- 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 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, 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, 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.
Authority: State Finance and Procurement Article, §§11-205.1, 12-101, and 16-101—16-312; State Government Article, §§10-201—10-217; Annotated Code of Maryland
Effective date:
Regulations .01—.07 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 .01, .05—.07 amended effective January 2, 1983 (9:26 Md. R. 2574)
Chapter revised as an emergency provision effective February 11, 1983 (10:4 Md. R. 314); emergency status extended at 10:8 Md. R. 723 (Emergency regulations are temporary and not printed in COMAR)
Chapter revised as an emergency provision effective April 30, 1983 (10:9 Md. R. 788); adopted permanently effective July 5, 1983 (10:13 Md. R. 1182)
Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)
Regulations .01—.12, Debarment—Statutory Violations, repealed and new Regulations .01—.06, Proceedings, adopted effective August 2, 1993 (20:15 Md. R. 1221)
Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1731); March 15, 2004 (31:5 Md. R. 451); November 7, 2005 (32:22 Md. R. 1759); April 7, 2008 (35:7 Md. R. 751)
Regulation .03H amended effective April 7, 2008 (35:7 Md. R. 751)
Regulation .04 amended effective April 7, 2008 (35:7 Md. R. 751)
Regulation .04E amended effective March 15, 2004 (31:5 Md. R. 451)
Regulation .06 amended effective March 13, 2006 (33:5 Md. R. 523)