S.B. 122

VETOES

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

(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:

(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

- 3196 -