reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.04 - Suspension of Work

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all construction contracts:
"Suspension of Work
"(1) The procurement officer unilaterally may
				order the Contractor in writing to suspend, delay, or interrupt all or any part
				of the work for a period of time as the procurement officer may determine to be
				appropriate for the convenience of the State.
"(2) If the performance of all or any part of
				the work is for an unreasonable period of time, suspended, delayed, or
				interrupted by an act of the procurement officer in the administration of this
				contract, or by the procurement officer's failure to act within the time
				specified in this contract (or if no time is specified, within a reasonable
				time), an adjustment shall be made for any increase in the cost of performance
				of this contract (excluding profit) necessarily caused by an unreasonable
				suspension, delay, or interruption and the contract modified in writing
				accordingly. However, no adjustment shall be made under this clause for any
				suspension, delay, or interruption to the extent (1) that performance would
				have been so suspended, delayed, or interrupted by any other cause, including
				the fault or negligence of the Contractor or (2) for which an equitable
				adjustment is provided for or excluded under any provision of this
				contract.
"(3) No claim under this
				clause shall be allowed (1) for any costs incurred more than 20 days before the
				Contractor shall have notified the procurement officer in writing of the act or
				failure to act involved (but this requirement shall not apply as to a claim
				resulting from a suspension order), and (2) unless the claim, in an amount
				stated, is asserted in writing as soon as practicable after the termination of
				a suspension, delay, or interruption, but not later than the date of final
				payment under the contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.05 - Differing Site Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all construction contracts:
"Differing Site Conditions
"(1) The Contractor shall promptly, and
				before such conditions are disturbed, notify the procurement officer in writing
				of:
(1) subsurface or latent physical
				conditions at the site differing materially from those indicated in this
				contract, or
(2) unknown physical
				conditions at the site of an unusual nature, differing materially from those
				ordinarily encountered and generally recognized as inhering in work of the
				character provided for in this contract. The procurement officer shall promptly
				investigate the conditions, and if the procurement officer finds that such
				conditions do materially so differ and cause an increase or decrease in the
				Contractor's cost of, or the time required for, performance of any part of the
				work under this contract, whether or not changed as a result of such
				conditions, an equitable adjustment shall be made and the contract modified in
				writing accordingly.
"(2)
				No claim of the Contractor under this clause shall be allowed unless the
				Contractor has given the notice required in (1) above; provided, however, the
				time prescribed therefor may be extended by the State.
"(3) No claim by the Contractor for an
				equitable adjustment hereunder shall be allowed if asserted after final payment
				under this contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.05-2 - Prompt Payment of Subcontractors

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provisions for all construction contracts:
A. This contract and all subcontracts issued
				under this contract at any tier are subject to the provisions of State Finance
				and Procurement Article, §
									15-226,
				Annotated Code of Maryland, and COMAR 21.10.08. In §§A-D of this
				regulation, the terms "undisputed amount", "prime contractor", "contractor",
				and "subcontractor" have the meanings stated in COMAR 21.10.08.01.
B. A contractor shall promptly pay its
				subcontractors an undisputed amount to which a subcontractor is entitled for
				work performed under this contract within 10 days after the contractor receives
				a progress payment or final payment for work under this contract.
C. If a contractor fails to make payment
				within the period prescribed in §B of this regulation, a subcontractor may
				request a remedy in accordance with COMAR 21.10.08.
D. A contractor shall include in its
				subcontracts at any tier for work under this contract wording that incorporates
				the provisions, duties, and obligations of §§A-D of this regulation,
				State Finance and Procurement Article, §
									15-226,
				Annotated Code of Maryland, and COMAR 21.10.08.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.05-3 - Retainage

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provisions for all construction contracts:
A. Sections A-E apply if the contractor has
				furnished 100 percent payment security and 100 percent performance
				security.
B. The contractor may not
				retain from any payment due a subcontractor a percent of the payment greater
				than the percent for retainage specified in the contract.
C. A subcontractor at any tier may not retain
				from any payment due a lower tier subcontractor a percent of the payment
				greater than the percent of payments retained from the subcontractor.
D. A contractor and a subcontractor are not
				prohibited, by §§A and B, from withholding an amount in addition to
				retainage if the contractor or subcontractor determines that a subcontractor's
				performance under the subcontract provides reasonable grounds for withholding
				the additional amount.
E. The
				contractor and each subcontractor at any tier shall include, in all of their
				subcontracts for work called for by this contract, wording that incorporates
				the provisions of §§B-E.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.06 - Site Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all construction contracts:
"Site Investigation
"The Contractor acknowledges that the Contractor has
				  investigated and satisfied itself as to the conditions affecting the work,
				  including but not restricted to those bearing upon transportation, disposal,
				  handling and storage of materials, availability of labor, water, electric
				  power, roads and uncertainties of weather, river stages, tides or similar
				  physical conditions at the site, the conformation and conditions of the ground,
				  the character of equipment and facilities needed preliminary to and during
				  prosecution of the work. The Contractor further acknowledges that the
				  Contractor has satisfied itself as to the character, quality and quantity of
				  surface and subsurface materials or obstacles to be encountered insofar as this
				  information is reasonably ascertainable from an inspection of the site,
				  including all exploratory work done by the State, as well as from information
				  presented by the drawings and specifications made a part of this contract. Any
				  failure by the Contractor to acquaint itself with the available information may
				  not relieve the Contractor from responsibility for estimating properly the
				  difficulty or cost of successfully performing the work. The State assumes no
				  responsibility for any conclusions or interpretations made by the Contractor on
				  the basis of the information made available by the State."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.08 - Liquidated Damages

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for:
A. All contracts with certified MBE
				participation goals, in accordance with COMAR
				21.11.03.10E;
				and
B. All construction contracts
				unless the agency head determines that the exclusion of the clause is in the
				best interest of the State:
"Liquidated Damages
"Time is an essential element of the contract and it is
				  important that the work be vigorously prosecuted until completion.
"For each day that any work shall remain uncompleted beyond
				  the time(s) specified elsewhere in the contract, the Contractor shall be liable
				  for liquidated damages in the amount(s) provided for in the solicitation,
				  provided, however, that due account shall be taken of any adjustment of
				  specified completion time(s) for completion of work as granted by approved
				  change orders."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 27.07.02.12 - Payment of Employee Health Care Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following is a mandatory provision for
				all State-funded construction contracts awarded after a competitive sealed bid:
"Payment of Employee Health Care Expenses
The contractor and each subcontractor shall pay employee
				  health care expenses as required by State Finance and Procurement Article,
				  Title 17, Subtitle 8, Annotated Code of Maryland. If the contractor fails to
				  submit records required under this section within a reasonable period of time,
				  the procurement officer may void the contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The following are mandatory terms and conditions to be
				  included in all purchase orders exceeding $50,000.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.01-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
"All terms and conditions of the solicitation, and any
				  amendments thereto, are made a part of this contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.02 - Tax Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
"The State is generally exempt from federal excise taxes,
				  Maryland sales and use taxes, District of Columbia sales taxes, and
				  transportation taxes. Exemption certificates shall be completed upon request.
				  Where a contractor is required to furnish and install material in the
				  construction or improvement of real property in performance of a contract, the
				  Contractor shall pay the Maryland sales tax and the exemption does not
				  apply."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.03 - Specifications

Current through Register Vol. 51, No. 14, July 12, 2024
"All materials, equipment, supplies or services shall conform
				  to federal and State laws and regulations and to the specifications contained
				  in the solicitation."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.04 - Delivery and Acceptance

Current through Register Vol. 51, No. 14, July 12, 2024
"Delivery shall be made in accordance with the solicitation
				  specifications. The State, in its sole discretion, may extend the time of
				  performance for excusable delays due to unforeseeable causes beyond the
				  Contractor's control. The State unilaterally may order in writing the
				  suspension, delay, or interruption of performance hereunder. The State reserves
				  the right to test any materials, equipment, supplies, or services delivered to
				  determine if the specifications have been met. The materials listed in the bid
				  or proposal shall be delivered FOB the point or points specified prior to or on
				  the date specified in the bid or proposal. Any material that is defective or
				  fails to meet the terms of the solicitation specifications shall be rejected.
				  Rejected materials shall be promptly replaced. The State reserves the right to
				  purchase replacement materials in the open market. Contractors failing to
				  promptly replace materials lawfully rejected shall be liable for any excess
				  price paid for the replacement, plus applicable expenses, if
				  any."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.05 - Non-Hiring of Officials and Employees

Current through Register Vol. 51, No. 14, July 12, 2024
"No official or employee of the State, as defined under State
				  Government Article, §
									15-102, Annotated
				  Code of Maryland, whose duties as such official or employee include matters
				  relating to or affecting the subject matter of this contract shall, during the
				  pendancy or term of this contract and while serving as an official or employee
				  of the State, become or be an employee of the contractor or any entity that is
				  a subcontractor on this contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.06 - Nondiscrimination in Employment

Current through Register Vol. 51, No. 14, July 12, 2024
The Contractor agrees not to discriminate in any manner
				  against an employee or applicant for employment because of race, color,
				  religion, creed, age, sex, marital status, national origin, ancestry, or
				  physical or mental disability of a qualified individual with a disability and
				  to post and to cause subcontractors to post in conspicuous places available to
				  employees and applicants for employment, notices setting forth the substance of
				  this clause."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.07 - Financial Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
The Contractor shall comply with State Finance and
				  Procurement Article, § 13 - 221, Annotated Code of Maryland. That section
				  requires a business to file with the Secretary of State of Maryland certain
				  specified information, including disclosure of beneficial ownership of the
				  business, within 30 days of the date the aggregate value of any contracts,
				  leases, or other agreements that the business enters into with the State of
				  Maryland or its agencies during a calendar year reaches $200,000
				  ."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.08 - Political Contribution Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
The Contractor shall comply with the political contribution
				  reporting requirements to which the contractor may be subject under Election
				  Law Article, Title 14, Annotated Code of Maryland. That title includes
				  requirements for persons making or having a single contract with a single
				  governmental entity involving cumulative consideration of at least $200,000 to
				  file certain statements with the State Board of Elections both before the
				  execution of such contracts by that governmental entity and periodically
				  thereafter; and further requires the governmental entity to require such
				  persons to certify that they have filed such statements . Additional
				  information is available on the State Board of Election website
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.09 - Anti-Bribery

Current through Register Vol. 51, No. 14, July 12, 2024
"The Contractor warrants that neither it nor any of its
				  officers, directors, or partners nor any of its employees who are directly
				  involved in obtaining or performing contracts with any public body has been
				  convicted of bribery, attempted bribery, or conspiracy to bribe under the laws
				  of any state or of the federal government or has engaged in conduct since July
				  1, 1977, which would constitute bribery, attempted bribery, or conspiracy to
				  bribe under the laws of any state or the federal government."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.10 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
"Pursuant to §7-201 et seq. of the Corporations and
				  Associations Article of the Annotated Code of Maryland, corporations not
				  incorporated in the State shall be registered with the State Department of
				  Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201,
				  before doing any interstate or foreign business in this State. Before doing any
				  intrastate business in this State, a foreign corporation shall qualify with the
				  Department of Assessments and Taxation."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.11 - Contingent Fees

Current through Register Vol. 51, No. 14, July 12, 2024
"The Contractor warrants that it has not employed or retained
				  any person, partnership, corporation, or other entity, other than a bona fide
				  employee or agent working for the Contractor, to solicit or secure this
				  agreement, and that it has not paid or agreed to pay any person, partnership,
				  corporation, or other entity, other than a bona fide employee or agent, any fee
				  or any other consideration contingent on the making of this
				  agreement."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.12 - EPA Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
"Materials, supplies, equipment, or services shall comply in
				  all respects with the Federal Noise Control Act of 1972, where
				  applicable."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.13 - Occupational Safety and Health Act (O.S.H.A.)

Current through Register Vol. 51, No. 14, July 12, 2024
"All materials, supplies, equipment, or services supplied as
				  a result of this contract shall comply with the applicable U. S. and Maryland
				  Occupational Safety and Health Act standards."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.14 - Termination for Convenience

Current through Register Vol. 51, No. 14, July 12, 2024
"Upon written notice to the Contractor, the State may
				  terminate this contract, in whole or in part, whenever the State shall
				  determine that such termination is in the best interest of the State. The State
				  shall pay all reasonable costs incurred up to the date of termination and all
				  reasonable costs associated with termination of the contract. However, the
				  Contractor may not be reimbursed for anticipatory profits. Termination
				  hereunder, including the determination of the rights and obligations of the
				  parties, shall be governed by the provisions of COMAR
				  21.07.01.12A(2)."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.15 - Termination for Default

Current through Register Vol. 51, No. 14, July 12, 2024
"When the Contractor has not performed or has
				  unsatisfactorily performed the contract, payment shall be withheld at the
				  discretion of the State. Failure on the part of a Contractor to fulfill
				  contractual obligations shall be considered just cause for termination of the
				  contract and the Contractor is not entitled to recover any costs incurred by
				  the Contractor up to the date of termination. Termination hereunder, including
				  the determination of the rights and obligations of the parties, shall be
				  governed by the provisions of COMAR
				  21.07.01.11B."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.16 - Disputes

Current through Register Vol. 51, No. 14, July 12, 2024
"This contract shall be subject to the provisions of Title
				  15, Subtitle 2, of the State Finance and Procurement Article of the Annotated
				  Code of Maryland and COMAR 21.10 (Administrative and Civil Remedies). Pending
				  resolution of a claim, the Contractor shall proceed diligently with the
				  performance of the contract in accordance with the procurement officer's
				  decision."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.17 - Multi-Year Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
"If funds are not appropriated or otherwise made available to
				  support continuation in any fiscal year succeeding the first fiscal year, this
				  contract shall terminate automatically as of the beginning of the fiscal year
				  for which funds are not available. The Contractor may not recover anticipatory
				  profits or costs incurred after termination."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.18 - Intellectual Property

Current through Register Vol. 51, No. 14, July 12, 2024
"Contractor agrees to indemnify and save harmless the State,
				  its officers, agents and employees with respect to any claim, action, cost or
				  judgment for patent infringement, or trademark or copyright violation arising
				  out of purchase or use of materials, supplies, equipment or services covered by
				  this contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.19 - Maryland Law Prevails

Current through Register Vol. 51, No. 14, July 12, 2024
"The provisions of this contract shall be governed by the
				  laws of Maryland."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.20 - Contractor's Invoices

Current through Register Vol. 51, No. 14, July 12, 2024
"Contractor agrees to include on the face of all invoices
				  billed to the State, its Taxpayer Identification Number, which is the Social
				  Security Number for individuals and sole proprietors and the Federal Employer
				  Identification Number for all other types of organizations."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.21 - Pre-existing Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
"The regulations set forth in Title 21 of the Code of
				  Maryland Regulations (COMAR Title 21) in effect on the date of execution of
				  this Contract are applicable to this Contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.23 - Indemnification

Current through Register Vol. 51, No. 14, July 12, 2024
"The State shall not assume any obligation to indemnify, hold
				  harmless, or pay attorneys' fees that may arise from or in any way be
				  associated with the performance or operation of this
				  agreement."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.24 - Conflicting Terms

Current through Register Vol. 51, No. 14, July 12, 2024
"Any proposal for terms in addition to or different from
				  those set forth in this purchase order or any attempt by the Contractor to vary
				  any of the terms of this offer by Contractor's acceptance shall not operate as
				  a rejection of this offer, unless such variance is in the terms of the
				  description, quantity, price or delivery schedule, but shall be deemed a
				  material alteration thereof, and this offer shall be deemed acceptable by the
				  Contractor without the additional or different terms. If this purchase order is
				  an acceptance of a prior offer by the Contractor, the acceptance is expressly
				  conditioned upon Contractor's assent to any additional or different terms
				  contained herein. The Contractor understands and agrees that the terms and
				  conditions of this purchase order may not be waived."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.25 - Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
"The contractor warrants that the contractor shall comply
				  with COMAR 21.11.08, and that the contractor shall remain in compliance
				  throughout the term of this purchase order."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.27 - Prompt Payment of Subcontractors

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provisions for all contracts:
A. This contract and all subcontracts issued
				under this contract at any tier are subject to the provisions of State Finance
				and Procurement Article, §
									15-226,
				Annotated Code of Maryland, and COMAR 21.10.08. In §§A-D of this
				regulation, the terms "undisputed amount", "prime contractor", "contractor",
				and "subcontractor" have the meanings stated in COMAR 21.10.08.01.
B. A contractor shall promptly pay its
				subcontractors an undisputed amount to which a subcontractor is entitled for
				work performed under this contract within 10 days after the contractor receives
				a progress payment or final payment for work under this contract.
C. If a contractor fails to make payment
				within the period prescribed in §B of this regulation, a subcontractor may
				request a remedy in accordance with COMAR 21.10.08.
D. A contractor shall include in its
				subcontracts at any tier for work under this contract, wording that
				incorporates the provisions, duties, and obligations of §§A-D of this
				regulation, State Finance and Procurement Article, §
									15-226,
				Annotated Code of Maryland, and COMAR 21.10.08.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.01 - General › Section 21.08.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this subtitle is to:
A. Promote the best interests of the public
				and the State by protecting the integrity of the procurement process;
				and
B. Ensure open competition for
				public contracts and impartial selection of qualified and responsible
				participants in the procurement process.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.01 - General › Section 21.08.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following words have the meanings indicated.
B. Terms Defined.
(1) "Business" means an individual, or a
				corporation, partnership, sole proprietorship, joint venture, or any other
				legal entity through which commercial activity is conducted.
(2) "Contract" means any agreement in any
				form.
(3) "Controlling stockholder"
				means a stockholder who:
(a) Owns more than 25
				percent of the voting shares of a corporation; or
(b) Has the power to direct or control the
				direction of the management or policies of a corporation, regardless of the
				number of shares the stockholder owns.
(4) "Conviction" means a judgment or
				conviction of a criminal offense by any court of competent jurisdiction,
				whether entered upon a verdict or a plea, and includes:
(a) A conviction entered upon an accepted
				plea of nolo contendere; or
(b) The
				imposition of probation before judgment.
(5) "Person" means an individual, or a
				corporation, partnership, sole proprietorship, joint stock company, joint
				venture, unincorporated association, union, committee, club, or other
				organization or legal entity.
(6)
				"Principal" means a person with actual or apparent authority to enter into a
				contract on behalf of a business.
(7) "Public body" means:
(a) The State;
(b) A unit; or
(c) A local governmental entity in the State,
				including a bicounty or multicounty governmental entity.
(8) Unit.
(a) "Unit" means an officer or other entity
				that is in the Executive Branch of the State government and is authorized by
				law to enter into a procurement contract.
(b) "Unit" does not include:
(i) A bistate, multistate, bicounty, or
				multicounty governmental agency; or
(ii) A special tax district, sanitary
				district, drainage district, soil conservation district, water supply district,
				or other political subdivision of the State.
(9) Unsatisfactory Performance.
(a) "Unsatisfactory performance" means
				deficient performance or default, within the preceding 5 years, on one or more
				contracts.
(b) "Deficient
				performance" includes but is not limited to:
(i) Failure to perform in accordance with
				contract specifications or terms and conditions;
(ii) Untimely performance;
(iii) Performance that violates an applicable
				statute, regulation, ordinance, code, or standard of performance in the
				relevant industry.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.01 - General › Section 21.08.01.03 - Public Notice of Suspension and Debarment Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall maintain a list of persons
				that it has suspended or debarred.
B. A list of persons suspended or debarred
				for all or any portion of the fiscal year, including a summary of the scope of
				the suspension or debarment, shall be published in eMaryland Marketplace
				annually and shall be maintained in an electronic media accessible to the
				public.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.02 - Suspension › Section 21.08.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the
				institution of debarment proceedings under COMAR 21.08.04, and before a final
				decision on debarment, 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 State Finance and Procurement Article, §
										16-202,
				Annotated Code of Maryland, and COMAR
				21.08.03.01B or
				.02; or
(2) Being considered for
				the award of, being awarded, or performing a contract with the State if the
				debarment proceedings are instituted under State Finance and Procurement
				Article, §
										16-203,
				Annotated Code of Maryland, and COMAR
				21.08.03.03B.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.02 - Suspension › Section 21.08.02.02 - Suspension of Businesses by Operation of Law

Current through Register Vol. 51, No. 14, July 12, 2024
A. A business is suspended to the same extent
				that a person is suspended if the person is:
(1) An officer, director, controlling
				shareholder, or partner of the business; or
(2) An employee of the business directly
				involved in the process of obtaining contracts with the State or public
				bodies.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.02 - Suspension › Section 21.08.02.03 - Scope of Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				time of suspension the Board may:
(1) Exercise
				or direct the exercise of the State's right to terminate any existing State
				contract with the person; or
(2)
				Prohibit any modification, extension, or renewal of any existing State contract
				with the person.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.01 - Debarment of Persons by Operation of Law from Contracts with Public Bodies

Current through Register Vol. 51, No. 14, July 12, 2024
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 of any of the
				following offenses, committed in furtherance of obtaining a contract with a
				public body:
(1) Bribery;
(2) Attempted bribery; or
(3) Conspiracy to bribe.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.02 - Debarment of Persons for Cause from Contracts with Public Bodies

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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 of any of the following offenses, committed other than in furtherance of
				obtaining a contract with any public body:
(a) Bribery,
(b) Attempted bribery, or
(c) Conspiracy to bribe;
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.03 - Debarment of Persons for Cause from State Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may be
				debarred from entering into a contract with the State if that person or any of
				its officers, partners, controlling stockholders, principals, or other persons
				substantially involved in its contracting activities has been:
(1) Convicted under any state or federal law
				of a criminal offense, other than bribery, incident to obtaining, attempting to
				obtain, or performing a public or private contract;
(2) Convicted under any state or federal law
				of fraud, embezzlement, theft, forgery, falsification or destruction of
				records, or receiving stolen property;
(3) Convicted of a criminal violation of a
				state or federal antitrust statute;
(4) Convicted of a violation of the Racketeer
				Influenced and Corrupt Organization Act,
				18 U.S.C. §
											1961 et seq., or the Mail Fraud Act,
				18 U.S.C. §
											1341 et seq., for acts in connection with the
				submission of bids or proposals for a public or private contract;
(5) Convicted under State Finance and
				Procurement Article, §
										14-308,
				Annotated Code of Maryland;
(6)
				Convicted under State Finance and Procurement Article, §
										11-205.1,
				Annotated Code of Maryland;
(7)
				Convicted of a conspiracy to commit any act or omission that would constitute
				grounds for conviction or liability under any law described in §A(1)-(6)
				of this regulation;
(8) Found
				civilly liable under state or federal antitrust statutes for acts or omissions
				in connection with the submission of bids or proposals for a public or private
				contract;
(9) Debarred from federal
				contracts under the Federal Acquisition Regulation, as provided in 48 CFR
				Chapter 1, or Federal Executive Order 11246, as amended, due to discriminatory
				hiring practices in the State;
(10)
				Been found in a final adjudicated decision to have violated the Commercial
				Nondiscrimination Policy under State Finance and Procurement Article, Title 19,
				Annotated Code of Maryland, with regard to a public or private contract;
				or
(11) Been found to have
				willfully or knowingly violated State Government Article, Title 20, Subtitle 6,
				Annotated Code of Maryland, if the finding was made by a court and the decision
				of the court became final, or the finding was made in a contested case under
				the Administrative Procedure Act and the finding was not overturned on judicial
				review.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.04 - Debarment of Businesses by Operation of Law

Current through Register Vol. 51, No. 14, July 12, 2024
A. A business is debarred to the same extent
				that a person is debarred if the person is:
(1) An officer, director, controlling
				shareholder, or partner of the business; or
(2) An employee of the business directly
				involved in the process of obtaining contracts with public bodies.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.05 - Initiation of Debarment

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				Board receives information pursuant to State Finance and Procurement Article,
				§
									16-302,
				Annotated Code of Maryland, or otherwise is advised of information reasonably
				believed to constitute possible grounds for debarment of a person, the Board
				shall refer that information to the Attorney General.
B. If the Attorney General receives
				information from the Board or otherwise that the Attorney General believes
				constitutes possible grounds for debarment of a person, the Attorney General
				shall investigate the information. If the Attorney General determines that a
				reasonable basis for the initiation of debarment proceedings exists, the
				Attorney General may institute debarment proceedings by filing an
				administrative complaint with the Board setting out:
(1) The name of the person or persons to be
				debarred;
(2) The conduct for which
				the person or persons should be debarred;
(3) The grounds for debarment.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.06 - Suspension Pending Disbarment

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				At any time before a final decision on debarment is made, the Attorney General
				may recommend that the Board immediately suspend the person pending possible
				debarment.
B. After considering the
				recommendation of the Attorney General, and any other pertinent information,
				the Board shall determine whether immediate suspension of the person is
				warranted pending the outcome of the debarment proceedings.
C. If the Board determines that the Attorney
				General has a reasonable basis for beginning debarment proceedings, the Board
				may suspend the person pending the outcome of the proceedings.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.03 - Debarment › Section 21.08.03.07 - Agreements Relating to Debarment

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any time before a debarment, a person
				may enter into an agreement with the Attorney General relating to debarment of
				the person.
B. If an agreement is
				reached between the Attorney General and the person, the Attorney General shall
				present the agreement to the Board, together with any written comments of
				affected Department heads or their designees concerning the
				agreement.
C. The Board may accept
				or reject the agreement between the Attorney General and the person or may
				defer decision until after the receipt of such additional information as may be
				requested by the Board or its designee.
D. Acceptance of Debarment Agreement.
(1) Any agreement between the Attorney
				General and a person relating to debarment is not binding upon the State unless
				the Board accepts the agreement.
(2) If the Board accepts the agreement, the
				Board's acceptance shall constitute the Board's decision on debarment in the
				same manner and having the same effect as if there had been debarment
				proceedings pursuant to State Finance and Procurement Article, Title 16,
				Annotated Code of Maryland, and COMAR 21.08.04.
(3) If the Board rejects the agreement, the
				agreement may not be considered as an admission by the person in any subsequent
				debarment proceedings.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.04 - Proceedings › Section 21.08.04.01 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
Within a reasonable time after the receipt of the
				  administrative complaint, the Board shall provide written notice by First Class
				  mail to the person and by publication in eMaryland Marketplace
				  indicating:
A. The commencement of
				debarment proceedings pursuant to State Finance and Procurement Article, Title
				16, Annotated Code of Maryland, and this chapter;
B. The effective date of any suspension and
				that any suspension is for a temporary period pending the completion of
				debarment proceedings;
C. The
				grounds for suspension and possible debarment;
D. The effect of suspension and possible
				debarment;
E. The person's right to
				request a hearing on suspension and possible debarment by written communication
				received by the Board within 30 days after the person receives the notice and
				that the request shall include response to the administrative
				complaint;
F. The person's right to
				be represented by counsel at the hearing; and
G. That the failure to request a hearing
				shall waive the person's right to a hearing and result in debarment.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.04 - Proceedings › Section 21.08.04.02 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				fails to make a timely request for a hearing:
(1) Waives the right to a hearing and to any
				subsequent appeal; and
(2) Is
				debarred.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.04 - Proceedings › Section 21.08.04.03 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				administrative law judge shall issue a proposed decision containing findings of
				fact and conclusions of law within 90 days after the hearing.
B. The administrative law judge shall send
				the proposed decision, by certified mail, to the Attorney General and the
				persons subject to debarment and shall notify these parties that oral argument
				may be requested before the Board by any party adversely affected by the
				proposed decision.
C. Within 15
				days after receipt of the proposed decision, a party adversely affected by the
				proposed decision may file written exceptions to the proposed decision and may
				request oral argument before the Board as follows:
(1) A party that files written exceptions to
				the proposed decision or requests oral argument before the Board shall include
				in the exceptions or request precise references to those sections of the record
				that the party wishes the Board to review.
(2) References to the record, other than any
				transcript of testimony, shall be indicated as "R . . . ", and references to
				any transcript of testimony as contained in the record shall be indicated as "T
				. . . ".
(3) If a party fails to
				provide the references specified in §C(2) of this regulation, the Board
				may dismiss any request for oral argument and may base its review of the
				proposed decision on whatever portion of the record it considers
				appropriate.