Md. Code Regs. 14.13.01.15

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

Section 14.13.01.15 - Contracts Voidable for Noncompliance

A. If the Board determines that a procurement violates this chapter, the Board may determine that the procurement contract is voidable rather than void if the Board finds that:

(1) All parties have acted in good faith;

(2) Ratification of the procurement contract would not undermine the purposes of this chapter; and

(3) The violation, or series of violations, was insignificant or otherwise did not prevent substantial compliance with this chapter.

B. If the Board determines that a procurement contract is voidable under §A of this regulation and that the contractor has not acted in violation of this chapter, the Board may:

(1) Ratify the contract if it determines that ratification is in the best interest of the Authority; or

(2) Void the contract.

C. If the Board determines that a procurement contract is voidable under §A of this regulation and that the contractor has acted in violation of this chapter, the Authority:

(1) May void the contract; or

(2) Without the prejudice to the Authority's right to appropriate damages, may ratify the contract if the Board determines that ratification is in the best interests of the Authority.

Md. Code Regs. 14.13.01.15