# State Finance and Procurement (GSF)

## Title 12. Organization and Supervision of State Procurement

### Subtitle 5. Disclosure Requirements Regarding Involvement in Deportations

#### Section 12-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Direct involvement in the deportation of victims" means ownership or operation of the trains on which individuals were transported to extermination camps, death camps, or any facility used to transition individuals to extermination camps or death camps, during the period beginning on September 1, 1939, and ending on September 2, 1945.

(c) "Entity" means:

  (1) a corporation, affiliate, or other similar organization or a successor in interest of the corporation, affiliate, or similar organization that controls, or is controlled or owned or partially owned by or under common control with, a corporation that had direct involvement in the deportation of victims; or

  (2) a member of a partnership or a consortium that includes an entity that certifies that it had direct involvement in the deportation of victims.

(d) "MARC" means the Maryland Area Regional Commuter.

(e) "Process of assembling the records" means to:

  (1) organize, digitize, and make records available to the public in an Internet accessible, electronic format that is searchable and analyzable; and

  (2) prepare to submit the information described in Sec. 12-507 of this subtitle to the State Archivist.

(f)

  (1) "Property" means any personal belongings owned or controlled by victims.

  (2) "Property" includes:

    (i) jewelry;

    (ii) books;

    (iii) artifacts;

    (iv) precious metals; and

    (v) currency.

(g)

  (1) "Records" means material relating to the deportation of victims.

  (2) "Records" includes:

    (i) documents;

    (ii) correspondence;

    (iii) memoranda;

    (iv) receipts;

    (v) invoices;

    (vi) presentations;

    (vii) audits; and

    (viii) any other materials related to items (i) through (vii) of this paragraph.

(h) "Victim" means an individual who was on an entity's train for the purpose of being transported to an extermination camp, death camp, or a facility used to transition individuals to extermination camps or death camps during the period beginning on September 1, 1939 and ending on September 2, 1945.

#### Section 12-502

For the purposes of this subtitle:

(1) two or more entities shall be considered as the same entity if:

  (i) one entity is a wholly owned subsidiary of the other; or

  (ii) one entity owns or directly or indirectly controls more than 50% of the voting securities of the other entity, regardless of whether the equity interest in that other entity is owned by a foreign government; and

(2) if an equity interest in an entity is or was owned by a foreign government, that equity interest shall be attributed to the entity.

#### Section 12-503

This subtitle applies to an entity that:

(1) had direct involvement in the deportation of victims; and

(2) submits a bid or offer to a unit of State or local government on a procurement contract to provide MARC service that is funded in whole or in part with public funds.

#### Section 12-504

An entity may not be considered a responsible bidder or offeror for a procurement contract to provide MARC service unless the entity complies with the requirements of Sec.Sec. 12-505 through 12-507 of this subtitle.

#### Section 12-505

(a) In conjunction with the submission of a bid or offer on a procurement contract to a unit of State or local government to provide MARC service, an entity shall submit to the unit:

  (1) a statement that the entity had direct involvement in the deportation of victims; and

  (2) an estimated date for completing the process of assembling the records and providing information to the State Archivist in accordance with Sec.Sec. 12-506 and 12-507 of this subtitle.

(b) The entity shall notify the unit of any change in the estimated date that was submitted to the unit in accordance with subsection (a) of this section.

#### Section 12-506

(a) Before a unit of State or local government may award a procurement contract to provide MARC service to an entity subject to this subtitle, the entity shall comply with the provisions of this section for the process of assembling the records related to the deportation of victims.

(b)

  (1) An entity shall contract with an archivist and a historian to conduct an initial analysis of the records.

  (2) The archivist and historian that conduct the initial analysis shall:

    (i) be approved by the State Archivist;

    (ii) be independent of the entity; and

    (iii) conduct the analysis in accordance with the standards of the Society of American Archivists and the Council of State Archivists.

  (3) The initial analysis shall include:

    (i) an inspection of each location in which the entity maintains records that may be related to the deportation of victims; and

    (ii) a report submitted to the State Archivist.

  (4) The initial report submitted to the State Archivist shall include:

    (i) a list of each location inspected and an assessment of whether the location maintains any records;

    (ii) an outline and assessment of the quality of the records;

    (iii) a timeline for the process to assemble the records; and

    (iv) an estimated cost to assemble the records.

(c)

  (1) After the initial analysis is concluded and the State Archivist has approved the initial report in accordance with Sec. 12-508(a)(2)(i) of this subtitle, the entity shall contract with an archivist and a historian to ensure that the process of assembling the records is completed in a manner consistent with:

    (i) the initial report; and

    (ii) the standards of the Society of American Archivists and the Council of State Archivists.

  (2) The archivist and historian contracted with to carry out paragraph (1) of this subsection:

    (i) shall be approved by the State Archivist; and

    (ii) may be the archivist and historian that conducted the initial analysis or another archivist and historian approved by the State Archivist.

(d) After the process of assembling the records is complete, the entity shall provide the information required under Sec. 12-507 of this subtitle to the State Archivist.

#### Section 12-507

Before a unit of State or local government may award a procurement contract to provide MARC service to an entity subject to this subtitle, the entity shall provide the State Archivist with the following information as it relates to the deportation of victims:

(1) a written statement providing:

  (i) whether the entity possesses, has custody of, or controls records relating to the the deportation of victims;

  (ii) each location where the records are maintained; and

  (iii) the contents and addresses of each archive or other facility where the entity maintains records;

(2) a detailed index of the records, including:

  (i) the location of the records and a list of any money received for each deportation, delineated by individual convoys and persons; and

  (ii) an accounting of each piece of property taken or confiscated from each victim;

(3) if the entity no longer has in its custody or control any or all of the property taken or confiscated from each victim, a written description of:

  (i) the time and manner in which the entity disposed of or converted the property;

  (ii) any property currently owned or operated by the entity that was exchanged for the expropriated property;

  (iii) any expropriated property currently owned by the entity or any other property derived from the expropriated property; and

  (iv) any other derivative or traceable property that remains in the entity's possession, custody, or control as a result of its deportations activity; and

(4) a written statement concerning whether the entity has provided restitution or reparations to all identifiable victims of the deportations and, if so stated, a detailed description on how the restitution or reparations apply specifically to the deportation of each victim.

#### Section 12-508

(a) The State Archivist shall:

  (1) approve an archivist and historian to conduct the initial analysis required under Sec. 12-506(b) of this subtitle;

  (2) within 14 days after receiving the initial report submitted in accordance with Sec. 12-506(b) of this subtitle:

    (i) review the report and determine whether, in the professional opinion of the State Archivist, the report is consistent with the standards of the Society of American Archivists and the Council of State Archivists; and

    (ii) approve an archivist and historian that will ensure that the process of assembling the records is completed in a manner consistent with:

      (1) the initial report; and

      (2) the standards of the Society of American Archivists and the Council of State Archivists;

  (3) as needed, provide guidance for and oversight of the process of assembling the records;

  (4) after receiving from an entity the information required under Sec. 12-507 of this subtitle, determine whether, in the professional opinion of the State Archivist:

    (i) the process of assembling the records is complete;

    (ii) the process of assembling the records was completed in a manner consistent with:

      (1) the initial report submitted in accordance with Sec. 12-506(b) of this subtitle; and

      (2) the standards of the Society of American Archivists and the Council of State Archivists; and

    (iii) the information submitted under Sec. 12-507 of this subtitle is as complete and accurate as possible; and

  (5) provide written notice of the determination made under item (4) of this subsection to:

    (i) the entity; and

    (ii) if the State Archivist determines that the entity met the requirements set forth in item (4)(i), (ii), and (iii) of this subsection, to the unit of State or local government awarding the procurement contract to provide MARC service.

(b) The State Archivist may use a designee to carry out any provision of this section.

#### Section 12-509

(a) At least 30 days before awarding a procurement contract on which an entity subject to this subtitle submitted a bid or offer, a unit of State or local government shall publish notice of its intent to award the procurement contract.

(b) A unit of State or local government may not award a procurement contract to provide MARC service to an entity that does not comply with Sec.Sec. 12-505 through 12-507 of this subtitle.

(c) A unit of State or local government may award a procurement contract to provide MARC service to an entity only after the unit receives the notice from the State Archivist in accordance with Sec. 12-508(a)(5) of this subtitle.

(d) Notwithstanding the requirements of this subtitle, a unit of State or local government may award a procurement contract to provide MARC service to a bidder or offeror that is not an entity subject to the requirements of this subtitle.

#### Section 12-510

An entity awarded a procurement contract to provide MARC service in accordance with Sec. 12-509(c) of this subtitle is considered to have satisfied the requirements of Sec.Sec. 12-505 through 12-507 of this subtitle for all future procurement contracts to provide MARC service.

#### Section 12-511

The entity or any other bidder or offeror for a procurement contract to provide MARC service may not submit a protest under Sec. 15-217 of this article relating to the requirements of this subtitle.

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Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)