Md. Code Regs. 21.11.08.03

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

Section 21.11.08.03 - Responsibility Determination

A. A bidder or offeror, other than an individual, may not be considered a responsible source for a procurement contract unless the bidder or offeror has certified, pursuant to COMAR 21.05.08.07B, that the bidder or offeror will provide a drug and alcohol free workplace by:

(1) Maintaining a workplace free of drug and alcohol abuse during the term of the contract;

(2) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the contractor's workplace, and specifying the actions that will be taken against employees for violation of these prohibitions;

(3) Prohibiting its employees from working under the influence of drugs or alcohol;

(4) Refusing to hire or assign to work on the contract anyone whom the contractor knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(5) Promptly informing the appropriate law enforcement agency of each drug-related crime that occurs in its workplace, if the contractor has observed the violation or otherwise has reliable information that a violation has occurred;

(6) Establishing drug and alcohol abuse awareness programs to inform its employees about:

(a) The dangers of drug and alcohol abuse in the workplace,

(b) The contractor's policy of maintaining a drug and alcohol free workplace,

(c) Any available drug or alcohol counseling, rehabilitation, and employee assistance programs, and

(d) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(7) Providing all employees engaged in the performance of a procurement contract with a copy of the statement required by §A(2), above;

(8) Notifying employees in the statement required by §A(2), above, that as a condition of continued employment on the procurement contract, the employee shall:

(a) Abide by the terms of the statement, and

(b) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(9) Notifying the procurement officer within 10 days after receiving notice under §A(8)(b), above, or otherwise receiving actual notice of a conviction;

(10) Within 30 days after receiving notice under §A(8)(b), above, or otherwise receiving actual notice of a conviction, imposing one or more of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(a) Taking appropriate personnel action against an employee, up to and including termination, or

(b) Requiring an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(11) Making a good faith effort to maintain a drug and alcohol free workplace through implementation of §A(1)-(10), above.

B. An individual may not be considered a responsible bidder or offeror for a procurement contract unless that individual certifies, pursuant to COMAR 21.05.08.07B, that the individual will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the procurement contract.

Md. Code Regs. 21.11.08.03