Maryland Code § SF-17-803

Section SF-17-803
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(a) By regulation, the Department of General Services and the Department
of Transportation shall establish procedures for each bidder, contractor, or
subcontractor that performs work on a State-funded construction project to certify

that the bidder, contractor, or subcontractor pays employee health care expenses in
accordance with subsection (b) of this section.
(b) (1) Except as provided in paragraph (2) of this subsection, a bidder,
contractor, or subcontractor shall demonstrate the payment of employee health care
expenses by submitting certification or a valid contract to the Department of General
Services or the Department of Transportation evidencing that, with respect to the
employees who will work on or at the site of the project:
(i) the bidder, contractor, or subcontractor pays aggregate
employee health care expenses of at least 5% of the aggregate Social Security wages
paid by the bidder, contractor, or subcontractor; or
(ii) the bidder, contractor, or subcontractor pays 50% or more
of the required premium necessary to obtain coverage by a credible health care
insurance plan.
(2) Before July 1, 2021, a bidder, contractor, or subcontractor may
demonstrate payment of employee health care expenses by submitting certification
or a valid contract to the Department of General Services or the Department of
Transportation evidencing, with respect to the employees who will work on or at the
site of the project, that:
(i) under a contract with a credible health care insurance plan
or through a collective bargaining agreement, the bidder, contractor, or subcontractor
pays some portion of employee health care expenses; and
(ii) the bidder, contractor, or subcontractor will meet the
requirements of paragraph (1) of this subsection on renewal of the contract or
collective bargaining agreement.
(c) The Department of General Services and the Department of
Transportation shall collaborate with the Maryland Department of Labor to develop
the form required for certification under subsection (b) of this section.
(d) A procurement officer may require a responsible bidder or subcontractor
to submit records to the procurement officer that are sufficient to support the
certification that the bidder or subcontractor submitted in accordance with subsection
(b) of this section.
(e) If a responsible bidder that is awarded a contract to work on a State-
funded construction project fails to submit records required under this section within
a reasonable period of time, the procurement officer may void the contract.

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