§ 10A-163. County-based business certification requirements.

(a)

Except as provided for in Subsection (g), below, a business that seeks to be certified as a County-based business shall make application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless the business:

(1)

Requires that its chief executive officer and the highest level managerial employees of the business maintain their offices and perform their managerial functions in the County;

(2)

Files a written certificate that the business is not delinquent in the payment of any County taxes, charges, fees, rents or claims;

(3)

Files a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within Prince George's County within the preceding twelve (12) months;

(4)

Files documentation showing that during the preceding twelve (12) months the business has continuously maintained a valid business license or permit;

(5)

Files documentation showing that during the preceding twelve (12) months the business has continuously occupied an office within the County, as its principal place of operation; and

(6)

Files documentation showing that:

(i)

More than fifty percent (50%) of the business' full-time employees are County residents; or

(ii)

The owners of more than fifty percent (50%) of the business are County residents; or

(iii)

More than (fifty percent) 50% of the assets of the business, excluding bank accounts, are located in the County; or

(iv)

More than (fifty percent) 50% of the total sales or other revenues of the business are derived from transactions of the business in the County.

(b)

Except as provided for in Subsection (g), below, a business that seeks to be certified as a County-based small business shall make an application to the Purchasing Agent on a form provided by the Purchasing Agent. Such an application shall not be approved by the Purchasing Agent unless:

(1)

The business meets the requirements of Section 10A-163(a); and

(2)

The business meets the definition of "small business" pursuant to the Code of Maryland Regulations ("COMAR") 21.01.02.01(80); or

(3)

The business meets the federal definition of "small business concern" in Part 121 of Title 13 of the Code of Federal Regulations.

(c)

Once an application for certification is approved under this Section by the Purchasing Agent, a copy of the approved application shall be expeditiously transmitted to the County Auditor.

(d)

A business whose application is approved for certification as a County-based small business is automatically certified as a County-based business.

(e)

Nonprofit entities that satisfy the applicable requirements of this Section are eligible to be certified as County-based businesses and County-based small businesses.

(f)

A business that is certified as a County-based business or County-based small business shall meet the requirements of certification under this Section continuously after the date the business's application for certification is approved by the Purchasing Agent or the business's certification shall be void. In such instances, the business must re-apply pursuant to the requirements of this Section to be certified as a County-based business or a County-based small business.

(g)

Reducing redundant certifications.

(1)

A business that is certified as a minority business enterprise (MBE) pursuant to Section 10A-101(a)(26), whose certification indicates that the business's principal address, principal place of operation, or domicile is within Prince George's County, Maryland, shall be automatically deemed by the Supplier Development and Diversity Division and the Purchasing Agent to be a certified County-based minority business enterprise and County-based business under this Subtitle without further application or certification, provided that, the business provides the Supplier Development and Diversity Division a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within the County within the preceding twelve (12) months.

(2)

A County-based minority business enterprise whose approved MBE certification also meets the requirements of Section 10A-163(g) (1) shall be automatically deemed to be a certified County-based small business under this Subtitle by the Supplier Development and Diversity Division and the Purchasing Agent without further application or certification, provided that the business provides the Supplier Development and Diversity Division a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within the County within the preceding twelve (12) months. Approved MBE certifications that meet the requirements of this Paragraph shall include

(A)

MDOT certification in accordance with COMAR 21.11.03, provided such certified business conforms to the requirements of Section 10A-101(a)(26) of this Subtitle;

(B)

Disadvantaged Business Enterprise (DBE) certification in accordance with 49 CFR Part 26, provided such DBE certification is accepted by the Supplier Development and Diversity Division and such certified business conforms to the requirements of Section 10A-101(a)(26) of this Subtitle; and

(C)

Other MBE or DBE certifications accepted by the Supplier Development and Diversity Division and determined to include comparable size of business standards by the Supplier Development and Diversity Division, provided such certified businesses conform to the requirements of Section 10A-101(a)(26) of this Subtitle.

(3)

Valid MBE or DBE certification status in accordance with this Subsection and the submission to the Supplier Development and Diversity Division of a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within the County within the preceding twelve (12) months shall satisfy the documentation requirements for any County-based business or County-based small business certification renewal for County-based minority business enterprises.

(h)

Validity during renewal review. At the time of any certification renewal, an existing certification authorized by this Division shall continue to be valid during the pendency of review of the business entity's certification by the Supplier Development and Diversity Division or the Office of Central Services, provided that the business submitted the required renewal documents and other information, and such documents were received by the Supplier Development and Diversity Division or the Office of Central Services on or before the expiration date of the business's certification. The Supplier Development and Diversity Division or the Office of Central Services shall request in full all documents and information required for renewal in writing to the certified business entity at least ninety (90) days prior to the expiration date of the business entity's certification or the expiration date shall be extended until ninety (90) days after the complete written request is sent to the subject certified business entity.

(i)

In addition to the provisions of Subsection (g), above, the Purchasing Agent may utilize an expedited process for any certification renewal under this Division, including the submission of a (i) a "no change" affidavit, (ii) a copy of a federal tax return filed with the Internal Revenue Service establishing that the business has operated within the County within the preceding twelve (12) months, and (iii) a certificate of good standing with the Maryland State Department of Assessments and Taxation, to satisfy the documentation requirements for certification renewal.

(j)

On a case by case basis, the Purchasing Agent may require additional information for verification purposes at the Purchasing Agent's discretion.

(CB-17-2011; CB-19-2014; CB-74-2016; CB-115-2017)

Editor's note

CR-123-2013 allows businesses to register temporarily until July 1, 2015, to obtain certification as a County-based business if the business domicile and principal place of operation is located in Prince George's County, MD, as determined by the Director of Central Services, and is (a) certified as a minority business enterprise pursuant to Section 10A-101(a)(26); (b) certified as a socially or economically disadvantaged business pursuant to 13 CFR Part 124-8(a) by the Small Business Administration; or (c) certified as a HUBZone small business concern pursuant to 13 CFR 126 by the Small Business Administration.