Md. Code Regs. 21.03.01.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.03.01.03 - Contracts Voidable for Noncompliance

A. The Board may determine that a void procurement contract is voidable if the Board determines that:

(1) All parties have acted in good faith;

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

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

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

(1) May ratify the contract if the procurement agency determines that ratification is in the best interest of the State; or

(2) May void the contract and award the contractor compensation for actual expenses reasonably incurred under the contract, plus a reasonable profit.

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

(1) May void the contract; or

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

Md. Code Regs. 21.03.01.03

Regulations .03 effective 41:8 Md. R. 473, eff.4/28/2014