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Ch.5
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Martin O'Malley, Jr., Governor
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Occurred: As a result of Ch. 273, Acts of 2004. The obsolete provision is related
to the jurisdiction of Morgan State University over its procurement system. Ch. 273,
Acts of 2004 established that, with specific exceptions, Division II of the State Finance
and Procurement Article does not apply to Morgan State University. Thus, that Act
made § 12-107(b)(7) of the State Finance and Procurement Article obsolete.
15-221.2.
(b) The Appeals Board may award to a contractor the reasonable costs of
filing and pursuing a claim, including reasonable [attorney] ATTORNEY'S fees, if the
Appeals Board finds that the conduct of unit personnel in processing a contract claim
is in bad faith or without substantial justification.
DRAFTER'S NOTE:
Error: Incorrect word usage in § 15-221.2(b) of the State Finance and
Procurement Article. Correction is consistent with the use of the term "attorney's
fees" throughout the State Finance and Procurement Article.
Occurred: Ch. 682, Acts of 1996.
19-115.
All requests for bids or proposals issued for State contracts shall include the
following certification to be completed by the bidder:
"The undersigned bidder hereby certifies and agrees that the following
information is correct:
In preparing its bid on this project, the bidder has considered all proposals
submitted from qualified, potential subcontractors and suppliers, and has not engaged
in "discrimination" as defined in § 19-103 of the [State Government Article] STATE
FINANCE AND PROCUREMENT ARTICLE of the Annotated Code of Maryland; to wit:
discrimination in the solicitation, selection, or [commerical] COMMERCIAL treatment
of any subcontractor, vendor, supplier, or commercial customer on the basis of race,
color, religion, ancestry or national origin, sex, age, marital status, sexual orientation,
or on the basis of disability or other unlawful forms of discrimination. Without limiting
the foregoing, "discrimination" also includes retaliating against any person or other
entity for reporting any incident of "discrimination". Without limiting any other
provision of the solicitation for bids on this project, it is understood and agreed that, if
this certification is false, such false certification will constitute grounds for the State
to reject the bid submitted by the bidder on this project, and terminate any contract
awarded based on the bid. As part of its bid or proposal, the bidder shall provide to the
State a list of all instances within the immediate past 4 years where there has been a
final adjudicated determination in a legal or administrative proceeding in the State of
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