids pursuant to Section 10A-112 or competitive proposals pursuant to Section 10A-113, the Purchasing Agent shall apply the following percentage bid discount to the bid price or add the following percentage points to the total evaluated score of the proposal: Business Type Where the prime bidder or prime proposer is a certified firm, add or discount the following, as applicable: County-based minority business enterprise 15% County-based small business 12% County-based business 10% Minority Business Enterprise or Disadvantaged Business Enterprise 5% County-located business 3%

Cumulative preference points: The same firm that is a prime bidder or prime proposer of a bid or proposal shall not be counted for a preference for more than one of the certified business categories above and shall receive a preference for the highest scoring certified business category for which it qualifies. No single certified firm can receive more than 15% percentage points or discount, as applicable, in any one bid or proposal, with the exception of the application of the Locally-owned and Operated Business preference prescribed in Subsection (b), below. Locally-owned and Operated Business preference. In addition to the preferences awarded in accordance with Subsection (a), above, the Purchasing Agent shall apply a five percentage (5%) bid discount to the bid price or add five percentage (5%) points to the total evaluated score of the bid or proposal of a prime bidder or prime proposer, respectively, (for joint venture entities, the majority firm of a joint venture entity) that is a Locally-owned and Operated Business as defined in this Subtitle. At the time of bid or proposal, the owner(s) of a prime bidder or prime proposer that is a Locally-owned and Operated Business shall provide an affidavit affirming current domicile in the County for at least the twelve (12) months prior to the bid, income tax returns establishing residency in the County for the most recent full calendar year, and documentation establishing majority ownership of the prime bidder or prime proposer (for joint venture entities, the majority firm of the joint venture entity) to establish status as a Locally-owned and Operated Business and be awarded the 5% preference prescribed in this Subsection. For each procurement, the Purchasing Agent shall provide direction to prospective bidders on how to qualify for the Locally-owned and Operated Business preference under this Subsection, and shall identify any additional information to clarify current residency or ownership in accordance with this Subsection. The Purchasing Agent may determine not to apply a bid or proposal preference under this Section if the Purchasing Agent certifies that such a preference would result in the loss of federal or state funds, subject to the approval of the County Executive. The requirements of this Section shall apply to the procurement of vendors retained by a County agency or the County government to assist in the financing and sale of County government debt. The requirements of this Section shall also apply to the procurement of brokerage firms, investment banking firms, investment management firms, consultants, and other vendors retained to manage or invest funds controlled or administered by a County agency or the County government. The application of this Subsection is subject to the requirements and restrictions of federal and state law. A business may opt to not receive a business preference under this Section. For the purposes of this Division, the term "competitive bids or proposals" means any bids or proposals for procurement funded or administered by a County agency or the County government except for procurement awards made pursuant to Section 10A-114. For the purposes of this Division, the following terms have the following meanings: Prime bidder means the person, firm, entity or organization submitting a response to a solicitation for competitive bids and is responsible for executing the work as mentioned in the solicitation; and Prime proposer means the person, firm, entity or organization submitting a response to a solicitation for competitive proposals and is responsible for executing the work as mentioned in the solicitation.

A business that seeks to be certified as a County-located business shall make application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless the business Submits documentation requested by the Purchasing Agent verifying that the business meets the definition of a County-located business as prescribed in Section 10A-101, including Leasing or ownership documents, Payroll information, Property and income tax information, and Any other documentation or information requested by the Purchasing Agent to verify compliance with the definition of County-located business set forth in Section 10A-101; Files a written certificate that the business is not delinquent in the payment of any County taxes, charges, fees, rents or claims; and Files documentation showing that during the preceding twelve (12) months the business has continuously maintained a valid business license or permit. 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. Nonprofit entities that satisfy the applicable requirements of this Section are eligible to be certified as County-located businesses. A business that is certified as a County-located business shall meet the requirements of certification under this Section continuously after the date the business's application for certification is approved by the Purchasing Agent or the business's certification shall be void. In such instances, the business must re-apply pursuant to the requirements of this Section to be certified as a County-located business.