Sec. 11B-51. Illegal gifts and kickbacks.
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.