3406

LAWS OF MARYLAND

Ch. 840

(2)  BEEN CONVICTED UNDER A STATE OR FEDERAL STATUTE
OF FRAUD, EMBEZZLEMENT, THEFT, FORGERY, FALSIFICATION OR
DESTRUCTION OF RECORDS, OR RECEIVING STOLEN PROPERTY;

(3)  BEEN FOUND CIVILLY LIABLE UNDER A STATE OR
FEDERAL ANTITRUST STATUTE FOR ACTS OR OMISSIONS IN CONNECTION
WITH THE SUBMISSION OF BIDS OR PROPOSALS FOR A PUBLIC OR PRIVATE
CONTRACT;

(4)  BEEN CONVICTED OF A CRIMINAL VIOLATION OF A STATE
OR FEDERAL ANTITRUST STATUTE;

(5)  BEEN CONVICTED OF A VIOLATION OF THE RACKETEER
INFLUENCE 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;

(6)  BEEN CONVICTED OF CONSPIRACY TO COMMIT ANY ACT OR
OMISSION THAT WOULD CONSTITUTE GROUNDS FOR CONVICTION UNDER ANY
STATUTE DESCRIBED IN PARAGRAPHS (1), (2), (4), OR (5) OF THIS
SUBSECTION; OR

(7)  ADMITTED, IN WRITING OR UNDER OATH, DURING THE
COURSE OF AN OFFICIAL INVESTIGATION OR OTHER PROCEEDING, ACTS OR
OMISSIONS THAT WOULD CONSTITUTE GROUNDS FOR CONVICTION OR
LIABILITY UNDER ANY STATUTE DESCRIBED IN PARAGRAPHS (1) THROUGH
(6), INCLUSIVE, OF THIS SUBSECTION.

(E)  A PERSON MAY BE DEBARRED UNDER THIS SECTION FOR ONE OR
MORE VIOLATIONS OF CONTRACT PROVISIONS, AS SET FORTH BELOW, OF SO
SERIOUS A CHARACTER THAT THE BOARD OF PUBLIC WORKS BELIEVES
DEBARMENT ACTION IS JUSTIFIED:

(1)  DELIBERATE FAILURE WITHOUT GOOD CAUSE TO PERFORM
IN ACCORDANCE WITH THE SPECIFICATIONS OR WITHIN THE TIME LIMIT
PROVIDED IN A CONTRACT; OR

(2)  A RECENT RECORD, ESTABLISHED WITHIN THE PRECEDING
5 YEARS, OF 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 CONTRACTOR.

(F)  A PERSON MAY ALSO BE DEBARRED UNDER THIS SECTION IF:

(1) THE BOARD OF PUBLIC WORKS FINDS THAT THE PERSON
WAS FOUNDED OR ESTABLISHED, OR OPERATES IN A MANNER DESIGNED TO
EVADE THE APPLICATION OR DEFEAT THE PURPOSE OF THIS SECTION OR
TITLE 12, SUBTITLE 1 OF THIS ARTICLE; OR

(2) THE PERSON IS A SUCCESSOR, ASSIGNEE, SUBSIDIARY,
OR AFFILIATE OF A SUSPENDED OR DEBARRED PERSON.