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ROBERT L. EHRLICH, JR., Governor S.B. 234
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Senate Bill No. 234
AN ACT concerning
Procurement - Debarment-----Causes Causes for Debarment Expansion
Debarment - Causes
FOR the purpose of authorizing the debarment of certain persons that are debarred
under certain federal regulations; authorising the person debarred to petition
the Board of Public Works for the removal of the debarment providing for the
automatic termination of a certain debarment under certain circumstances; and
generally relating to debarment from State contracts.
BY repealing and reenacting, with amendments,
Article - State Finance and Procurement
Section 16-203 and 16-310(a) and (b)
Annotated Code of Maryland
(2001 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Finance and Procurement
16-203.
(a) A person may be debarred from entering into a contract with the State if
the person, an officer, partner, controlling stockholder or principal of that person, or
any other person substantially involved in that person's contracting activities has:
(1) been convicted under the laws of the State, another state or the
United States of:
(i) a criminal offense incident to obtaining, attempting to obtain, or
performing a public or private contract, except as provided in § 16-202; or
(ii) fraud, embezzlement, theft, forgery, falsification or destruction
of records, or receiving stolen property;
(2) been convicted of a criminal violation of an antitrust statute of the
State, another state, or the United States;
(3) been convicted of a violation of the Racketeer Influenced and Corrupt
Organization Act, or the Mail Fraud Act, for acts in connection with the submission of
bids or proposals for a public or private contract;
(4) been convicted of a violation of § 14-308 of this article;
(5) been convicted of conspiracy to commit any act or omission that
would constitute grounds for conviction under any of the laws or statutes described in
paragraphs (1), (2), (3), or (4) of this subsection; or
- 3533 -
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