Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS
Chapter 21.03.01 - General Regulations
Section 21.03.01.03 - Contracts Voidable for Noncompliance
Universal Citation: MD Code Reg 21.03.01.03
Current through Register Vol. 51, No. 19, September 20, 2024
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.
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