2688

LAWS OF MARYLAND

Ch. 775

RELATING TO A CONTRACT WHICH HAS BEEN ENTERED INTO BY THE
STATE INCLUDE BUT ARE NOT LIMITED TO THOSE CONCERNING THE
PERFORMANCE. BREACH, MODIFICATION, AND TERMINATION OF THE
CONTRACT.

(B)  THE RESOLUTION OF THESE DISPUTES SHALL BE IN
ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE RESPECTIVE
DEPARTMENTS, AND THE PROCUREMENT OFFICER'S DECISION SHALL BE
IN WRITING. EXCEPT IN THE ADOPTION OF REGULATIONS, THE
ADMINISTRATIVE PROCEDURE ACT SHALL NOT APPLY TO PROCEEDINGS
UNDER THIS SECTION.

(C)  THE DECISION OF THE PROCUREMENT OFFICER TO RESOLVE
OR NOT TO RESOLVE A DISPUTE SHALL BE REVIEWED BY THE AGENCY
HEAD UNLESS OTHERWISE PROVIDED BY REGULATION. IF THE AGENCY
IS PART OF ONE OF THE PRINCIPAL DEPARTMENTS OR AN EQUIVALENT
UNIT OF GOVERNMENT, THE DECISION SHALL BE REVIEWED BY THE
SECRETARY OR HIS EQUIVALENT UNLESS DELEGATED TO THE AGENCY
HEAD BY REGULATION. THE REVIEWING AUTHORITY MAY APPROVE OR
DISAPPROVE THE PROCUREMENT OFFICER'S DECISION. IN
DISAPPROVING A DECISION NOT TO RESOLVE THE DISPUTE, THE
REVIEWING AUTHORITY MAY ORDER THE PROCUREMENT OFFICER TO
EFFECT A RESOLUTION. THE DECISION OF THE REVIEWING
AUTHORITY IS DEEMED FINAL ACTION BY THE AGENCY, DEPARTMENT,
OR ITS EQUIVALENT, AS THE CASE MAY BE.

(D) (1) WITHIN 15 DAYS OF RECEIPT OF NOTICE OF A FINAL
ACTION DISAPPROVING A RESOLUTION OR APPROVING A DECISION NOT
TO RESOLVE A DISPUTE RELATING TO THE FORMATION OF A STATE
CONTRACT, THE BIDDER OR OFFEROR OR PROSPECTIVE BIDDER OR
OFFEROR MAY APPEAL THE ACTION TO THE STATE BOARD OF CONTRACT
APPEALS. THE DECISION OF THE BOARD IS FINAL ONLY SUBJECT TO
JUDICIAL REVIEW.

(2) WITHIN 30 DAYS OF RECEIPT OF NOTICE OF A
FINAL ACTION DISAPPROVING A SETTLEMENT OR APPROVING A
DECISION NOT TO SETTLE A DISPUTE RELATING TO A CONTRACT
ENTERED INTO BY THE STATE, THE CONTRACTOR MAY, IN ACCORDANCE
WITH THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURE ACT,
APPEAL TO THE MARYLAND STATE BOARD OF CONTRACT APPEALS.

(E)  AN APPROVED SETTLEMENT IS JUDICIALLY ENFORCEABLE
IN THE APPROPRIATE COURT.

(F)  SUBSECTIONS (A) THROUGH (F) (E) OF THIS SECTION
SHALL NOT APPLY TO DISPUTES CONCERNING THE FORMATION OF
CONTRACTS TO PROCURE ARCHITECTURAL AND ENGINEERING SERVICES
MADE UNDER TITLE 9. WITHIN 15 DAYS OF RECEIPT OF NOTICE OF
A RECOMMENDATION BY THE TRANSPORTATION PROFESSIONAL SERVICES
SELECTION BOARD OR THE GENERAL PROFESSIONAL SERVICES
SELECTION BOARD TO THE BOARD OF PUBLIC WORKS TO ENTER INTO
AN ARCHITECTURAL AND ENGINEERING SERVICES PROCUREMENT
CONTRACT, A PROSPECTIVE OFFEROR OF ARCHITECTURAL AND
ENGINEERING SERVICES MAY APPEAL THE RECOMMENDATION TO THE
BOARD OF PUBLIC WORKS WHICH MAY ONLY (1) APPROVE THE
RECOMMENDATION, (2) DISAPPROVE THE RECOMMENDATION, OR (3)
REMAND THE RECOMMENDATION TO THE TRANSPORTATION PROFESSIONAL