Md. Code Regs. 21.08.04.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.08.04.04 - Scope of Sanctions

A. If a person is debarred based on grounds set forth in State Finance and Procurement Article, § 16-202, Annotated Code of Maryland, and COMAR 21.08.03.01 a or .02, the person may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with a public body during the period of debarment. Units shall immediately terminate any existing contracts with debarred persons effective on the date of debarment.

B. If a person is debarred based on grounds set forth in State Finance and Procurement Article, § 16-203, Annotated Code of Maryland, and COMAR 21.08.03.03 a, the person may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the State during the period of the debarment. Units shall immediately terminate any existing contracts with debarred persons effective on the date of debarment.

C. If a business is debarred pursuant to State Finance and Procurement Article, § 16-307, Annotated Code of Maryland, and COMAR 21.08.03.04 a, as a result of the debarment of an officer, director, controlling shareholder, partner, or employee directly involved in its contracting activities, the debarment of the business shall be coextensive with that of the officer, director, controlling shareholder, partner, or employee directly involved in its contracting activities.

D. In determining the scope or period of a person's debarment, the Board may impose such conditions on the person's State contract related activities as the Board considers appropriate, including, for example, and not by limitation, a deferred debarment date to give agencies sufficient time to transition to new contractors and appropriate monitoring of the person's current or future contracting activities with the State. If the Board does not specify a period of debarment, the time period of a debarment is indefinite.

Md. Code Regs. 21.08.04.04

Regulations .04 adopted as an emergency provision effective July 28, 1982 (9:17 Md. R. 1701); emergency status extended at 9:20 Md. R. 1980; adopted permanently effective October 25, 1982 (9:21 Md. R. 2107)
Regulations .04, Proceedings, adopted effective August 2, 1993 (20:15 Md. R. 1221)
Regulation .04 amended effective April 7, 2008 (35:7 Md. R. 751)
Regulation .04E amended effective March 15, 2004 (31:5 Md. R. 451)