MARYLAND STATE BOARD OF CONTRACT APPEALS

ORIGIN & FUNCTIONS


In 1980, the Maryland State Board of Contract Appeals was formed (Chapter 418, Acts of 1978; Chapter 775, Acts of 1980). With expanded jurisdiction, it replaced the Department of Transportation Board of Contract Appeals.

The Maryland State Board of Contract Appeals adjudicates bid and contract disputes between State government and contractors or vendors doing business with the State. Matters involved in bid disputes include the preparation and interpretation of bid specifications, qualifications and selection of bidders, and the bidding process. Issues in contract disputes include the quality of performance, compliance with contract provisions, compensation, claims and change orders, termination, and any other matter which cannot be resolved. The Board may subpoena witnesses and documents and may compel the testimony of witnesses. Decisions of the Board are subject to judicial review, and any aggrieved party, including a State agency, may appeal a final decision.

The Board does not have jurisdiction over the procurement of architectural and engineering services, labor disputes, or a contract claim related to a lease of real property.

Final decisions of the Board through 2004 were published in bound volumes by the former Maryland Institute for the Continuing Professional Education of Lawyers (MICPEL). These are available at the Board's offices and the State Law Library. Decisions published from 1997 through the present may be searched and viewed on-line through the Board website.

With Senate advice and consent, the Governor appoints the Board's three members to five-year terms. The chair is named by the Governor (Code State Finance and Procurement Article, secs. 15-201 through 15-223).

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