{"data":{"id":"us-md/md.-code-state-finance-and-procurement-14-401.1","jurisdiction":"us-md","citation":"Md. Code, State Finance and Procurement § 14–401.1","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) “Nonresident firm” means a business entity that:\n(i) has one office that:\n1. is a principal office for the entity; and\n2. is not located in the State; or\n(ii) for an entity that has offices in multiple states, has not had a principal office located in the State for at least 6 months immediately before the date of a request for proposals.\n(3) “Preference” includes:\n(i) a percentage preference;\n(ii) an employee residency requirement; or\n(iii) any other provision that favors an offeror from one state to the disadvantage of an offeror from another state.\n(4) (i) “Principal office” means a primary place of business that is staffed on a regular basis to provide the services that are requested by a unit in a request for proposals.\n(ii) “Principal office” does not include a satellite office or an office that is minimally staffed and is not open on a regular basis to provide the services that are requested by a unit in a request for proposals.\n(5) “Request for proposals” means a request for architectural services or engineering services that is issued in accordance with § 13–112 of this article.\n(6) (i) “Resident firm” means a business entity that:\n1. is licensed or otherwise authorized to provide architectural or engineering services in the State; and\n2. A. for an entity that has one office, the office is located in the State; or\nB. for an entity that has offices in multiple states, has had a principal office located in the State for at least 6 months immediately before the date of a request for proposals.\n(ii) “Resident firm” includes a joint venture that:\n1. was entered into before the date of the request for proposals for which the joint venture submits a proposal; and\n2. includes one party that:\nA. holds at least a 51% interest in the joint venture; and\nB. meets the requirements under subparagraph (i) of this paragraph.\n(b) Subject to subsection (d) of this section, a unit shall apply a preference to a proposal from a resident firm if:\n(1) (i) a nonresident firm is:\n1. a responsible offeror; and\n2. determined to be the most qualified person to submit a proposal in accordance with § 13–112 of this article; and\n(ii) the state in which the principal office of the nonresident firm is located has a preference that favors an offeror from that state to the disadvantage of an offeror from this State;\n(2) a resident firm:\n(i) is a responsible offeror; and\n(ii) at the same time that it submits the proposal for which the preference would apply, certifies that it meets the requirements for a resident firm; and\n(3) the preference:\n(i) is the same as the preference referenced in item (1)(ii) of this subsection; and\n(ii) does not conflict with a federal law or grant affecting the procurement contract.\n(c) At the request of a unit, a nonresident firm shall provide the following documentation for the state in which the principal office of the nonresident firm is located:\n(1) a copy of the current statute, resolution, policy, procedure, or executive order that establishes a preference that favors an offeror from that state to the disadvantage of an offeror from this State; or\n(2) a certification that the other state does not have a preference that favors an offeror from that state to the disadvantage of an offeror from this State.\n(d) (1) If a resident firm qualifies for a preference established under this section and for another preference established under this Division II, the unit:\n(i) may not apply more than one preference to the proposal from the resident firm; and\n(ii) shall apply the preference to the proposal from the resident firm that is most advantageous to the resident firm.\n(2) If, when making a determination of qualification under § 13–112 of this article, a unit determines that a proposal from a resident firm and a proposal from a nonresident firm are equally qualified, the unit may apply a preference to the proposal from the resident firm.\n(e) A unit may not apply a preference to a proposal submitted by a resident firm if the resident firm does not submit the certification required under subsection (b)(2)(ii) of this section at the same time that it submits the proposal.\n(f) The Board shall:\n(1) post and maintain a list of all states with a preference that favors an offeror from that state to the disadvantage of an offeror from this State; and\n(2) adopt regulations to implement this section.","path":["Article - State Finance and Procurement"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf\u0026section=14-401.1","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:48Z","sha256":"bc32459905fb9e30f59d17f235d38922fb9b188cc8dbffbad2225b5c1502c08e","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-finance-and-procurement-14-401","next":"us-md/md.-code-state-finance-and-procurement-14-402"},"notice":"GroundRules: Original legal text. Not legal advice."}