State Procurement - Constitutional Violations - Prohibited
HB0334 would change Maryland’s State Finance and Procurement law to require certain constitutional compliance certifications in state contracting. Before a bidder or offeror may submit a bid or proposal on a state procurement, the procurement officer would have to require the bidder or offeror to certify that it is not engaging in any actions that violate the U.S. Constitution or the Maryland Constitution and that it will refrain from such actions for the duration of the contract. The bill also defines “bidder or offeror” broadly to include affiliates and divisions of the bidder or offeror, even if those divisions are unrelated to the procurement activity.
The bill further requires state procurement contracts to include a clause requiring the contractor to make the same certification regarding constitutional compliance throughout the term of the contract. The measure would take effect October 1, 2026, and would add new sections 13–212.2 and 13–230 to the State Finance and Procurement Article.
HB0334 would add a new procurement condition to Maryland state contracting law, affecting bidders, offerors, contractors, and their affiliates by tying eligibility for state procurement participation to a certification of constitutional compliance. It would expand the responsibilities of procurement officers by requiring them to obtain the certification at the bidding stage and to include a corresponding clause in state contracts. The bill does not specify a separate enforcement mechanism or define what conduct constitutes a constitutional violation, leaving implementation to the procurement process and existing constitutional standards.
There is limited recorded discussion or voting history available for HB0334, so overall sentiment cannot be measured from committee debate or floor votes. Based on the bill’s introduction and referral, it appears to have been presented as a government procurement integrity measure rather than a highly contentious proposal in the available record. The absence of votes or transcripts means no clear support or opposition can be identified from the provided materials.
The main point of potential contention is the breadth and ambiguity of the required certification. Because the bill requires bidders and contractors to certify that neither they nor their affiliates are engaging in any actions that violate the U.S. or Maryland Constitutions, questions may arise about how procurement officers would evaluate compliance, what conduct would trigger disqualification, and whether the requirement could be seen as overbroad or difficult to administer. Another likely issue is the inclusion of affiliates and unrelated divisions, which could extend the certification obligation beyond the specific entity performing the work.