§ 13-222. Payment of taxes, unemployment insurance contributions, reimbursement payments, and interest; sales and use tax licenses

   (a) Certification by bidder or offeror. -- For a State procurement contract for $ 10,000 or more, except as provided in subsection (c) of this section, at the time a bid or proposal for any State procurement contract is submitted, the bidder or offeror shall certify to the procurement officer that:

   (1) the bidder or offeror has paid all taxes, unemployment insurance contributions, reimbursement payments, and interest not barred by limitations and payable to the Comptroller, the Department of Assessments and Taxation, or the Department of Labor, Licensing, and Regulation or has provided for payment in a manner satisfactory to the unit responsible for collection; and

   (2) if the bidder or offeror is a vendor of tangible personal property, the bidder or offeror possesses a valid sales and use tax license under Title 11, Subtitle 7 of the Tax - General Article.

(b) Verifications by unit. -- Before a unit awards any procurement contract for $ 100,000 or more, the unit shall verify through the Office of the Comptroller:

   (1) that all taxes, unemployment insurance contributions, reimbursement payments, and interest not barred by limitations and payable by the contractor to the Comptroller, the Department of Assessments and Taxation, and the Secretary of Labor, Licensing, and Regulation are paid or that payment has been provided for in a manner satisfactory to the unit responsible for collection; and

   (2) if the contractor is a vendor of tangible personal property, that the contractor possesses a valid sales and use tax license under Title 11, Subtitle 7 of the Tax - General Article.

(c) Waiver. -- The Board may waive the requirements of this section if the Board determines that:

   (1) the procurement is essential or in the best interests of the State; and

   (2) there is no other known source for the procurement at a reasonable cost.

(d) Notice of section in solicitation. -- In any solicitation, a unit shall provide notice of the requirements of this section.

HISTORY: 1992, 1st Sp. Sess., ch. 1, § 5; 1993, ch. 5, § 1; 1995, ch. 120, § 19; 1997, ch. 16.