{"data":{"id":"us-md/md.-code-state-finance-and-procurement-11-204","jurisdiction":"us-md","citation":"Md. Code, State Finance and Procurement § 11–204","heading":"","body":"(a) A unit may not enter into a procurement contract except as allowed under this Division II.\n(b) (1) Except as otherwise provided in this Division II, if a procurement violates this Division II, the procurement contract is void.\n(2) Whenever a procurement contract is void under this subsection, the contractor shall be awarded compensation for actual expenses reasonably incurred under the procurement contract, plus a reasonable profit, if the contractor:\n(i) acted in good faith;\n(ii) did not directly contribute to a violation of this Division II; and\n(iii) had no knowledge of the violation before the procurement contract was awarded.\n(c) (1) Whenever a procurement violates this Division II, the Board may determine that the procurement contract is voidable, rather than void, if the Board determines that:\n(i) all parties acted in good faith;\n(ii) ratification of the procurement contract would not undermine the purposes of this Division II; and\n(iii) the violation or series of violations was insignificant or otherwise did not prevent substantial compliance with this Division II.\n(2) Whenever a procurement contract is voidable under this subsection and the contractor has not acted in violation of this Division II, the unit may:\n(i) ratify the procurement contract if the unit determines that ratification is in the best interests of the State; or\n(ii) void the procurement contract and award the contractor compensation for actual expenses reasonably incurred under the contract, plus a reasonable profit.\n(3) Whenever a procurement contract is voidable under this subsection and the contractor has acted in violation of this Division II, the unit:\n(i) may void the procurement contract; or\n(ii) without prejudice to the State’s right to appropriate damages, may ratify the procurement contract if the unit determines that ratification is in the best interests of the State.","path":["Article - State Finance and Procurement"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf\u0026section=11-204","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:48Z","sha256":"cddbe53ba820c369de219536f6dc805c1ef7db1522120e5f5ed68811473843f8","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-finance-and-procurement-11-203","next":"us-md/md.-code-state-finance-and-procurement-11-205"},"notice":"GroundRules: Original legal text. Not legal advice."}
