2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 11-205 - Collusion


MD State Fin & Pro Code § 11-205 (2013) What's This?

§11-205.

(a) This section is broadly applicable to all procurements by the State.

(b) A person who, for the purpose of defrauding the State, acts in collusion with another person in connection with the procurement process is liable for damages equal to 3 times the value of the loss to the State that is attributable to the collusion.

(c) (1) A procurement officer who has reason to believe that collusion has occurred in connection with the procurement process shall send to the Office of the Attorney General written notice that states the belief and its basis.

(2) The Attorney General may begin an action in the appropriate court for damages under subsection (b) of this section.

(d) (1) If there is reason to believe that collusion has occurred in connection with the procurement process, all relevant documents shall be kept until the Attorney General gives notice that they may be destroyed.

(2) On request by the Office of the Attorney General, relevant documents shall be made available immediately.

§ 11-205 - 1. Falsification, concealment, etc., of material facts

(a) In general. -- In connection with a procurement contract a person may not willfully:

(1) falsify, conceal, or suppress a material fact by any scheme or device;

(2) make a false or fraudulent statement or representation of a material fact; or

(3) use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

(b) Aiding or conspiring with others. -- A person may not aid or conspire with another person to commit an act under subsection (a) of this section.

(c) Penalty. -- A person who violates any provision of this section 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.

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