WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

A PERSON IS SUBJECT TO DEBARMENT UNDER THIS SUBTITLE IF,
DURING THE COURSE OF AN OFFICIAL INVESTIGATION OR OTHER
PROCEEDING, 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 STATUTE
DESCRIBED IN SUBITEM (I), (II), (III),(IV), OR (V) OR THIS ITEM;

(2) SUBSECTION (B) OF THIS SECTION.

(D) SAME — OTHER EVENTS.

A PERSON IS SUBJECT TO DEBARMENT UNDER THIS SUBTITLE:

(1) IF THE BOARD FINDS THE PERSON WAS ESTABLISHED OR
OPERATES IN A MANNER DESIGNED TO EVADE THE APPLICATION OR DEFEAT
THE PURPOSE OF THIS TITLE;

(3) (2) IF THE PERSON IS A SUCCESSOR, ASSIGNEE,
SUBSIDIARY, OR AFFILIATE OF A PERSON WHO HAS BEEN IS SUSPENDED OR
DEBARRED;

(4) THE BOARD DETERMINES THAT ANY OTHER CAUSE IS
SERIOUS ENOUGH TO AFFECT THE INTEGRITY OF THE PROCUREMENT

PROCESS; OR

(5) THE BOARD FINDS THAT:

(I) A PERSON HAS VIOLATED A CONTRACT BY:

(3) FOR ONE OF THE FOLLOWING VIOLATIONS OF A CONTRACT
PROVISION THAT THE BOARD BELIEVES IS SERIOUS ENOUGH TO JUSTIFY
DEBARMENT;

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

2. (II) WITHIN THE PRECEDING 5 YEARS,
FAILURE TO PERFORM OR UNSATISFACTORY PERFORMANCE IN ACCORDANCE
WITH THE TERMS OF A CONTRACT, UNLESS THE FAILURE TO PERFORM OR
UNSATISFACTORY PERFORMANCE WAS CAUSED BY ACTS BEYOND THE CONTROL
OF THE CONTRACTOR; AND OR

(II) THE VIOLATION IS SERIOUS ENOUGH TO JUSTIFY
DEBARMENT.

(4) IF THE BOARD DETERMINES THAT ANY OTHER CAUSE IS
SERIOUS ENOUGH TO AFFECT THE INTEGRITY OF THE PROCUREMENT
PROCESS.

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