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1.70.310 Civil or administrative remedies against those who violate ethical standards.
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(a) Violation of the provisions of this article may result in the voiding by WSSC of the applicable contract, suspension, debarment, or a determination that a bidder or offeror is not responsible to perform a contract. Any civil and administrative remedies for violations of ethical standards which are codified elsewhere in law or regulation, or which are applicable by contract, are not impaired.

(b) The value of anything received by any person for a violation of the ethical standards contained in this article is recoverable from the person by WSSC by setoff, attachment, garnishment, or other appropriate legal action. A person who, for the purpose of defrauding WSSC, acts in collusion with another person in connection with procurement process is liable for damages equal to three times the value of the loss to WSSC that is attributable to the collusion under the State Finance and Procurement Article, § 11-205, Annotated Code of Maryland.

(c) If a person makes a kickback in connection with the award of a contract, subcontract or order, WSSC is entitled to presume conclusively that the amount of the kickback was included in the price of the contract, subcontract, or order and ultimately borne by WSSC. The amount of the kickback may be recovered from the:

(1) Recipient; or

(2) Person making the kickback. (Res. 2003-1669 § 1(4-8)) (Res. 2003-1669 § 1(4-8).)

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