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S.B. 234 VETOES
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(6) been found civilly liable under an antitrust statute of the State,
another state, or the United States for acts or omissions in connection with the
submission of bids or proposals for a public or private contract.
(b) A person may be debarred from entering into a contract with the State if,
during the course of an official investigation or other proceedings, 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 admitted, in
writing or under oath, an act or omission that constitutes grounds for conviction or
liability under any law or statute described in subsection (a) of this section.
(C) 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 BEEN DEBARRED FROM FEDERAL
CONTRACTS UNDER THE FEDERAL ACQUISITION REGULATIONS, AS PROVIDED IN 48
C.F.R. CHAPTER 1.
[(c)] (D) A person may be debarred from entering into a contract with the
State:
(1) if the Board finds that the person was established or operates in a
manner designed to evade the application of this title or to defeat the purpose of this
title;
(2) if the person is a successor, assignee, subsidiary, or affiliate of a
person who is debarred or suspended;
(3) for one of the following violations of a contract provision if the Board
believes it to be serious enough to justify debarment:
(i) the deliberate failure, without good cause, to perform in
accordance with the specifications, or within the time limit, provided in a contract; or
(ii) within the preceding 5 years, the failure to perform or of
unsatisfactory performance in accordance with the terms of one or more contracts,
unless the failure to perform or unsatisfactory performance was caused by acts
beyond the control of the person;
(4) if the person is a competing contractor, or any officer, employee,
representative, agent, or consultant of any competing contractor who violates §
13-211 of this article; or
(5) for any other cause that the Board determines to be so serious as to
affect the integrity of the procurement process.
16-310.
(a) (1) If the conviction that is the basis for a debarment or suspension is
reversed or otherwise rendered void, the debarment or suspension terminates
automatically.
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