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Statutes Text

Article - State Finance and Procurement




§14–308.

    (a)    (1)    A person may not:

            (i)    fraudulently obtain, hold, or attempt to obtain or hold certification;

            (ii)    aid another person in performing an act prohibited under item (i) of this paragraph;

            (iii)    willfully obstruct, impede, or attempt to obstruct or impede a State official or employee investigating the qualifications of a business entity that has requested certification;

            (iv)    fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money to which the person is not entitled under this subtitle; or

            (v)    in any minority business enterprise matter administered under this subtitle:

                1.    willfully falsify, conceal, or cover up a material fact by any scheme or device;

                2.    make a false or fraudulent statement or representation; or

                3.    use a false writing or document that the person knows to contain a false or fraudulent statement or entry.

        (2)    Except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

            (i)    fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority business enterprise in its bid or proposal;

            (ii)    fail to notify the certified minority business enterprise before execution of the contract of its inclusion of the bid or proposal;

            (iii)    fail to use the certified minority business enterprise in the performance of the contract; or

            (iv)    pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

        (3)    A person who violates any provision of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.

    (b)    (1)    A person may not make a false statement about whether an entity has certification.

        (2)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

    (c)    The Governor’s Office of Small, Minority, and Women Business Affairs shall make available a fraud hotline for reporting violations of this section.



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