Md. Code Regs. 21.11.08.05

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

Section 21.11.08.05 - Remedies

A. Suspension of Contract Payments. After making a determination that adequate evidence to suspect any of the causes in §D, of this regulation, exists, the procurement officer, with the approval of the agency head, the appropriate control agency, and the Office of the Attorney General, may suspend payments under the procurement contract.

B. Contract Termination. After making a determination that any of the causes in §D, of this regulation, exists, the procurement officer, with the approval of the agency head, the appropriate control agency, and the Office of the Attorney General, may terminate the procurement contract for default under COMAR 21.07.01.11 o or 21.07.03.15 o, as applicable.

C. Suspension and Debarment. Upon initiating action under §A or B, of this regulation, the agency head, through the appropriate control agency, shall refer the matter to the Board for suspension and debarment under COMAR 21.08.06.

D. The specific causes for suspension of contract payments, termination of a contract for default, or suspension and debarment are the:

(1) Contractor has submitted a false certification in response to a provision regarding a drug and alcohol free workplace under COMAR 21.05.08.07BB or 21.07.01.25B;

(2) Contractor has failed to comply with its certification under COMAR 21.05.08.07BB or 21.07.01.25B; or

(3) Contractor has failed to make a good faith effort to provide a drug and alcohol free workplace, as evidenced by recurring convictions of the contractor's employees for drug and alcohol offenses occurring in the workplace.

E. A determination under this regulation to suspend contract payments, terminate a contract for default, or refer the matter to the Board for suspension and debarment may be waived by the agency head with the approval of the appropriate control agency and the Office of the Attorney General for a particular contract only if and so long as the waiver is necessary to prevent a severe disruption of the agency's operations or services to the detriment of the State or the public.

Md. Code Regs. 21.11.08.05