Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY
Chapter 14.13.01 - Procurement Procedures
Section 14.13.01.15 - Contracts Voidable for Noncompliance
Universal Citation: MD Code Reg 14.13.01.15
Current through Register Vol. 51, No. 26, December 27, 2024
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.
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