Md. Code Regs. 21.11.01.04 - Small Business Eligibility/Certification
A. To be eligible to receive a small business
price preference under the small business preference program, or to be eligible
for award of a procurement under the small business reserve program, a business
must be certified by the Governor's Office of Small, Minority, and Women
Business Affairs as a small business in accordance with regulations adopted by
the Governor's Office of Small, Minority, and Women Business Affairs. A
business so certified shall be added to the certified small business list
maintained by the Governor's Office of Small, Minority, and Women Business
Affairs. To maintain its certification as a small business, a business shall
reapply for certification every year, not later than on the anniversary date of
the initial certification.
B. The
Governor's Office of Small, Minority, and Women Business Affairs shall certify
a business as a small business for the exclusive purpose of pursuing
out-of-State contracts if the business has:
(1) 250 or fewer employees; or
(2) Average annual gross receipts of
$10,000,000 or less averaged over its most recently completed 3 fiscal
years.
C. Affidavit.
Upon request of the Governor's Office of Small, Minority, and Women Business
Affairs, a business seeking certification or recertification as a small
business shall execute and submit a Small Business Affidavit in the form
prescribed under §E of this regulation.
D. Other Information. The Governor's Office
of Small, Minority, and Women Business Affairs may, in its sole discretion,
request any other information in support of the certification
request.
E. Affidavit Form. The
Small Business Affidavit shall be in the following form:
SMALL
I,_________________________(type or print your name legibly), affirm to the State of Maryland that:
1. I am the
_____________________________(type or print legibly your title, office, or
capacity) of ________________(type or print legibly the correct and complete
company name) hereinafter referred to as the "Business ."
2. The Business is:
(a) a for-profit enterprise;
(c) independently owned and
operated;
(d) not a subsidiary of
another business ;
(e) not dominant
in its field of operation;
(f) With
respect to employees, either:
(i) The
wholesale operations of the Business did not employ more than 50 persons in its
most recently completed 3 fiscal years;
(ii) The retail operations of the Business
did not employ more than 25 persons in its most recently completed 3 fiscal
years;
(iii) The manufacturing
operations of the Business did not employ more than 100 persons in its most
recently completed 3 fiscal years;
(iv) The service operations of the Business
did not employ more than 100 persons in its most recently completed 3 fiscal
years;
(v) The construction
operations of the Business did not employ more than 50 persons in its most
recently completed 3 fiscal years; or
(vi) The architect and engineering services
of the Business did not employ more than 100 persons in its most recently
completed 3 fiscal years; and
(g) With respect to gross sales:
(i) The gross sales of its wholesale
operations did not exceed an average of $4,000,000 in its most recently
completed 3 fiscal years;
(ii) The
gross sales of its retail operations did not exceed an average of $3,000,000 in
its most recently completed 3 fiscal years;
(iii) The gross sales of its manufacturing
operations did not exceed an average of $2,000,000 in its most recently
completed 3 fiscal years;
(iv) The
gross sales of its service operations did not exceed an average of $10,000,000
in its most recently completed 3 fiscal years;
(v) The gross sales of its construction
operations did not exceed an average of $7,000,000 in its most recently
completed 3 fiscal years; and
(vi)
The gross sales of its architectural and engineering operations did not exceed
an average of $4,500,000 in its most recently completed 3 fiscal years.
Note: If a
3. For the exclusive
purpose of pursuing out-of-State contracts, the business has:
(a) 250 or fewer employees; or
(b) Average annual gross receipts of
$10,000,000 or less averaged over its most recently completed three fiscal
years.
4. For small
businesses claiming an additional percentage preference for being veteran -owned
(2%) or disabled-veteran -owned (3%), initial next to the applicable statement:
The
Or
The
5. I am fully authorized by the
Business to provide this Affidavit.
6. Upon request of the State of Maryland, the
Business promises to provide the State promptly with copies of the complete
federal and state (all states in which the Business filed returns) income tax
returns for the most recently completed 3 fiscal years of the
Business .
7. I understand that the
State of Maryland may rely upon this affidavit and that if the information
provided by me in this certification is false I may be subject to criminal
prosecution for perjury, procurement fraud, and other crimes and any contract
awarded to the Business in reliance upon this Affidavit may be void or subject
to termination for default.
UNDER PENALTIES OF PERJURY, I hereby swear that the matters stated in this Affidavit are true.
_________________________(Date)
____________________________________________Signature
Type or print name legibly
F. Penalties for Submitting False
Information. If information provided by the business in the affidavit or by
other means is materially false, the bidder or offeror and the individual
providing the false information may be subject to criminal prosecution for
perjury, procurement fraud, and other crimes and may be subject to debarment,
and all contract awards to the business in reliance upon the inaccurate
affidavit or other information may be void or subject to termination for
default.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.