In this section, “computer software program” means a software program used to: access data in a computer system; or implement a process using data in a computer system. This section does not apply to a computer software program subject to Title 10, Subtitle 9 of the State Government Article. A county or municipality may sell, lease, or license to the public, or enter into a contract concerning, a computer software program, including any associated patent, trademark, or copyright, that is produced by or for the county or municipality in the normal course of its operations. A county or municipality may adopt a price structure for a computer software program based on any factors that the county or municipality considers relevant, including: the cost of producing, reproducing, and delivering the computer software program; overhead and labor costs; and the fair market value of the computer software program.

In this section the following words have the meanings indicated. “Nonresident bidder” means a bidder whose principal office is outside the State. “Preference” includes: a percentage preference; an employee residency requirement; or any other provision that favors a resident over a nonresident. “Resident bidder” means a bidder whose principal office is in the State. When a political subdivision or an instrumentality of government in the State uses competitive bidding to award a procurement contract, the political subdivision or instrumentality may give a preference to the resident bidder who submits the lowest responsive bid of any resident bidder if: the resident bidder is a responsible bidder; a responsible nonresident bidder submits the lowest responsive bid of all bidders; and the state in which the nonresident bidder’s principal office is located gives a preference to its residents. A preference under this section shall be identical to the preference that the state in which the nonresident bidder’s principal office is located gives to its residents.

An officer or agent of a county or municipality who is charged with the construction, improvement, or maintenance of any building or work, or the management of a public institution, may not enter into any contract that binds or purports to bind the county or municipality to pay money not previously appropriated and remaining unexpended for the purpose of the contract. If an officer or agent of a county or municipality willfully or knowingly enters into or participates in entering into a contract prohibited under subsection (a) of this section: the officer or agent is personally liable for the contract; and the county or municipality is not liable for the contract.

This section applies to all counties and municipalities. A county or municipality that operates a minority business enterprise utilization program for county or municipal procurements and has a process for the certification of minority business enterprises for eligibility in that program shall accept as certified for the program any person that has been certified as a minority business enterprise by the State certification agency designated under § 14–303(b) of the State Finance and Procurement Article.