§ 14-401.1
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§14–401.1.
(1)In this section the following words have the meanings indicated.
(2)“Nonresident firm” means a business entity that:
(i)has one office that:
1. is a principal office for the entity; and
2. is not located in the State; or
(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.
(3)“Preference” includes:
(i)a percentage preference;
(ii)an employee residency requirement; or
(iii)any other provision that favors an offeror from one state to the disadvantage of an offeror from another state.
(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.
(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.
(5)“Request for proposals” means a request for architectural services or engineering services that is issued in accordance with § 13–112 of this article.
(i)“Resident firm” means a business entity that:
1. is licensed or otherwise authorized to provide architectural or engineering services in the State; and
2. A. for an entity that has one office, the office is located in the State; or
B. 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.
(ii)“Resident firm” includes a joint venture that:
1. was entered into before the date of the request for proposals for which the joint venture submits a proposal; and
2. includes one party that:
A. holds at least a 51% interest in the joint venture; and
B. meets the requirements under subparagraph
(i)of this paragraph.
(b)Subject to subsection
(d)of this section, a unit shall apply a preference to a proposal from a resident firm if:
(i)a nonresident firm is:
1. a responsible offeror; and
2. determined to be the most qualified person to submit a proposal in accordance with § 13–112 of this article; and
(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;
(2)a resident firm:
(i)is a responsible offeror; and
(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
(3)the preference:
(i)is the same as the preference referenced in item (1)(ii) of this subsection; and
(ii)does not conflict with a federal law or grant affecting the procurement contract.
(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:
(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
(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.
(1)If a resident firm qualifies for a preference established under this section and for another preference established under this Division II, the unit:
(i)may not apply more than one preference to the proposal from the resident firm; and
(ii)shall apply the preference to the proposal from the resident firm that is most advantageous to the resident firm.
(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.
(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.
(f)The Board shall:
(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
(2)adopt regulations to implement this section.