(a) In this Part III of this subtitle the following words have the meanings indicated. (b) (1) “Contract claim” means a claim that relates to a procurement contract. (2) “Contract claim” includes a claim about the performance, breach, modification, or termination of the procurement contract. (c) (1) “Protest” means a complaint that relates to the formation of a procurement contract. (2) “Protest” […]
(a) Title 10, Subtitle 2 of the State Government Article does not apply to the disposition of a protest or a contract claim by: (1) a primary procurement unit; (2) a procurement officer; or (3) a unit. (b) The Appeals Board shall conduct its proceedings in accordance with Title 10, Subtitle 2 of the State Government Article.
(a) (1) A prospective bidder or offeror, a bidder, or an offeror may submit a protest to the procurement officer. (2) A unit or a person who has been awarded a procurement contract may submit a contract claim to the procurement officer. (b) Except as provided in § 15-219 of this subtitle, a protest or contract claim shall be […]
(a) Except as provided under § 15–219 of this subtitle, a procurement officer who receives a protest or a contract claim from a contractor shall comply with this section. (b) (1) On receipt of a protest or contract claim from a contractor, a procurement officer: (i) shall review the substance of the protest or contract claim; (ii) may request additional […]
(a) Except to the extent a shorter period is prescribed by regulation governing differing site conditions, a contractor shall file a written notice of a claim relating to a procurement contract for construction within 30 days after the basis for the claim is known or should have been known. (b) Unless extended by the unit, within 90 […]
(a) (1) A unit may assert a contract claim against a contractor by sending written notice to the contractor and the procurement officer that states: (i) the basis for the contract claim; (ii) to the extent known, the amount, or the performance or other action, requested by the unit in the contract claim; and (iii) the date by which the […]
(a) Except for a contract claim related to a lease for real property, a bidder or offeror, a prospective bidder or offeror, a unit, or a contractor may appeal the final action of a unit to the Appeals Board. (b) An appeal under this section shall be filed: (1) for a protest, within 10 days after receipt of […]
(a) If a person appeals the decision of a unit about a protest, the Appeals Board shall: (1) give that case priority over other matters not involving protests before the Appeals Board; and (2) decide it expeditiously. (b) (1) For any appeal, the Appeals Board may require each party to file a brief. (2) If briefs are required, the Appeals Board […]
(a) The Board of Contract Appeals may award a prospective bidder or offeror, a bidder, or an offeror the reasonable costs of filing and pursuing a protest, not including attorney’s fees, if: (1) the prospective bidder or offeror, bidder, or offeror appeals the final action of an agency on a protest; (2) the Board of Contract Appeals sustains […]
(a) This section only applies to a claim resulting under a contract for construction. (b) The Appeals Board may award to a contractor the reasonable costs of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board finds that the conduct of unit personnel in processing a contract claim is in bad faith or […]
(a) Notwithstanding any provision of a procurement contract, the Appeals Board may award interest on money that the Appeals Board determines to be due to the unit or the contractor under a contract claim. (b) (1) Subject to paragraph (2) of this subsection, interest may accrue from a day that the Appeals Board determines to be fair and […]
(a) (1) A decision of the Appeals Board is subject to judicial review in accordance with Title 10, Subtitle 2 of the State Government Article. (2) Any party to an Appeals Board decision, including a unit, may appeal a final decision of the Appeals Board to a court of competent jurisdiction. (b) When a decision about a protest or […]
