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<section article="gsf" article_name="State Finance and Procurement" number="14-401" title_number="14" title_name="Preferences" subtitle_number="4" subtitle_name="Miscellaneous Purchasing Preferences">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Preference” includes:</text>
      <level label="i">
        <text>a percentage preference;</text>
      </level>
      <level label="ii">
        <text>an employee residency requirement; or</text>
      </level>
      <level label="iii">
        <text>any other provision that favors a resident over a nonresident.</text>
      </level>
    </level>
    <level label="3">
      <text>“Resident bidder” means a bidder whose principal office is located in the State.</text>
    </level>
    <level label="4">
      <text>“Resident offeror” means an offeror whose principal office is located in the State.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, “services” has the meaning stated in § 11–101 of this article.</text>
      </level>
      <level label="ii">
        <text>Notwithstanding § 11–101 of this article, “services” includes construction related services and energy performance contract services.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>When a unit uses competitive sealed bidding to award a procurement contract, the unit may give a preference to the resident bidder who submits the lowest responsive bid from a resident bidder if:</text>
    <level label="1">
      <text>the resident bidder is a responsible bidder;</text>
    </level>
    <level label="2">
      <text>a responsible bidder whose principal office or operation is in another state submits the lowest responsive bid;</text>
    </level>
    <level label="3">
      <text>the state in which the nonresident bidder’s principal office is located or the state in which the nonresident bidder has its principal operation through which it would provide supplies or services gives a preference to its residents; and</text>
    </level>
    <level label="4">
      <text>a preference does not conflict with a federal law or grant affecting the procurement contract.</text>
    </level>
  </level>
  <level label="c">
    <text>When a unit uses competitive sealed proposals to award a procurement contract, the unit may give a preference to resident offerors if:</text>
    <level label="1">
      <text>a responsible offeror whose principal office or operation is in another state submits a proposal;</text>
    </level>
    <level label="2">
      <text>the state in which the nonresident offeror’s principal office is located or the state in which the nonresident offeror has its principal operation through which it would provide the subject of the contract gives a preference to its residents; and</text>
    </level>
    <level label="3">
      <text>the preference does not conflict with a federal law or grant affecting the procurement contract.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>At the request of the unit, a nonresident bidder or nonresident offeror submitting a proposal for a State project shall provide a copy of the current statute, resolution, policy, procedure, or executive order that pertains to the treatment of nonresident bidders or nonresident offerors by:</text>
      <level label="i">
        <text>the state in which the nonresident bidder’s or nonresident offeror’s principal office is located; and</text>
      </level>
      <level label="ii">
        <text>the state in which the nonresident bidder or nonresident offeror has its principal operation through which it would provide supplies or services.</text>
      </level>
    </level>
    <level label="2">
      <text>A unit may give a preference under this section that is identical to any of the following preferences, or any combination of them:</text>
      <level label="i">
        <text>the preference that the state in which the nonresident bidder’s or nonresident offeror’s principal office is located gives to its residents; or</text>
      </level>
      <level label="ii">
        <text>the preference that the state in which the nonresident bidder or nonresident offeror has its principal operation through which it would provide supplies or services gives to its residents.</text>
      </level>
    </level>
  </level>
</section>
