<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 21.05.08.08" title_num="21" subtitle_num="05" chapter_num="08" heading="Conflict of Interest.">
  <paragraph num="A.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>In this regulation, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Terms Defined.</text>
      <paragraph num="(a)">
        <text>“Conflict of interest” means that, because of other activities or relationships with other persons:</text>
        <paragraph num="(i)">
          <text>A person is unable or potentially unable to render impartial assistance or advice to the State;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The person's objectivity in performing the contract work is or might be otherwise impaired; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A person has an unfair competitive advantage.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Person.</text>
        <paragraph num="(i)">
          <text>“Person” has the meaning stated in COMAR 21.01.02.01B(64).</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>“Person” includes a bidder, offeror, contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent or any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A solicitation that will result in the selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of a State contract shall provide notice of the requirements of State Finance and Procurement Article, §13-212.1, Annotated Code of Maryland, and this regulation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If the procurement officer makes a determination before award that facts or circumstances exist giving rise or which could in the future give rise to a conflict of interest, the procurement officer may reject a bid or offer under COMAR 21.06.02.03B.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Termination.</text>
    <paragraph num="(1)">
      <text>After award, the State may terminate the contract, in whole or in part, if it considers termination necessary to avoid an actual or potential conflict of interest.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the contractor knew or reasonably could have been expected to know of an actual or potential conflict of interest before or after award and did not disclose it or misrepresented relevant information to the procurement officer, the State may terminate the contract for default, institute proceedings to debar the contractor from further State contracts, or pursue other remedies as may be permitted by law or the contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A conflict of interest may be waived if the procurement officer, with approval of the agency head, determines that waiver is in the best interest of the State. The determination shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A bidder or offeror responding to a solicitation that will result in the selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract shall provide the affidavit and disclosures set forth in §G of this regulation to the procurement officer with the bid or offer and at other times as may be required by the procurement officer.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The affidavits and disclosures required by §F of this regulation shall be in substantially the same form as follows:</text>
  </paragraph>
</regulation>