Article - State Finance and Procurement
(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 money 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 Small, Minority, and Women Business Affairs shall make available a fraud hotline for reporting violations of this section.