<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Part II – Offenses Subject to Debarment">
  <section prefix="§" num="40-5" heading="Automatic debarment for certain bribery offenses.">
    <text>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.</text>
    <annotation type="History">Ord. 00-005</annotation>
  </section>
  <section prefix="§" num="40-6" heading="Other bribery offenses.">
    <text>The Board may debar a person from entering into a contract with the City, if the person:</text>
    <para num="(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;</para>
    <para num="(2)">has been convicted under the laws of another state of bribery, attempted bribery, or conspiracy to bribe; or</para>
    <para num="(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.</para>
    <annotation type="History">Ord. 00-005</annotation>
  </section>
  <section prefix="§" num="40-7" heading="Violations of other laws.">
    <para num="(a)" heading="Judgments.">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:<para num="(1)">has been convicted under the laws of the City, this State, another state, or the United States of:<para num="(i)">a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or</para>
        <para num="(ii)">fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;</para>
      </para>
      <para num="(2)">has been convicted of a criminal violation of an antitrust statute of this State, another state, or the United States;</para>
      <para num="(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;</para>
      <para num="(4)">has been convicted of a violation of Title 14 {“Preferences”}, Subtitle 3 {“Minority Business Participation”} of the State Finance and Procurement Article;</para>
      <para num="(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;</para>
      <para num="(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</para>
      <para num="(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 &lt;cite data-path="|5"&gt;this article&lt;/cite&gt;.</para>
    </para>
    <para num="(b)" heading="Admissions.">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.</para>
    <annotation type="History">Ord. 00-005</annotation>
    <annotation type="History">Ord. 06-186</annotation>
  </section>
  <section prefix="§" num="40-8" heading="Other events.">
    <text>The Board may debar a person from entering into a contract with the City:</text>
    <para num="(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;</para>
    <para num="(2)">if the person is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended;</para>
    <para num="(3)">for one of the following violations of a contract provision, if the Board believes the violation to be serious enough to justify debarment:<para num="(i)">the deliberate failure to perform in accordance with the specifications or within the time limits provided in a contract; or</para>
      <para num="(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</para>
    </para>
    <para num="(4)">for any other cause that the Board determines to be so serious as to affect the integrity of the procurement process.</para>
    <annotation type="History">Ord. 00-005</annotation>
  </section>
</baltimore-city-law>
