2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 14-308 - Prohibited acts; penalties

§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 moneys 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 Minority Affairs shall make available a fraud hotline for reporting violations of this section.