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21.11.08.00.htm 21.11.08.00. Title 21 STATE PROCUREMENT REGULATIONS Subtitle 11 SOCIOECONOMIC POLICIES Chapter 08 Drug and Alcohol Free Workplace Authority: State Finance and Procurement Article, §11-201 and 12-101, Annotated Code of Maryland
21.11.08.01.htm 21.11.08.01. 01 Policy.. A. Drug and alcohol abuse in the workplace leads to a decrease in productivity, economy, and the maximum benefit to be derived from the purchasing power of the State, thereby decreasing and undermining public confidence in the State procurement system.B. The State has an interest in assuring the public that recipients of funds under State procurement contracts are not using these monies to maintain or foster, directly or indirectly, workplaces wher
21.11.08.02.htm 21.11.08.02. 02 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) "Abuse" means the use of:. a) Alcohol when it may impair job performance or endanger the safety of others in the workplace;. b) Any illegal drug;. c) Any over-the-counter drug when the user knows or should know that it may impair job performance or endanger the safety of others in the workplace; ord) Any prescription drug in a manner or under circumstances that the user k
21.11.08.03.htm 21.11.08.03. 03 Responsibility Determination.. A. A bidder or offeror, other than an individual, may not be considered a responsible source for a procurement contract unless the bidder or offeror has certified, pursuant to COMAR 21.05.08.07B, that the bidder or offeror will provide a drug and alcohol free workplace by:1) Maintaining a workplace free of drug and alcohol abuse during the term of the contract;. 2) Publishing a statement notifying its employees that the unlawful manufac
21.11.08.04.htm 21.11.08.04. 04 Disqualification.. Failure of a bidder or offeror to provide the certification required by Regulation .03 of this chapter, shall render the bidder or offeror unqualified and ineligible for contract award.
21.11.08.05.htm 21.11.08.05. 05 Remedies.. A. Suspension of Contract Payments. After making a determination that adequate evidence to suspect any of the causes in §D, of this regulation, exists, the procurement officer, with the approval of the agency head, the appropriate control agency, and the Office of the Attorney General, may suspend payments under the procurement contract.B. Contract Termination. After making a determination that any of the causes in §D, of this regulation, exists, the procureme
21.11.08.06.htm 21.11.08.06. 06 Implementation and Enforcement.. A. A procurement agency shall be responsible for the implementation of these regulations.. B. The control agencies shall be responsible for the enforcement of these regulations..
21.11.08.9999.htm 21.11.08.9999. Administrative History Effective date: October 1, 1990 (17:19 Md. R. 2322).
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