reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part II - Maryland State Board of Contract Appeals › Section 15-206 - Independent Unit

The Appeals Board is an independent unit of the Executive Branch of the State government and, except by statute, may not be made a part of another unit of the State government.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part II - Maryland State Board of Contract Appeals › Section 15-207 - Membership

(a)    (1)    The Appeals Board consists of 6 members appointed by the Governor with the advice and consent of the Senate.
(2)    An appeal before the Appeals Board shall be heard by a panel of not more than 3 members designated by the Chairman.
(b)    Each member of the Appeals Board shall:
(1)    be qualified to serve in a quasi–judicial capacity; and
(2)    have a thorough knowledge of procurement practices and processes.
(c)    Before taking office, each appointee to the Appeals Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(d)    (1)    The term of a member is 5 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Appeals Board on October 1, 1988.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(e)    The Governor may remove a member of the Appeals Board for cause.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part II - Maryland State Board of Contract Appeals › Section 15-209 - Full-Time Duties; Compensation; Staff

(a)    Each member of the Appeals Board shall devote full time to the duties of office.
(b)    Each member of the Appeals Board is entitled to:
(1)    compensation in accordance with the State budget; and
(2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    (1)    Subject to paragraphs (2) and (3) of this subsection, the Appeals Board may employ a staff in accordance with the State budget.
(2)    The Appeals Board shall have at least three more positions than the number of positions authorized in fiscal year 2022.
(3)    (i)    Subject to subparagraph (ii) of this paragraph, the Appeals Board shall employ at least three law clerks.
(ii)    The Appeals Board shall employ:
1.    at least one law clerk who is a graduate of the University of Maryland School of Law;
2.    at least one law clerk who is a graduate of the University of Baltimore School of Law; and
3.    at least one law clerk who is a graduate of Howard University School of Law.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part II - Maryland State Board of Contract Appeals › Section 15-210 - Regulations

In accordance with Title 10, Subtitle 1 of the State Government Article, the Appeals Board shall adopt regulations that provide for informal, expeditious, and inexpensive resolution of appeals before the Appeals Board.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part II - Maryland State Board of Contract Appeals › Section 15-211 - Jurisdiction; Finality of Decisions

(a)    The Appeals Board shall have jurisdiction to hear and decide all appeals arising from the final action of a unit:
(1)    on a protest relating to the formation of a procurement contract, including a violation of § 13–212.1 of this article; or
(2)    except for a contract claim relating to a lease of real property, on a contract claim by a contractor or a unit concerning:
(i)    breach;
(ii)    performance;
(iii)    modification; or
(iv)    termination.
(b)    A decision of the Appeals Board is final, subject to any judicial review.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part II - Maryland State Board of Contract Appeals › Section 15-212 - Authority of Appeals Board as to Subpoenas, Oaths, and Testimony

(a)    In connection with a proceeding authorized under this subtitle, the Appeals Board may:
(1)    administer oaths;
(2)    certify to all official acts; and
(3)    at the request of a party to the proceeding:
(i)    issue subpoenas for the attendance and testimony of witnesses or the production of documents; and
(ii)    compel the testimony of witnesses.
(b)    If a person fails to comply with a subpoena or order compelling testimony under this section, on petition of the Appeals Board, a court of competent jurisdiction may pass an order directing compliance with the subpoena or compelling testimony.
(c)    (1)    A person who, under oath, willfully makes a false statement about a matter before the Appeals Board is guilty of perjury.
(2)    A person who causes another person under oath to make a false statement about a matter before the Appeals Board is guilty of subornation of perjury.
(3)    A person who commits perjury or subornation of perjury under this section is subject to the penalty provided in §§ 9-101 and 9-102 of the Criminal Law Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-215 - Definitions

(a)    In this Part III of this subtitle the following words have the meanings indicated.
(b)    (1)    “Contract claim” means a claim that relates to a procurement contract.
(2)    “Contract claim” includes a claim about the performance, breach, modification, or termination of the procurement contract.
(c)    (1)    “Protest” means a complaint that relates to the formation of a procurement contract.
(2)    “Protest” includes a complaint about:
(i)    the qualifications of a bidder or offeror; or
(ii)    the determination of the successful bidder or offeror.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-216 - Application of Administrative Procedure Act

(a)    Title 10, Subtitle 2 of the State Government Article does not apply to the disposition of a protest or a contract claim by:
(1)    a primary procurement unit;
(2)    a procurement officer; or
(3)    a unit.
(b)    The Appeals Board shall conduct its proceedings in accordance with Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-217 - Initiation of Protest or Contract Claim

(a)    (1)    A prospective bidder or offeror, a bidder, or an offeror may submit a protest to the procurement officer.
(2)    A unit or a person who has been awarded a procurement contract may submit a contract claim to the procurement officer.
(b)    Except as provided in § 15-219 of this subtitle, a protest or contract claim shall be submitted within the time required under regulations adopted by the primary procurement unit responsible for the procurement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-218 - Procedure by Unit

(a)    Except as provided under § 15–219 of this subtitle, a procurement officer who receives a protest or a contract claim from a contractor shall comply with this section.
(b)    (1)    On receipt of a protest or contract claim from a contractor, a procurement officer:
(i)    shall review the substance of the protest or contract claim;
(ii)    may request additional information or substantiation through an appropriate procedure;
(iii)    may discuss with interested parties and, if appropriate, may conduct negotiations with the person initiating the protest or contract claim; and
(iv)    shall comply with any applicable regulations.
(2)    Unless clearly inappropriate, the procurement officer shall seek the advice of the Office of the Attorney General.
(c)    (1)    Subject to subsection (b) of this section and consistent with the State budget and other applicable laws, the procurement officer shall:
(i)    resolve the protest or contract claim by agreement of the parties;
(ii)    wholly or partly deny the protest or contract claim; or
(iii)    wholly or partly grant the relief sought by the person who submitted the protest or contract claim.
(2)    The procurement officer promptly shall send the decision in writing to the reviewing authority.
(d)    Unless otherwise provided by regulation, the decision of the procurement officer shall be reviewed promptly by:
(1)    the head of the unit; and
(2)    the head of the principal department or other equivalent unit of which the unit is a part.
(e)    (1)    Except as provided under paragraph (3) of this subsection, the reviewing authority shall approve, disapprove, or modify the decision of the procurement officer within 180 days after receiving the contract claim or a longer period to which the parties agree.
(2)    The action of the reviewing authority under this subsection shall be the final action of the unit.
(3)    The reviewing authority may remand the proceeding with instructions to the procurement officer.
(4)    On remand, the procurement officer shall proceed under subsection (b) of this section in accordance with those instructions.
(f)    (1)    A decision not to pay a contract claim is a final action for the purpose of appeal to the Appeals Board.
(2)    The failure to reach a decision within the time required under subsection (e) of this section may be deemed, at the option of the contractor, to be a decision not to pay the contract claim.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-219.1 - Contract Claim Against a Contractor

(a)    (1)    A unit may assert a contract claim against a contractor by sending written notice to the contractor and the procurement officer that states:
(i)    the basis for the contract claim;
(ii)    to the extent known, the amount, or the performance or other action, requested by the unit in the contract claim; and
(iii)    the date by which the contractor is required to provide a written response to the contract claim.
(2)    On receipt of a contract claim from a unit, a procurement officer:
(i)    shall review the substance of the contract claim;
(ii)    may request additional information or substantiation through an appropriate procedure; and
(iii)    may discuss or, if appropriate, negotiate the contract claim with the unit or contractor.
(3)    The procurement officer shall proceed under subsection (b) of this section if the contractor fails to respond, provides an inadequate response, or denies the contract claim or the relief sought by the unit in whole or in part.
(b)    (1)    If the contractor and the unit do not resolve the contract claim, the procurement officer shall prepare a proposed decision on the contract claim, including:
(i)    a description of the contract claim;
(ii)    references to pertinent contract provisions;
(iii)    a statement of factual areas of agreement or disagreement; and
(iv)    a statement in the proposed decision wholly or partly granting or denying the relief sought, with supporting rationale.
(2)    Unless otherwise provided by regulation, the procurement officer shall submit the contract claim and proposed decision to:
(i)    the head of the unit; and
(ii)    the head of the principal department or other equivalent unit of which the unit is a part.
(3)    (i)    The reviewing authority shall approve, modify, or disapprove the proposed decision.
(ii)    In disapproving a proposed decision, the reviewing authority may remand the contract claim with instructions to the procurement officer.
(iii)    On remand, the procurement officer shall proceed as required under this subsection and in accordance with the instructions of the reviewing authority.
(4)    The decision of the reviewing authority is the final action of the unit.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-220 - Appeal From Unit's Decision -- in General

(a)    Except for a contract claim related to a lease for real property, a bidder or offeror, a prospective bidder or offeror, a unit, or a contractor may appeal the final action of a unit to the Appeals Board.
(b)    An appeal under this section shall be filed:
(1)    for a protest, within 10 days after receipt of the notice of a final action; and
(2)    for a contract claim, within 30 days after receipt of the notice of a final action.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-221 - Appeal From Unit's Decision -- Procedures

(a)    If a person appeals the decision of a unit about a protest, the Appeals Board shall:
(1)    give that case priority over other matters not involving protests before the Appeals Board; and
(2)    decide it expeditiously.
(b)    (1)    For any appeal, the Appeals Board may require each party to file a brief.
(2)    If briefs are required, the Appeals Board shall establish the order and time limits for filing briefs after consultation with both parties.
(c)    Except as provided in subsection (d) of this section, in a case before the Appeals Board, a party may obtain discovery about any matter that:
(1)    is not privileged; and
(2)    is relevant to the subject matter involved in that case.
(d)    In an appeal from a decision about a protest, discovery shall be limited to requests for the production of documents unless the Appeals Board determines that extraordinary circumstances require additional limited discovery to avoid substantial unfairness or prejudice.
(e)    In an appeal from a decision about a contract claim, unless both parties agree to a longer period, the Appeals Board shall issue its final decision within 180 days after the day on which:
(1)    all briefs have been filed; or
(2)    if later, the record has been closed.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-221.1 - Appeal From Unit's Decision -- Costs Incurred by Bidder or Offeror

(a)    The Board of Contract Appeals may award a prospective bidder or offeror, a bidder, or an offeror the reasonable costs of filing and pursuing a protest, not including attorney’s fees, if:
(1)    the prospective bidder or offeror, bidder, or offeror appeals the final action of an agency on a protest;
(2)    the Board of Contract Appeals sustains the appeal; and
(3)    the Board of Contract Appeals finds that there has been a violation of law or regulation.
(b)    The Board of Contract Appeals shall adopt regulations to implement this section and to determine what constitutes reasonable costs of filing and pursuing a protest.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-221.2 - Appeal From Unit's Decision -- Costs Incurred by Contractor

(a)    This section only applies to a claim resulting under a contract for construction.
(b)    The Appeals Board may award to a contractor the reasonable costs of filing and pursuing a claim, including reasonable 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.
(c)    The Appeals Board shall adopt regulations to implement this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-222 - Interest

(a)    Notwithstanding any provision of a procurement contract, the Appeals Board may award interest on money that the Appeals Board determines to be due to the unit or the contractor under a contract claim.
(b)    (1)    Subject to paragraph (2) of this subsection, interest may accrue from a day that the Appeals Board determines to be fair and reasonable after hearing all the facts until the day of the decision by the Appeals Board.
(2)    Interest may not accrue before the procurement officer receives a contract claim from the unit or the contractor.
(c)    (1)    Subject to paragraph (2) of this subsection, an award under a decision by the Appeals Board shall accrue interest until the day on which the award is paid.
(2)    If an award is reduced as a result of a judicial review of the decision of the Appeals Board, interest shall be paid only on the reduced award.
(d)    The rate of interest under this section shall be the rate of interest on judgments as provided under § 11-107(a) of the Courts Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 15 - Procurement Contract Administration and Dispute Resolution › Subtitle 2 - Dispute Resolution › Part III - Procedures for Dispute Resolution › Section 15-223 - Judicial Review and Enforcement

(a)    (1)    A decision of the Appeals Board is subject to judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.
(2)    Any party to an Appeals Board decision, including a unit, may appeal a final decision of the Appeals Board to a court of competent jurisdiction.
(b)    When a decision about a protest or contract claim has become final and is no longer subject to judicial review, the determination shall be enforceable in the appropriate court.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 16-310 - Termination of Debarment or Suspension

(a)    (1)    If the conviction that is the basis for a debarment or suspension is reversed or otherwise rendered void, the debarment or suspension terminates automatically.
(2)    If the federal debarment that is the basis for a State debarment is reversed or otherwise rendered void, the debarment terminates automatically if the person debarred provides to the Board sufficient legal documentation that the federal debarment has been reversed or otherwise rendered void.
(b)    (1)    Any person debarred under § 16-202 of this title may, after a period of 5 years from the date of the debarment, petition the Board for removal of the debarment.
(2)    Any person debarred under § 16-203(a), (b), or (d) of this title may petition the Board for removal of the debarment, after the expiration of:
(i)    one-half of the period of debarment; or
(ii)    5 years.
(c)    (1)    The Board shall consider all petitions received under subsection (b) of this section.
(2)    Within 90 days after receiving a petition under subsection (b) of this section, the Board shall determine in its discretion whether to conduct a hearing regarding the petition. If the Board decides to conduct a hearing, it shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(3)    The Board shall notify the person of its decision whether it will conduct a hearing regarding the petition.
(d)    In making its determination whether the debarment should be removed, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by continuing the debarment. In making its determination, the Board shall consider relevant factors including those listed in § 16-306(a) of this subtitle.
(e)    Upon making its determination, the Board shall give written notice to the petitioner that the debarment is removed or continued.
(f)    The time for any hearing or determination by the Board under this section may be extended by the Board upon a showing of good cause.
2023 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 16-311 - Affidavits

(a)    Every person, upon submitting a bid proposal or other application for a contract with a public body, shall submit an affidavit stating to its best knowledge whether it or any of its officers, directors, or partners, or any of its employees who are directly involved in obtaining or performing contracts with any public bodies has:
(1)    been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or of the federal government;
(2)    been convicted under a State or federal law or statute of any offense enumerated in § 16-203 of this title; or
(3)    been found civilly liable under a State or federal antitrust statute as provided in § 16-203 of this title.
(b)    The affidavit required by subsection (a) of this section shall also contain the person’s affirmation that it shall not knowingly enter into a contract with a public body under which a person or business debarred or suspended under this subtitle will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.
(c)    The requirements of this section are satisfied if the affidavit:
(1)    incorporates by reference the statements contained in an affidavit filed with the same public body within the previous year pursuant to the requirements of this section; and
(2)    states that those statements remain accurate.
2023 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 16-312 - Limitations of Actions

(a)    Debarment proceedings under this subtitle against a person or business subject to debarment under this title may be instituted within 5 years after:
(1)    a final judgment in a civil or criminal action that constitutes a cause for debarment;
(2)    an admission, in writing or under oath, of an act or omission that constitutes grounds for a criminal conviction or civil liability that may be a cause for debarment; or
(3)    the occurrence of any other event that constitutes a cause for debarment.
(b)    Debarment proceedings under this subtitle against a person or business subject to debarment under this title may be instituted after the period set forth in subsection (a) of this section, only if such proceedings are brought within 1 year of the time when the State discovered, or by the exercise of ordinary diligence should have discovered, the grounds for debarment under this title.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Payment security” means security to guarantee payment for labor and materials, including leased equipment, under a contract for construction.
(c)    “Performance security” means security to guarantee the performance of a contract for construction.
(d)    “Public body” means:
(1)    the State;
(2)    a county, municipal corporation, or other political subdivision;
(3)    a public instrumentality; or
(4)    any governmental unit authorized to award a contract.
(e)    (1)    “Supplier” means a person who supplies labor or materials.
(2)    “Supplier” includes a lessor of equipment to the extent of the fair rental value of the equipment.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-102 - Scope of Subtitle

(a)    This subtitle does not limit the authority of a public body to require performance security in addition to, or in cases other than, those specified under §§ 17-103, 17-104, 17-106, and 17-107 of this subtitle.
(b)    This subtitle applies only to security for a construction contract.
(c)    (1)    By ordinance, Baltimore City may provide for a program to satisfy the bonding requirements under §§ 17-103, 17-104, 17-106, and 17-107 of this subtitle with respect to any construction contract:
(i)    that does not exceed $200,000; and
(ii)    for which State money is not used.
(2)    The program shall provide for payment security of at least 50% of the total amount payable under the contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-103 - Security on Construction Contracts

(a)    (1)    Before a public body awards a construction contract exceeding $100,000, the contractor shall provide payment security and performance security that meet the requirements of § 17–104 of this subtitle.
(2)    The security shall be:
(i)    for performance security, in an amount that the public body considers adequate for its protection; and
(ii)    for payment security, at least 50% of the total amount payable under the contract.
(b)    A public body, other than the State or a unit of the State government, may require payment security or performance security for a construction contract if:
(1)    the contract exceeds $50,000 but does not exceed $100,000; and
(2)    the amount of the security does not exceed 50% of the contract amount.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-104 - Type of Security

(a)    Payment security or performance security required under this subtitle shall be:
(1)    a bond executed by a surety company authorized to do business in the State;
(2)    cash in an amount equivalent to a bond; or
(3)    other security that is satisfactory to the public body awarding the contract.
(b)    (1)    Subject to paragraphs (2) and (3) of this subsection, performance security may include the granting of a mortgage or deed of trust on real property located within the State if such security is satisfactory to the public body awarding the contract.
(2)    The face amount of a mortgage or deed of trust on real property granted as security under this subsection may not exceed 75% of the contractor’s equity interest in the property.
(3)    A mortgage or deed of trust accepted under this subsection shall be recorded by an official designated by the public body accepting the mortgage or deed of trust in the land records of the county where the real property is situated in accordance with § 3–103 of the Real Property Article.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-105 - Form of Security; Filing

(a)    Security under this subtitle:
(1)    if required by the State or a unit of the State government, shall be payable to “the State of Maryland”; or
(2)    if required by any other public body, shall be payable to that public body.
(b)    The form of payment security or performance security shall be approved:
(1)    for the State or a unit of the State government, by the Attorney General; and
(2)    for any other public body, by its attorney.
(c)    The contractor shall file the security or evidence of a trust account established as security:
(1)    if payable to the State under this section, in the Office of the Comptroller; or
(2)    if payable to any other public body, in the appropriate office of that public body.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-106 - Certification of Payments

Before a contractor receives a progress or final payment under a contract covered by payment security, the contractor shall certify in writing that, in accordance with contractual arrangements, suppliers:
(1)    have been paid from the proceeds of previous progress payments; and
(2)    will be paid in a timely manner from the proceeds of the progress or final payment currently due.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-107 - Waiver of Mechanics' Liens

A contractor who provides payment security under this subtitle in connection with a construction contract awarded by a public body need not execute a waiver of a mechanics’ lien to the public body.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-108 - Action on Security

(a)    Subject to subsection (b) of this section, a supplier may sue on payment security if the supplier:
(1)    supplied labor or materials in the prosecution of work provided for in a contract subject to this subtitle; and
(2)    has not been paid in full for the labor or materials within 90 days after the day that the person last supplied labor or materials for which the claim is made.
(b)    (1)    A supplier who has a direct contractual relationship with a subcontractor or sub-subcontractor of a contractor who has provided payment security but no contractual relationship with the contractor may sue on the security if the supplier gives written notice to the contractor within 90 days after the labor or materials for which the claim is made were last supplied in prosecution of work covered by the security.
(2)    A notice under this subsection:
(i)    shall state with substantial accuracy the amount claimed and the person to whom the labor or material was supplied; and
(ii)    shall be sent by certified mail to the contractor at the contractor’s residence or a place where the contractor has an office or does business.
(c)    (1)    On request by a person who submits an affidavit verifying that the person has supplied labor or materials but has not been paid or is being sued under this section, the Comptroller or the officer in charge of the office where the payment security or evidence of security is required to be filed shall issue:
(i)    a certified copy of the payment bond; or
(ii)    for other security, a certified statement of the security.
(2)    The person requesting certification shall pay a reasonable fee, set by the Comptroller or other officer required to issue the certification, to cover the costs of preparation.
(3)    A certification under this section is prima facie evidence of the contents, execution, and delivery of payment security.
(d)    (1)    An executory contract between a supplier and a contractor or subcontractor that is related to a construction contract may not waive or require the supplier to waive the right to sue on payment security under this section.
(2)    A provision in an executory contract between a supplier and a contractor or subcontractor that is related to a construction contract and that conditions payment to the supplier on receipt of payment by the person from a public body or other third party, may not abrogate or waive the right of the supplier to sue on payment security under this subtitle.
(3)    A provision of a contract made in violation of this subsection is void as against the public policy of the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-109 - Venue; Limitations; Costs

(a)    An action on a payment bond required by this subtitle shall be filed in the appropriate court of the county where:
(1)    the contract was executed and performed; or
(2)    the contractor has its principal place of business.
(b)    An action on a payment bond required by this subtitle shall be filed within 1 year after the public body finally accepts the work performed under the contract.
(c)    An obligee named in a bond or a trustee for any other security is not liable for any costs in connection with an action on a payment bond required by this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 1 - Security for Construction Contracts › Section 17-110 - Retention of Percentage of Total Amount of Contract as Security

(a)    Subsections (b)(1) and (2), (c), and (d) of this section do not apply to an entity that is required to comply with the provisions of § 13–225 of this article.
(b)    (1)    If a contractor has furnished 100% payment security and 100% performance security in accordance with this subtitle under a contract for construction awarded by a public body, the percentage specified in the contract for retainage may not exceed 5% of the total amount of the contract.
(2)    In addition to retainage, a public body may withhold from payments otherwise due a contractor any amount that the public body reasonably believes necessary to protect the public body’s interest.
(3)    Except as provided in paragraph (4) of this subsection, within 120 days after satisfactory completion of a contract for construction, a public body shall release any retainage due to the contractor.
(4)    If there is a dispute or contract claim between the contractor and the public body concerning the satisfactory completion of a contract for construction, the public body shall release the retainage to the contractor within 120 days after the resolution of the dispute or contract claim.
(c)    (1)    A contractor may not retain a percentage of payments due a subcontractor that exceeds the percentage of payments retained by the public body.
(2)    Paragraph (1) of this subsection may not be construed to prohibit a contractor from withholding any amount in addition to retainage if the contractor determines that a subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.
(d)    (1)    A subcontractor may not retain a percentage of payments due a lower tier subcontractor that exceeds the percentage of payments retained from the subcontractor.
(2)    Paragraph (1) of this subsection may not be construed to prohibit a subcontractor from withholding any amount in addition to retainage if the subcontractor determines that a lower tier subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.
(e)    This section may not be construed to limit the application of the remaining provisions of this subtitle.