reglab/housing_qa huggingface dataset:
MD. State Finance and Procurement Code Ann. §  15-104 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-104 - Interest on Late Payments

    (a)    Except as provided in § 15-105 of this subtitle, interest shall accrue at the rate of 9% per annum on any amount that:        (1)    is due and payable by law and under the written procurement contract; and        (2)    remains unpaid more than 45 days after a unit receives an invoice.    (b)    Interest shall accrue beginning on the 31st day after:        (1)    the day on which payment becomes due under a procurement contract; or        (2)    if later, the day on which the unit receives an invoice.
MD. State Finance and Procurement Code Ann. §  15-105 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-105 - Interest Not Payable

    A unit is not liable under § 15-104 of this subtitle for interest:         (1)    unless within 30 days after the date on the State’s check for the amount on which the interest accrued, the contractor submits an invoice for the interest;        (2)    if a contract claim has been filed under Subtitle 2 of this title;        (3)    accruing more than 1 year after the 31st day after the unit receives an invoice; or        (4)    on an amount that represents unpaid interest.
MD. State Finance and Procurement Code Ann. §  15-106 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-106 - Disputes by Units on Payment

    The Governor shall resolve a dispute among units as to which unit is responsible for a delayed payment under a procurement contract.
MD. State Finance and Procurement Code Ann. §  15-107 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-107 - Duty of Unit After Semifinal Payment

    After a unit pays a semifinal estimate on a procurement contract, the unit shall place any retainage remaining in its possession in an interest bearing escrow account.
MD. State Finance and Procurement Code Ann. §  15-108 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-108 - Retainage

    (a)    This section does not apply to any procurement contract funded with tax-exempt financing.    (b)    (1)    Subject to the requirements of this section, a contractor under a procurement contract that a unit awards for construction is entitled to have retainage under the procurement contract placed in an escrow account if the contractor:            (i)    elects that procedure in the procurement contract in the space provided for that election; and            (ii)    submits to the unit an escrow agreement that meets the requirements of subsection (c) of this section.        (2)    The procurement contract shall identify the escrow agent.    (c)    The escrow agreement shall:        (1)    be on a form that the unit provides;        (2)    include the complete address of both the escrow agent and the surety;        (3)    authorize the unit to pay retainage to the escrow agent; and        (4)    be signed by:            (i)    the contractor;            (ii)    the surety for the contractor; and            (iii)    the escrow agent.    (d)    On compliance with the requirements of subsection (b) of this section, the unit shall pay the retainage to the escrow agent unless:        (1)    federal money is involved and application of this section would jeopardize timely recovery of that federal money; or        (2)    retainage is withheld for:            (i)    lack of progress on the part of the contractor; or            (ii)    other violations by the contractor.    (e)    In accordance with the escrow agreement, a contractor may require an escrow agent:        (1)    to invest the retainage placed in the escrow account; and        (2)    to the extent the contractor is entitled to retainage under subsection (f)(2)(ii) of this section, to pay the earnings on the investment to the contractor.    (f)    (1)    Retainage may be released to the contractor only as directed by the unit.        (2)    At the time of final payment, the unit shall direct the escrow agent to settle the escrow account by distributing money in the escrow account in the following order:            (i)    to the unit for any claim it may have against the contractor under the procurement contract;            (ii)    unless waived by the Board, to the Comptroller for any claim exceeding $50 against the contractor by the State, a unit, or a State controlled governmental entity; and            (iii)    to the contractor.
MD. State Finance and Procurement Code Ann. §  15-109 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-109 - Inspections

    (a)    At reasonable times an inspection may be conducted of a plant, place of business, or job site of:        (1)    a bidder or offeror seeking a procurement contract;        (2)    any contractor under a procurement contract;        (3)    a subcontractor under a procurement contract; or        (4)    a prospective subcontractor of:            (i)    a bidder or offeror seeking a procurement contract; or            (ii)    a contractor under a procurement contract.    (b)    An inspection under this section may be conducted by:        (1)    the Department of Legislative Services;        (2)    the unit engaged in procurement; or        (3)    as authorized by law, any other unit.
MD. State Finance and Procurement Code Ann. §  15-110 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-110 - Audits

    (a)    The following persons are subject to an audit of books, accounts, or records:        (1)    before the expiration of the period of retention under subsection (c) of this section, a person who submits cost and price information under § 13-220 of this article, if the books, accounts, or records being audited are reasonably connected with the cost and price information;        (2)    a contractor or subcontractor under a procurement contract if, from an audit of a cost-type contract, the unit has reason to believe that costs have been inappropriately assigned to the cost-type contract from a fixed-price contract; and        (3)    a contractor or subcontractor under a procurement contract that:            (i)    was awarded by a method other than competitive sealed bids; and            (ii)    is not a firm fixed-price procurement contract.    (b)    An audit under this section may be conducted by:        (1)    the Department of Legislative Services;        (2)    a unit engaged in procurement; or        (3)    as authorized by law, any other unit.    (c)    A person subject to an audit under subsection (a) of this section shall keep books, accounts, and records for:        (1)    at least 3 years after the day on which the person receives final payment under a procurement contract or a subcontract; or        (2)    if longer, the period required under the procurement contract.
MD. State Finance and Procurement Code Ann. §  15-111 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 15 - Procurement Contract Administration and Dispute Resolution|Subtitle 1 - Procurement Contract Administration|Section 15-111 - Reports

    (a)    Within 90 days after the end of each fiscal year, each primary procurement unit shall submit to the Governor and to the General Assembly a report on each procurement contract that was awarded during the preceding fiscal year and:        (1)    was exempt from the notice requirements of § 13–103(c) of this article because the procurement officer reasonably expected that the procurement contract would be performed entirely outside this State and the District of Columbia;        (2)    cost more than $100,000 and was awarded for the procurement of services, construction related services, architectural services, or engineering services; or        (3)    was awarded on the basis of:            (i)    § 13–107 of this article (“Sole source procurement”);            (ii)    § 13–108(a) of this article (“Emergency procurement”); or            (iii)    § 13–108(c) of this article (“Expedited procurement”).    (b)    (1)    A report required under subsection (a)(2) or (3) of this section shall include:            (i)    the name of each contractor;            (ii)    the type and cost of the procurement contract; and            (iii)    a description of the procurement.        (2)    A report required under subsection (a)(3) of this section also shall describe the basis for the award.    (c)    Within 90 days after the end of each fiscal year, the Department of Budget and Management shall submit to the Board and the General Assembly a report on each class of procurement for which the procedure for noncompetitive negotiated procurement has been approved under § 13–106 of this article.    (d)    A report to the General Assembly under this section is subject to § 2–1257 of the State Government Article.
MD. State Finance and Procurement Code Ann. §  16-101 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 1 - General Provisions|Section 16-101 - Definitions

    (a)    In this title the following words have the meanings indicated.    (b)    “Business” means an individual or a corporation, partnership, sole proprietorship, joint venture, or other legal entity through which commercial activity is conducted.    (c)    “Contract” means any agreement in any form.    (d)    “Controlling stockholder” means a stockholder who:        (1)    owns more than 25% of the voting stock of a corporation; or        (2)    notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.    (e)    “Convicted” includes an accepted plea of nolo contendere.    (f)    “Public body” means:        (1)    the State;        (2)    a unit; or        (3)    a local governmental entity in the State, including a bicounty or multicounty governmental entity.
MD. State Finance and Procurement Code Ann. §  16-102 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 1 - General Provisions|Section 16-102 - Probation Before Judgment

    For purposes of this title, the Board may treat the imposition of probation before judgment for an offense in the same manner as a conviction for the same offense.
MD. State Finance and Procurement Code Ann. §  16-201 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 2 - Offenses Subject to Debarment|Section 16-201 - Scope of Subtitle

    This subtitle is broadly applicable to all contracts with public bodies, except where a section refers only to the State.
MD. State Finance and Procurement Code Ann. §  16-202 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 2 - Offenses Subject to Debarment|Section 16-202 - Bribery

    (a)    A person is debarred by operation of law from entering into a contract with a public body if the person has been convicted under the laws of the State for bribery, attempted bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract with a public body.    (b)    A person may be debarred from entering into a contract with a public body, if the person:        (1)    has been convicted under the laws of the State for bribery, attempted bribery, or conspiracy to bribe, committed other than in furtherance of obtaining a contract with any public body;        (2)    has been convicted under the laws of another state or of the United States of bribery, attempted bribery, or conspiracy to bribe; or        (3)    during the course of an official investigation or other proceeding has admitted, in writing or under oath, acts or omissions that would constitute bribery, attempted bribery, or conspiracy to bribe, under the laws of the State, another state or the United States.
MD. State Finance and Procurement Code Ann. §  16-301 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-301 - Scope of Subtitle

    This subtitle is broadly applicable to all debarment proceedings.
MD. State Finance and Procurement Code Ann. §  16-302 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-302 - Information Provided to Board

    (a)    The clerk of each circuit court shall send to the Board a certified copy of:        (1)    each judgment of conviction of bribery, attempted bribery, or conspiracy to bribe; and        (2)    each docket entry showing an acceptance of a plea of nolo contendere for bribery, attempted bribery, or conspiracy to bribe, or imposition of probation before judgment for any such offense.    (b)    During an investigation or other proceeding, if a person admits an act or omission that would subject that person to debarment under § 16-202(b)(3) or § 16-203(b) of this title, the prosecuting officer of the public body who has responsibility for the proceeding shall send to the Board a copy or summary of the written statement or transcript reflecting the admission as soon as the officer determines that the transmission will not prejudice a pending or anticipated investigation or other proceeding.    (c)    Each unit shall report to the Board information showing a cause for debarment under § 16-203(d) of this title.
MD. State Finance and Procurement Code Ann. §  16-304 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-304 - Debarment Procedure

    (a)    The Board shall notify a person that the person is debarred under § 16-202(a) of this title, and shall give reasonable opportunity for that person to be heard on whether the stated basis for debarment exists.    (b)    (1)    The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title by filing an administrative complaint with the Board.        (2)    The Board shall notify the person that debarment proceedings have been initiated and that the person has a right to a hearing.    (c)    Before being debarred, a person subject to debarment under § 16-202(b) or § 16-203 of this title is entitled to a hearing before the Board. The Board shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.    (d)    When a unit contracting for a public body is notified that a person who has applied for a contract is subject to debarment under this title, the unit shall notify the person in writing that:        (1)    the application may be disqualified; and        (2)    the person has a right to a hearing before the Board.    (e)    Unless a person notified by the Board pursuant to this section submits a request to the Board for a hearing within 30 days after receiving such notice, the person:        (1)    waives the right to a hearing; and        (2)    is debarred.
MD. State Finance and Procurement Code Ann. §  16-305 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-305 - Suspension

    (a)    While a final decision on a debarment is pending, the Board may suspend a person from:        (1)    being considered for the award of, being awarded, or performing a contract with a public body, if the debarment proceedings are instituted under § 16-202(b) of this title; or        (2)    being considered for the award of, being awarded, or performing a contract with the State, if the debarment proceedings are instituted under § 16-203 of this title.    (b)    A business is suspended to the same extent that a person is suspended under this section if:        (1)    the suspended person’s debarment would cause the debarment of the business under § 16-307 of this subtitle; and        (2)    the Board notifies the business in writing of its suspension under this subsection.    (c)    (1)    A person or business suspended under this section may petition the Board to modify or terminate the suspension.        (2)    In its discretion, the Board may conduct, in accordance with Title 10, Subtitle 2 of the State Government Article, a hearing concerning a petition received under paragraph (1) of this subsection.        (3)    In considering a petition received under paragraph (1) of this subsection, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by continuing, modifying, or terminating the suspension.        (4)    The Board shall give the person or business petitioning for modification or termination of a suspension written notice of the Board’s decision.
MD. State Finance and Procurement Code Ann. §  16-306 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-306 - Determination of Debarment

    (a)    In making a determination whether a person should be debarred under § 16-202(b) or § 16-203 of this title, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by debarring the person from entering into contracts with the applicable public bodies. In making its determination, the Board shall consider relevant factors, including:        (1)    the nature and seriousness of the act that caused the person to be subject to debarment;        (2)    the time the act occurred;        (3)    whether and to what extent the person cooperated with authorities in their investigation of the matters;        (4)    the conditions under which the person cooperated; and        (5)    the conduct of the person since the act occurred.    (b)    Upon making its determination under subsection (a) of this section, the Board shall notify the person subject to debarment in writing either that:        (1)    the person is debarred and the period of debarment; or        (2)    the person is no longer subject to debarment for the act which was the subject of the hearing and determination.    (c)    Except as provided in § 16-310 of this subtitle, this section does not apply to a person debarred under § 16-202(a) of this title.
MD. State Finance and Procurement Code Ann. §  16-307 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-307 - Debarment of Businesses

    (a)    A business is debarred from entering into a contract with a public body if the Board debars:        (1)    an officer, director, controlling shareholder, or partner; or        (2)    an employee directly involved in the process of obtaining contracts with public bodies.    (b)    The business is debarred under subsection (a) of this section to the same extent as the person debarred by the Board.    (c)    A business shall remain debarred under this section:        (1)    as long as the debarred person remains with the business in any capacity described in subsection (a) of this section; or        (2)    until the debarment is removed under § 16-310 of this subtitle.    (d)    The Board shall notify in writing any business that it is debarred under this section.
MD. State Finance and Procurement Code Ann. §  16-308 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-308 - Roster of Debarred Persons and Businesses

    (a)    The Board shall keep a roster of all persons and businesses suspended or debarred under this title.    (b)    The roster is a public record.
MD. State Finance and Procurement Code Ann. §  16-309 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 16 - Suspension and Debarment of Contractors|Subtitle 3 - Suspension and Debarment Procedures|Section 16-309 - Effect of Debarment or Suspension

    (a)    If a person or business is debarred or suspended based on an offense listed in § 16-202 of this title, the person or business may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with a public body during the time period of debarment or suspension.    (b)    If a person or business is debarred or suspended based on an offense listed in § 16-203 of this title, the person or business may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the State during the time period of debarment or suspension.