§ 10A-176. Annual Local Business Participation Procurement Report Required.

The Director of Central Services shall prepare and transmit a written report, subject to section 10A-138 of this Subtitle that shall include information regarding the Local Business Participation Procurement Report, to the County Council and County Executive that includes the following information for that entire fiscal year:

(a)

The percentages and total dollar value of certified county-based business participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(b)

The percentages and total dollar value of certified county-based minority business enterprise participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(c)

The percentages and total dollar value of certified county-located business participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(d)

The percentages and total dollar value of certified county-based small business participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(e)

The percentages and total dollar value of certified minority business enterprise participation for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government;

(f)

Total contract dollars paid for county government for procurement within (i) each agency, (ii) each NAICS industry classification and (iii) the entire county government.

(g)

The name of the specific procurement award recipient ("procurement award recipient" includes the recipient of any procurement award, renewal or extension), procurement description, and procurement contract value for each procurement awarded, renewed or extended (including automatically renewed or extended) during the fiscal year, including:

(1)

The address of the procurement award recipient's principal place of operation and the date that the procurement was awarded, renewed or extended; and

(2)

Whether the procurement award recipient is a

(A)

county-based business;

(B)

county-based minority business enterprise;

(C)

county-based small business;

(D)

county-located business;

(E)

minority business enterprise; or

(F)

business not within the categories of subparagraphs (A)—(E), above;

(3)

Whether the procurement award during the fiscal year was

(A)

An initial or new award; or

(B)

A renewal or extension.

(4)

For initial or new awards, whether the procurement was awarded by

(A)

a competitive bid or proposal pursuant to Sections 10A-112 or 10A-113;

(B)

a contract negotiation or sole source contract pursuant to Section 10A-114, including the reason(s) for not competitively bidding the procurement; or

(C)

a small purchase pursuant to Section 10A-115.

(5)

For renewals or extensions, whether the procurement was initially awarded in a previous fiscal year by

(A)

a competitive bid or proposal pursuant to Sections 10A-112 or 10A-113;

(B)

a contract negotiation or sole source contract pursuant to Section 10A-114, including the reason(s) for not competitively bidding the procurement; or

(C)

a small purchase pursuant to Section 10A-115.

(6)

Whether a First Source and Local Hiring Agreement

(A)

was required by the provisions of this Division to be executed for the procurement; and

(B)

was executed for the procurement in accordance with this Division.

(7)

Whether the procurement award recipient complied (or is in compliance) with the reporting requirements of this Division, if applicable;

(8)

Whether any waiver(s) authorized by this Division were issued for the procurement, the date of issuance of such waiver(s), any alternative minimum percentages that were applied to the procurement due to any such waiver(s), and a description of the nature and justification for any such waiver(s);

(9)

Whether any penalties or other compliance actions were taken by the Purchasing Agent to enforce the requirements of this Division and, if so, a description of those actions; and

(10)

Whether the procurement was awarded, renewed, or extended in full compliance with this Division.

(h)

The number of businesses, categorized by most current NAICS industry classification, with valid certifications on file with the Supplier Development and Diversity Division or the Office of Central Services as a

(1)

County-based business;

(2)

County-based minority business enterprise;

(3)

County-based small business;

(4)

County-located business; or

(5)

Minority business enterprise.

(CB-30-2015; CB-115-2017)