4.37 Small Business Reserve (SBR) Procurement
4.37.1 Agency may designate TORFPs as a Small Business Reserve TORFPs for which award will be limited to certified small business vendors. In instances where a TORP is designated as a Small Business Reserve TORFP, only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Minority Affairs Small Business Reserve Program are eligible for award of a TORFP.
4.37.2 For the purposes of a Small Business Reserve TORFP, a small business is a for-profit business, other than a broker, that meets the following criteria:
(1) It is independently owned and operated;
(2) It is not a subsidiary of another business;
(3) It is not dominant in its field of operation; and
(4) Either:
a. With respect to employees:
i. Its wholesale operations did not employ more than 50 persons in its most recently completed three (3) fiscal years;
ii. Its retail operations did not employ more than 25 persons in its most recently completed completed three (3) fiscal years;
iii. Its manufacturing operations did not employ more than 100 persons in its most recently completed completed three (3) fiscal years;
iv. Its service operations did not employ more than 100 persons in its most recently completed completed three (3) fiscal years;
v. Its construction operations did not employ more than 50 persons in its most recently completed completed three (3) fiscal years; and
vi. The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed completed three (3) fiscal years; or
b. 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 completed three (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 completed three (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 completed three (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 completed three (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 completed three (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 completed three (3) fiscal years.
Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.
Further information on the certification process is available at eMaryland Marketplace.
4.37.3 Ineligible Proposals. Under a small business reserve TORFP, a business that is not a certified small business is ineligible for award of an SBR TOA.
4.37.4 Before awarding a TOA under a TORFP designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Minority Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.
