<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 21.11.08.03" title_num="21" subtitle_num="11" chapter_num="08" heading="Responsibility Determination.">
  <paragraph num="A.">
    <text>A bidder or offeror, other than an individual, may not be considered a responsible source for a procurement contract unless the bidder or offeror has certified, pursuant to COMAR 21.05.08.07B, that the bidder or offeror will provide a drug and alcohol free workplace by:</text>
    <paragraph num="(1)">
      <text>Maintaining a workplace free of drug and alcohol abuse during the term of the contract;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the contractor's workplace, and specifying the actions that will be taken against employees for violation of these prohibitions;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Prohibiting its employees from working under the influence of drugs or alcohol;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Refusing to hire or assign to work on the contract anyone whom the contractor knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Promptly informing the appropriate law enforcement agency of each drug-related crime that occurs in its workplace, if the contractor has observed the violation or otherwise has reliable information that a violation has occurred;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Establishing drug and alcohol abuse awareness programs to inform its employees about:</text>
      <paragraph num="(a)">
        <text>The dangers of drug and alcohol abuse in the workplace,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The contractor's policy of maintaining a drug and alcohol free workplace,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any available drug or alcohol counseling, rehabilitation, and employee assistance programs, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Providing all employees engaged in the performance of a procurement contract with a copy of the statement required by §A(2), above;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Notifying employees in the statement required by §A(2), above, that as a condition of continued employment on the procurement contract, the employee shall:</text>
      <paragraph num="(a)">
        <text>Abide by the terms of the statement, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Notifying the procurement officer within 10 days after receiving notice under §A(8)(b), above, or otherwise receiving actual notice of a conviction;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Within 30 days after receiving notice under §A(8)(b), above, or otherwise receiving actual notice of a conviction, imposing one or more of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:</text>
      <paragraph num="(a)">
        <text>Taking appropriate personnel action against an employee, up to and including termination, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Requiring an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>Making a good faith effort to maintain a drug and alcohol free workplace through implementation of §A(1)—(10), above.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An individual may not be considered a responsible bidder or offeror for a procurement contract unless that individual certifies, pursuant to COMAR 21.05.08.07B, that the individual will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the procurement contract.</text>
  </paragraph>
</regulation>