# Part II – Offenses Subject to Debarment

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 40-5 Automatic debarment for certain bribery offenses.

Balt., Md., Code art. 5, § 40-5 (2026)

A person is debarred by operation of law from entering into a contract with the City if the person has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract with a public body.

*History: Ord. 00-005*

## § 40-6 Other bribery offenses.

Balt., Md., Code art. 5, § 40-6 (2026)

The Board may debar a person from entering into a contract with the City, if the person:

(1) has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed other than in furtherance of obtaining a contract with a public body;

(2) has been convicted under the laws of another state of bribery, attempted bribery, or conspiracy to bribe; or

(3) during the course of an official investigation or other proceeding, has admitted, in writing or under oath, an act or omission that would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of this State, another state, or the United States.

*History: Ord. 00-005*

## § 40-7 Violations of other laws.

Balt., Md., Code art. 5, § 40-7 (2026)

(a) The Board may debar a person from entering into a contract with the City if that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities:

  (1) has been convicted under the laws of the City, this State, another state, or the United States of:

    (i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

    (ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;

  (2) has been convicted of a criminal violation of an antitrust statute of this State, another state, or the United States;

  (3) has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract;

  (4) has been convicted of a violation of Title 14 {“Preferences”}, Subtitle 3 {“Minority Business Participation”} of the State Finance and Procurement Article;

  (5) has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in paragraphs (1) through (5) of this subsection;

  (6) has been found civilly liable under an antitrust statute of this State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or

  (7) has been found in a final administrative determination to have violated the City’s Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of <cite data-path="|5">this article</cite>.

(b) The Board may debar a person from entering into a contract with the City if, during the course of an official investigation or other proceeding, that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities has admitted, in writing or under oath, an act or omission that constitutes grounds for conviction or liability under any law described in subsection (a) of this section.

*History: Ord. 00-005*

*History: Ord. 06-186*

## § 40-8 Other events.

Balt., Md., Code art. 5, § 40-8 (2026)

The Board may debar a person from entering into a contract with the City:

(1) if the Board finds that the person was established or operates in a way designed to evade the application of this subtitle or to defeat the purpose of this subtitle;

(2) if the person is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended;

(3) for one of the following violations of a contract provision, if the Board believes the violation to be serious enough to justify debarment:

  (i) the deliberate failure to perform in accordance with the specifications or within the time limits provided in a contract; or

  (ii) within the preceding 5 years, the failure to perform or the unsatisfactory performance in accordance with the terms of 1 or more contracts, unless the failure to perform or unsatisfactory performance was caused by acts beyond the control of the person; or

(4) for any other cause that the Board determines to be so serious as to affect the integrity of the procurement process.

*History: Ord. 00-005*