ROBERT L. EHRLICH, JR., Governor                             Ch. 523

Article - State Finance and Procurement

13-211.

(a)     In this section, "procurement official" means a procurement officer or an
individual who participates in the drafting of specifications for procurement.

(b)     During the conduct of a procurement, a competing contractor, or any
officer, employee, representative, agent, or consultant of any competing contractor,
may not knowingly:

(1)     make any offer or promise of future employment or business
opportunity to, or engage in any discussion of future employment or business
opportunity with, any procurement official of the agency conducting the procurement;

(2)     offer, give, or promise to offer or give any money, gratuity, or other
thing of value to any procurement official of the agency conducting the procurement;
or

(3)     solicit or obtain from any officer or employee of an agency conducting
the procurement, before the award of a contract, any proprietary or source selection
information regarding the procurement.

16-203.

(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

(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; [or]

(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

[(4)] (5) for any other cause that the Board determines to be so serious
as to affect the integrity of the procurement process.

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