Article XII. Ethics in Public Contracting.
Montgomery County, Md., Code § 11B-50 (2026)
Sec. 11B-50. Reporting of suspected collusive bidding or negotiation.LinkCopy Citation
(a)
Notification to the County Attorney. When for any reason collusion is suspected among any bidders or offerors, a written notice of such suspicion must be transmitted by the Director to the County Attorney.
(b)
Retention of all documents. All documents involved in any procurement in which collusion is suspected must be retained until the County Attorney gives notice that they may be destroyed. All retained documents must be made available to the County Attorney or designee upon request.
Montgomery County, Md., Code § 11B-51 (2026)
Sec. 11B-51. Illegal gifts and kickbacks.LinkCopy Citation
(a)
Gifts. A bidder, offeror, or contractor must not make or offer to make a gift to a public employee which the public employee is prohibited from accepting under Chapter 19A.
(b)
Kickbacks.
(1)
In this Chapter, a kickback means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a prime contractor, a prime contractor employee, a subcontractor, a subcontractor employee, a public employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by the County.
(2)
A person must not:
(A)
provide, attempt to provide, or offer to provide a kickback;
(B)
solicit, accept, or attempt to accept a kickback;
(C)
include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the contractor, or by the prime contractor in the price charged by the prime contractor, to the County; or
(D)
claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.
(3)
The Director may offset the amount of a kickback from any sum owed to the prime contractor by the County.
Montgomery County, Md., Code § 11B-52 (2026)
Sec. 11B-52. Ethics; Contractor conduct.LinkCopy Citation
(a)
Unless authorized by law or the Ethics Commission under Chapter 19A, a person while engaged in a procurement matter with the County must not employ or offer to employ a public employee if the duties of the public employee include significant participation in the procurement matter. Public employee, employ, and significant participation, as used in this section, are defined in Chapter 19A.
(b)
A contractor providing an analysis or recommendation to the County concerning a particular matter must not, without first obtaining the written consent of the Chief Administrative Officer:
(1)
assist:
(A)
another party in the matter; or
(B)
another person if the person has a direct and substantial interest in the matter; or
(2)
seek or obtain an economic benefit from the matter in addition to payment to the contractor by the County.
(c)
A contractor must not use confidential information obtained in relation to performing a contract except as expressly authorized in the contract or by the Chief Administrative Officer.
(d)
If, the Chief Administrative Officer, after finding that the action would not impair the public interest, consents to any action under subsections (b) or (c), the Chief Administrative Officer must promptly notify the Ethics Commission.
Montgomery County, Md., Code § 11B-53 (2026)
Sec. 11B-53. Prohibited contingent fees.LinkCopy Citation
(a)
A person must not retain another to secure a contract from the County under an agreement that in exchange for the contract, the person will pay another a commission, percentage of the contract, or a contingent fee.
(b)
This Section does not apply to:
(1)
a bona fide employee or commercial selling agency retained by the person for the purpose of securing business; or
(2)
an attorney rendering professional legal services consistent with applicable canons of ethics.
Montgomery County, Md., Code § 11B-54 (2026)
Sec. 11B-54. Civil remedies against those who violate ethical standards.LinkCopy Citation
(a)
Any civil and administrative remedies for violations of ethical standards which are codified elsewhere in this Code are not impaired.
(b)
The value of anything received by any person for a violation of the ethical standards contained in this Article or in any regulations are recoverable from the person by the County by setoff, attachment, garnishment, or other appropriate legal action.
(c)
If a person makes a kickback in connection with the award of a contract, subcontract or order, the County is entitled to presume conclusively that the amount of the kickback was included in the price of the contract, subcontract, or order and ultimately borne by the County. The amount of the kickback may be recovered from the:
(1)
recipient; or
(2)
person making the kickback.
Montgomery County, Md., Code § 11B-55 (2026)
Sec. 11B-55. Penalties.LinkCopy Citation
(a)
Any criminal penalties for violations of ethical standards codified elsewhere in this Code are not impaired.
(b)
Any person who violates, or solicits the violation of, any of the provisions of this Article is subject to punishment for a class A violation.
(c)
Following a final criminal conviction of a public employee or appointed official for violation of a provision of this Article, the appointing authority must dismiss the convicted public employee or appointed official. Pending completion of any criminal proceedings, the appointing authority may suspend, with or without pay, the accused public employee or appointed official.