§ 10A-162. County agency local procurement goals.

(a)

Each County agency, including, but not limited to, each County agency that procures in whole or in part through the Office of Central Services, shall use its "best efforts" to exercise its procurement authority so as to meet, on an annual basis, the goal of procuring at least fifty percent (50%) of the dollar volume of its goods and services, including, but not limited to, construction goods and services, to County-based businesses and at least thirty percent (30%) to County-based small businesses; and

(b)

The dollar volume referenced in Subsection (a) of this Section shall be based on the expendable budget of the County agency.

(c)

For any procurement subject to Section 10A-112, 10A-113, or 10A-114 of this Subtitle with a total value equal to or less than Five Hundred Thousand Dollars ($500,000), each County agency or the Purchasing Agent shall set-aside the procurement only for award to County-based small businesses, subject to Paragraphs (1)—(3) of this Subsection.

(1)

A County agency shall not be required to set aside a procurement for County-based small businesses under this Subsection if there are not at least two (2) County-based small businesses that can sufficiently provide the services or goods which are the subject of the procurement. For procurements subject to 10A-112, a County agency may also refuse to set aside a procurement for County-based small businesses under this Subsection if the agency determines that the lowest County-based small business bid is for a price that is twelve percent (12%) or more above the likely price on the open market.

(2)

Only if a County agency satisfies the requirements of Paragraph (1) of this Subsection and receives written approval from the Purchasing Agent may the County agency thereafter award the procurement in the open market, subject to all of the other applicable preferences prescribed in this Subdivision.

(3)

Any existing contract or agreement, including any existing multiyear contract or extended contract, for a procurement funded by a County agency or the County government with a total value equal to or less than Five Hundred Thousand Dollars ($500,000) that was not set-aside for County-based small businesses or County-based businesses pursuant to the requirements of this Section, at the time of any contemplated exercise of an option, extension, or renewal, including automatic extensions or renewals (e.g. "evergreen" contracts or agreements), shall not be renewed or extended. This Paragraph shall not apply to a contract or agreement for a procurement with greater than fifty percent (50%) certified County-based small business participation.

(d)

The Purchasing Agent may waive the requirements of Subsection (c) of this Section for a procurement if the Purchasing Agent certifies in writing that such a requirement would result in the loss of federal or state funds.

(e)

If a County agency fails to meet any of the goals set forth in Subsection (a) of this Section or otherwise fails to comply with this Division, the County Executive, or the County Council by resolution, may require that a portion of the agency's procurements be made part of a set-aside program for County-based businesses and/or County-based small businesses. A County agency in violation of this Division may also be subject to a temporary or permanent reduction in its proposed budget allocation in the annual County budget process.

(f)

As a condition of receiving funding from the County government, a non-County agency or entity that receives more than fifty percent (50%) of its annual budget in the most recent fiscal year from funds received from or administered by a County agency or the County government shall comply with the same goals and requirements as a County agency under Subsections (a), (b) and (e) of this Section, unless the non-County agency or entity certifies in writing to the County Council and the County Executive that such compliance would violate federal or state law.

(g)

Annual County Agency Procurement Forecast. By July 1 of each year, the Director of Central Services shall publish on a central designated website a forecast of procurement opportunities for each County agency for the next fiscal year. Each County agency shall expeditiously comply with any information requests from the Office of Central Services in the collection of information to comply with this Subsection. The Director of Central Services shall provide a courtesy electronic copy of the County Agency Procurement Forecast to a designated representative of the Prince George's Chamber of Commerce, Greater Prince George's Business Roundtable, and the Prince George's Community College.

(CB-17-2011; CB-74-2016; CB-115-2017)