# COMAR Title 14 — Independent Agencies

## Subtitle 13 — Northeast Maryland Waste Disposal Authority

### Chapter 01 — Procurement Procedures

#### Regulation .15 Contracts Voidable for Noncompliance.

*COMAR 14.13.01.15*

A. If the Board determines that a procurement violates this chapter, the Board may determine that the procurement contract is voidable rather than void if the Board finds that:

  (1) All parties have acted in good faith;

  (2) Ratification of the procurement contract would not undermine the purposes of this chapter; and

  (3) The violation, or series of violations, was insignificant or otherwise did not prevent substantial compliance with this chapter.

B. If the Board determines that a procurement contract is voidable under §A of this regulation and that the contractor has not acted in violation of this chapter, the Board may:

  (1) Ratify the contract if it determines that ratification is in the best interest of the Authority; or

  (2) Void the contract.

C. If the Board determines that a procurement contract is voidable under §A of this regulation and that the contractor has acted in violation of this chapter, the Authority:

  (1) May void the contract; or

  (2) Without the prejudice to the Authority's right to appropriate damages, may ratify the contract if the Board determines that ratification is in the best interests of the Authority.