State Procurement - Competitive Sealed Bids and Proposals - In-State Evaluation Preference (Buy Maryland, Buy Local Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0943*

SENATE BILL 943
P2 6lr3434
CF 6lr3444
By: Senator Charles
Introduced and read first time: February 6, 2026
Assigned to: Budget and Taxation

A BILL ENTITLED

AN ACT concerning 1

State Procurement – Competitive Sealed Bids and Proposals – In–State 2
Evaluation Preference 3
(Buy Maryland, Buy Local Act) 4

FOR the purpose of requiring competitive sealed bids and proposals to be awarded based 5
on certain standardized evaluation criteria; requiring the criteria to be included in 6
an invitation for bids or a request for proposals; requiring a responsive bid or 7
proposal to include a certain State and local economic impact statement ; and 8
generally relating to State procurement. 9

BY repealing and reenacting, with amendments, 10
Article – State Finance and Procurement 11
Section 13–103 and 13–104 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – State Finance and Procurement 17

13–103. 18

(a) (1) Whenever procurement is based on competitive sealed bids, a 19
procurement officer shall seek bids by issuing an invitation for bids. 20

(2) Subject to subsection (b) of this section, an invitation for bids shall 21
include: 22

2 SENATE BILL 943

(i) the specifications of the procurement contract, including the 1
expected degree of minority business enterprise participation, as provided in § 14–303(b) of 2
this article; 3

(ii) a summary of the factors used to determine the expected degree 4
of minority business enterprise participation for the procurement contract, including 5
subcontracting opportunities identified for the project, any applicable North American 6
Industry Classification System codes linked to the subcontracting opportunities, and the 7
number of certified minority business enterprises in those industries; 8

(iii) [whether the procurement contract will be awarded based on the 9
lowest bid price, the lowest evaluated bid price or, if the procurement is subject to § 10
11–202(3) of this article, ] THE STANDARDIZED EVA LUATION CRITERIA UND ER 11
SUBSECTION (G) OF THIS SECTION FOR DETERMINING the bid most favorable to the 12
State; AND 13

(iv) [if the procurement contract will be based on evaluated bid price, 14
the objective measurable criteria by which the lowest evaluated bid price will be 15
determined; and 16

(v)] if the head of the unit or the head of the unit’s designee has so 17
designated, the small business preference. 18

(b) (1) Whenever a procurement officer determines that an initial preparation 19
of specifications for price bids is impracticable, the invitation for bids may: 20

(i) include a request for unpriced technical offers or samples; and 21

(ii) direct bidders to submit price bids: 22

1. with the unpriced technical offers or samples; or 23

2. after the unit evaluates the technical offers or samples and 24
finds that they are acceptable under the criteria set forth in the invitation for bids. 25

(2) A unit shall consider the prices submitted by bidders whose technical 26
offers or samples have been found acceptable. 27

(3) Price bids may not be opened until after the unit has completed 28
evaluation of the technical offers or samples. 29

(4) (i) A price bid may not be opened at any time if the bid is submitted 30
by a bidder whose technical offer or sample has been evaluated as unacceptable to the unit. 31

(ii) A procurement office r shall return an unopened price bid 32
submitted by a bidder whose technical offer or sample has been evaluated as unacceptable. 33
SENATE BILL 943 3

(c) (1) A unit shall give public notice of an invitation for bids before bid 1
opening in accordance with this subsection. 2

(2) A unit shall give reasonable notice that shall be at least 10 days before 3
bid opening. 4

(3) The unit shall publish notice in eMaryland Marketplace at least 20 days 5
before bid opening if: 6

(i) the procurement officer reasonably expects bid prices to e xceed 7
the small procurement amount specified in § 13–109 of this subtitle or a lower amount set 8
by the Board by regulation in accordance with Title 10, Subtitle 1 of the State Government 9
Article; and 10

(ii) at least part of the procurement contract is to be performed in 11
this State or the District of Columbia. 12

(4) In addition to any notice required under this subsection, a unit may 13
publish notice of an invitation for bids: 14

(i) on a bid board or eMaryland Marketplace; or 15

(ii) in a newspaper, periodical, or trade journal. 16

(d) (1) A procurement officer shall: 17

(i) open bids in public at the time and place designated in the 18
invitation for bids; and 19

(ii) announce, record, and post: 20

1. the name of each bidder; and 21

2. the amount of each bid. 22

(2) Except as provided in paragraph (3) of this subsection, a bid is 23
irrevocable, after bid opening, for the period specified in the invitation for bids. 24

(3) A procurement officer may allow a bidder to correct or withdraw a bid 25
if correction or withdrawal is: 26

(i) allowed under regulations adopted under this Division II; and 27

(ii) approved in writing by the Office of the Attorney General. 28

4 SENATE BILL 943

(e) (1) After obtaining any approval required by law, the procurement officer 1
shall award the procurement contract to the responsible bidder who submits the responsive 2
bid that[: 3

(i) is the lowest bid price; 4

(ii) if the invitation for bids so provides, is the lowest evaluated bid 5
price; or 6

(iii) for procurement subject to § 11–202(3) of this article,] is the bid 7
most favorable to the State UNDER THE STANDARDIZ ED EVALUATION CRITER IA 8
UNDER SUBSECTION (G) OF THIS SECTION. 9

(2) If, after competitive sealed bids have been opened, a procurement 10
officer determines that only 1 responsible bidde r has submitted a responsive bid, the unit 11
may negotiate the procurement contract with that 1 bidder under the procedure for sole 12
source procurement. 13

(3) (i) After competitive sealed bids have been opened, a procurement 14
officer may award a procurement contract on the basis of revised bids if: 15

1. all bids are rejected under § 13–206(b) of this title; 16

2. all bid prices exceed the funds available for the 17
procurement; or 18

3. with the approval of the head of the unit or a designee, the 19
procurement officer determines that all bids are unreasonable as to at least 1 requirement 20
and the delay that would result from issuing a new invitation for bids with revised 21
specifications or quantities would be fiscally disadvantageous or otherwise not in the bes t 22
interests of the State. 23

(ii) If there is more than 1 bidder, discussions about revised 24
specifications or quantities shall be conducted with all responsible bidders who submitted 25
responsive bids. The bidders shall be treated fairly and equally with re spect to any 26
discussions. 27

(iii) As promptly as possible, the procurement officer shall: 28

1. issue an invitation for revised bids, which shall state 29
whether the award will be made without competitive negotiations; and 30

2. require a prompt response to that invitation. 31

(iv) An invitation for revised bids is not subject to the notice 32
requirements in subsection (c) of this section. 33

SENATE BILL 943 5

(v) After revised bids have been submitted, negotiations with 1
bidders may not be conducted unless the procurement officer determines that there is a 2
compelling reason to negotiate. 3

(vi) After revised bids have been opened and any approval required 4
by law has been obtained, the procurement officer shall award the procurement contract to 5
the responsible bidder who submits a responsive bid [that: 6

1. is the lowest bid price; 7

2. if the invitation for revised bids so provides, is the lowest 8
evaluated bid price; or 9

3. for procurement subject to § 11 –202(3) of this article, ] 10
THAT is the bid most favorable to the State UNDER THE STANDARDIZED EVALUATION 11
CRITERIA UNDER SUBSECTION (G) OF THIS SECTION. 12

(4) A responsive bid or proposal shall include: 13

(I) the criteria specified in subsection (a) of this section; AND 14

(II) A STATEMENT OF THE STATE AND LOCAL ECONO MIC 15
IMPACT OF THE BID, INCLUDING: 16

1. THE PERCENTAGE OF STATE–BASED EMPLOYEES 17
WHO WILL PERFORM THE CONTRACT; 18

2. THE ANTICIPATED STATE–BASED SUBCONTRACTORS 19
THAT WILL BE UTILIZED IN THE PERFORMANCE OF THE CONTRACT; 20

3. THE ESTIMATED STATE AND LOCAL TAXES THAT WILL 21
BE GENERATED FROM THE PERFORMANCE OF THE CONTRACT; 22

4. THE NUMBER OF JOBS T HAT WILL BE CREATED OR 23
RETAINED IN THE STATE FROM THE PERFORMANCE OF THE CONTRACT; AND 24

5. ANY LOCATION WHERE T HE CONTRACT WILL BE 25
PERFORMED. 26

(f) Not more than 30 days after the execution and approval of a procurement 27
contract in excess of the small procurement amount specified in § 13 –109 of this subtitle 28
awarded under this section, or a lower amount set by the Board by regulation in accordance 29
with Title 10, Subtitle 1 of the State Government Article, a unit shall publish notice of the 30
award in eMaryland Marketplace. 31

6 SENATE BILL 943

(G) (1) FOR ANY PROCUREMENT C ONTRACT AWARDED IN A CCORDANCE 1
WITH THIS SECTION , A UNIT SHALL EVALUAT E PROPOSALS USING THE 2
STANDARDIZED CRITERIA UNDER PARAGRAPH (2) OF THIS SUBSECTION. 3

(2) (I) UNLESS OTHERWISE REQU IRED BY FEDERAL LAW , A BID 4
SHALL BE EVALUATED ON A SCALE OF 100 POINTS. 5

(II) A MAXIMUM OF 40 POINTS MAY BE AWARDE D FOR THE 6
TECHNICAL MERIT OF THE BID, INCLUDING: 7

1. THE QUALITY OF THE P ROPOSED METHODS OF 8
PERFORMING THE CONTRACT; 9

2. THE TECHNICAL CAPABILITY OF THE BIDDER; 10

3. THE STAFFING AND QUALIFICATIONS OF THE BIDDER; 11
AND 12

4. THE BIDDER’S COMPLIANCE WITH TH E SCOPE AND 13
SPECIFICATIONS INCLUDED IN THE INVITATION FOR BIDS. 14

(III) A MAXIMUM OF 30 POINTS MAY BE AWARDE D FOR THE 15
STATE AND LOCAL ECONOMIC IMPACT OF THE BID, INCLUDING: 16

1. THE BIDDER HAVING ITS PRINCIP AL PLACE OF 17
BUSINESS IN THE STATE; 18

2. THE PERCENTAGE OF TH E BIDDER’S WORKFORCE 19
EMPLOYED IN THE STATE; 20

3. THE USE OF STATE–BASED SUBCONTRACTORS; 21

4. THE EXPECTED STATE AND LOCAL TAXES THAT WILL 22
BE GENERATED FROM PERFORMANCE OF THE CONTRACT; AND 23

5. THE AMOUNT OF THE BIDDER’S CAPITAL INVESTMENT 24
AND REINVESTMENT IN THE STATE. 25

(IV) A MAXIMUM OF 20 POINTS MAY BE AWARDE D FOR THE 26
TOTAL COST TO THE UNIT UNDER THE BID. 27

(V) A MAXIMUM OF 10 POINTS MAY BE AWARDED FOR: 28

SENATE BILL 943 7

1. PRIOR PERFORMANCE OF CONTRACTS WITH THE 1
STATE OR LOCAL GOVERNMENTS BY THE BIDDER; AND 2

2. THE TIMELINESS , QUALITY OF WORK PERF ORMED, 3
AND COMPLIANCE HISTORY OF THE BIDDER ON ANY PRIOR CONTR ACTS WITH THE 4
STATE OR LOCAL GOVERNMENTS. 5

13–104. 6

(a) Competitive sealed proposals is the preferred method for: 7

(1) human, social, cultural, or educational services; and 8

(2) security services with an expected value that is greater than 9
$1,000,000. 10

(b) (1) Whenever procurement is based on competitive sealed proposals, a 11
procurement officer shall seek proposals by issuing a request for proposals. 12

(2) A request for proposals shall include a statement of: 13

(i) the scope of the procurement contract, including the expected 14
degree of minority business enterprise participation, as provided in § 14 –303(b) of this 15
article; 16

(ii) a summary of the factors used to determine the expected degree 17
of minority business enterprise participation for the procurement contract, including 18
subcontracting opportunities identified for the project, any applicable North American 19
Industry Classification System codes li nked to the subcontracting opportunities, and the 20
number of certified minority business enterprises in those industries; AND 21

(iii) the factors[, including price,] UNDER SUBSECTION (H) OF THIS 22
SECTION that will be used in evaluating proposals[; and 23

(iv) the relative importance of each factor]. 24

(c) A unit shall publish a request for proposals in the same manner as required 25
for an invitation for bids. 26

(d) (1) After receipt of proposals but before the procurement officer awards the 27
procurement contract, a unit may conduct discussions with an offeror to: 28

(i) obtain the best price for the State; and 29

(ii) ensure full understanding of: 30

8 SENATE BILL 943

1. the requirements of the State, as set forth in the request 1
for proposals; and 2

2. the proposal submitted by the offeror. 3

(2) If discussions are conducted, the unit: 4

(i) shall conduct the discussions in accordance with regulations 5
adopted under this Division II; 6

(ii) shall provide an opportunity to participate to each responsible 7
offeror w ho submits a proposal that, in the judgment of the procurement officer, is 8
reasonably susceptible of being selected for award; 9

(iii) shall treat all of those responsible offerors fairly and equally; 10

(iv) may allow all of those responsible offerors to revise their initial 11
proposals by submitting best and final offers, if discussions indicate that it would be in the 12
best interests of the State to do so; 13

(v) may conduct more than 1 series of discussions and requests for 14
best and final offers; and 15

(vi) may not disclose to an offeror any information derived from a 16
proposal of or discussions with a competing offeror. 17

(3) (i) Except as provided in subparagraph (ii) of this paragraph, an 18
oral presentation is required when: 19

1. the total value of the contract is expected to exceed 20
$2,000,000 for architectural and engineering services; 21

2. the total value of the contract is expected to exceed 22
$10,000,000 for construction and construction related services; or 23

3. for any other procurement, including information 24
technology and professional services, the total value of the contract is expected to exceed 25
$5,000,000. 26

(ii) If the procurement officer makes a written determination that 27
oral presentations are unlikely to aid in the evaluation p rocess, oral presentations are not 28
required. 29

(e) (1) Except as provided in paragraph (2) of this subsection: 30

(i) a proposal is irrevocable for the period specified in the request 31
for proposals; and 32
SENATE BILL 943 9

(ii) a best and final offer is irrevocable for the period specified in the 1
request for best and final offers. 2

(2) A procurement officer may allow an offeror to correct or withdraw a 3
proposal or best and final offer if correction or withdrawal is: 4

(i) allowed under regulations adopted under this Division II; and 5

(ii) approved in writing by the Office of the Attorney General. 6

(f) (1) After obtaining any approval required by law, the procurement officer 7
shall award the procurement contract to the responsible offeror who submits the proposal 8
or best and final offer determined to be the most advantageous to the State considering the 9
evaluation factors [set forth in the request for proposals ] UNDER SUBSECTION (H) OF 10
THIS SECTION. 11

(2) A PROPOSAL SHALL INCLU DE A STATEMENT OF THE STATE AND 12
LOCAL ECONOMIC IMPACT OF THE BID, INCLUDING: 13

(I) THE PERCENTAGE OF STATE–BASED EMPLOYEES WHO WILL 14
PERFORM THE CONTRACT; 15

(II) THE ANTICIPATED STATE–BASED SUBCONTRACTORS THAT 16
WILL BE UTILIZED IN THE PERFORMANCE OF THE CONTRACT; 17

(III) THE ESTIMATED STATE AND LOCAL TAXES THAT WILL BE 18
GENERATED FROM THE PERFORMANCE OF THE CONTRACT; 19

(IV) THE NUMBER OF JOBS T HAT WILL BE CREATED OR 20
RETAINED IN THE STATE FROM THE PERFORMANCE OF THE CONTRACT; AND 21

(V) ANY LOCATION WHERE T HE CONTRACT WILL BE 22
PERFORMED. 23

(g) A unit shall publish notice of a contract in excess of the small procurement 24
amount specified in § 13–109 of this subtitle awarded under this section, or a lower amount 25
set by the Board by regulation in accordance with Title 10, Subtitle 1 of the S tate 26
Government Article in eMaryland Marketplace. 27

(H) (1) FOR ANY PROCUREMENT C ONTRACT AWARDED IN A CCORDANCE 28
WITH THIS SECTION , A UNIT SHALL EVALUAT E PROPOSALS USING TH E 29
STANDARDIZED CRITERIA UNDER PARAGRAPH (2) OF THIS SUBSECTION. 30

10 SENATE BILL 943

(2) (I) UNLESS OTHERWISE REQUIRED B Y FEDERAL LAW , A 1
PROPOSAL SHALL BE EVALUATED ON A SCALE OF 100 POINTS. 2

(II) A MAXIMUM OF 40 POINTS MAY BE AWARDE D FOR THE 3
TECHNICAL MERIT OF THE PROPOSAL, INCLUDING: 4

1. THE QUALITY OF THE P ROPOSED METHODS OF 5
PERFORMING THE CONTRACT; 6

2. THE TECHNICAL CAPABILITY OF THE OFFEROR; 7

3. THE STAFFING AND QUA LIFICATIONS OF THE 8
OFFEROR; AND 9

4. THE PROPOSAL’S COMPLIANCE WITH THE SCOPE AND 10
SPECIFICATIONS INCLUDED IN THE REQUEST FOR PROPOSALS. 11

(III) A MAXIMUM OF 30 POINTS M AY BE AWARDED FOR TH E 12
STATE AND LOCAL ECONOMIC IMPACT OF THE PROPOSAL, INCLUDING: 13

1. THE OFFEROR HAVING ITS PRINCIPAL PLACE OF 14
BUSINESS IN THE STATE; 15

2. THE PERCENTAGE OF TH E OFFEROR ’S WORKFORCE 16
EMPLOYED IN THE STATE; 17

3. THE USE OF STATE–BASED SUBCONTRACTORS; 18

4. THE EXPECTED STATE AND LOCAL TAXES THAT WILL 19
BE GENERATED FROM PERFORMANCE OF THE CONTRACT; AND 20

5. THE AMOUNT OF THE OFFEROR ’S CAPITAL 21
INVESTMENT AND REINVESTMENT IN THE STATE. 22

(IV) A MAXIMUM OF 20 POINTS MAY BE AWARDED FOR THE 23
TOTAL COST TO THE UNIT UNDER THE PROPOSAL. 24

(V) A MAXIMUM OF 10 POINTS MAY BE AWARDED FOR: 25

1. PRIOR PERFORMANCE OF CONTRACTS WITH THE 26
STATE OR LOCAL GOVERNMENTS BY THE OFFEROR; AND 27

SENATE BILL 943 11

2. THE TIMELINESS , QUALITY OF WORK PERF ORMED, 1
AND COMPLIANCE HISTORY OF THE OFFEROR ON ANY PRIOR CONTRACTS WITH THE 2
STATE OR LOCAL GOVERNMENTS. 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5