§ 10A-148. Debarment; suspension of bidders and offerors.

(a)

The Purchasing Agent shall establish regulations and procedures for the debarment and suspension pending a final determination on debarment of any person who has:

(1)

Obtained any contract in violation of any provision of this Code or the Laws of the State of Maryland or the United States of America, the District of Columbia, any State, or any United States Territory;

(2)

Obtained payment for services not provided or goods not provided to the County on the basis of a false claim;

(3)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland for the offense of bribery, attempted bribery, or conspiracy to bribe in furtherance of obtaining a contract with the State of Maryland or any of its subdivisions based upon acts committed after July 1, 1977, under the provisions of Article 27 of the Annotated Code of Maryland;

(4)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland for the offense of bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated Code of Maryland;

(5)

During the course of an official investigation or other proceeding has admitted, in writing or under oath, acts or omissions which would constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated Code of Maryland;

(6)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for the offense of bribery, attempted bribery, or conspiracy to bribe under the laws of another state, the District of Columbia, U.S. Territory, or the Federal statute;

(7)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute of a criminal offense incident to obtaining, or attempting to obtain, or performing a public or private contract under any state, the District of Columbia, U.S. Territory, or Federal statute;

(8)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for the offense of fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property under any state, the District of Columbia, U.S. Territory, or Federal statute;

(9)

Been found civilly liable under any state, the District of Columbia, or Federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(10)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for any violation of a state, District of Columbia, or Federal antitrust statute;

(11)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for violation of any provision of the Racketeer Influence and Corrupt Organization Act, Title 18, United States Code, Sections 1961 et seq., or the Mail Fraud Act, Title 18, United States Code, Sections 1341 et seq., for acts arising out of the submission of bids or proposals for a public or private contract;

(12)

Been convicted of, plead nolo contendere to, or been sentenced pursuant to Article 27, Section 641, of the Annotated Code of Maryland or other comparable State, Federal, U.S. Territory, or District of Columbia statute for the offense of conspiracy to commit any act or omission which would constitute grounds for conviction or liability under any statute described in paragraph (7), (8), (10), or (11);

(13)

Admitted, in writing or under oath, during the course of an official investigation, or other proceeding, acts or omissions which would constitute grounds for conviction or liability under any statute described in paragraphs (7) through (11);

(14)

Committed any improper conduct or has otherwise willfully violated this Subtitle; or

(15)

Done any other act which, under any County, State, the District of Columbia, or Federal law, bars the person from the award of any contract with any County, State, or Federal agency.

(b)

Unless otherwise prescribed by any applicable law, a debarment under this Section shall be effective for a period generally not to exceed five (5) years commencing upon the date written findings are made by the Purchasing Agent regardless of subsequent changes in the person's status. In the event that the person is not a natural person, the officers, directors, partners, or owners of the firm and any firm controlled or managed by them shall also be barred from award of any County contract or participation in any contract awarded by the County during the applicable period.

(c)

Pending a final determination as to whether debarment is to occur or the investigation or prosecution of any act alleged to give rise to the right of the Purchasing Agent to debar a prospective bidder or offeror or contractor, the Purchasing Agent may suspend the person for a period of time not to exceed six (6) months or such greater period as may be certified to the Purchasing Agent by the investigating or prosecuting agency as required to complete the investigation or prosecution.

(CB-1-1992; CB-74-2016)