# COMAR Title 21 — State Procurement Regulations

## Subtitle 03 — State Procurement Regulations and Contracts

### Chapter 01 — General Regulations

#### Regulation .03 Contracts Voidable for Noncompliance.

*COMAR 21.03.01.03*

A. The Board may determine that a void procurement contract is voidable if the Board determines that:

  (1) All parties have acted in good faith;

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

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

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

  (1) May ratify the contract if the procurement agency determines that ratification is in the best interest of the State; or

  (2) May void the contract and award the contractor compensation for actual expenses reasonably incurred under the contract, plus a reasonable profit.

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

  (1) May void the contract; or

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