3128                                          LAWS OF MARYLAND                                     Ch. 678

(II) FAILURE TO REACH A DECISION WITHIN THE
TIME LIMITS UNDER PARAGRAPH (4) OF THIS SUBSECTION SHALL BE
DEEMED TO BE A DECISION NOT TO PAY THE CLAIM.

(6) THE FILING OF A CLAIM UNDER THIS SUBSECTION MAY
NOT SERVE TO DELAY ANY PAYMENTS DUE FROM THE STATE UNDER THE
CONTRACT.

(6) AT THE TIME OF FINAL PAYMENT, THE AGENCY SHALL:

(I) RELEASE THE RETAINAGE DUE TO THE
CONTRACTOR; AND

(II) PAY ANY INTEREST ACCRUED ON THE RETAINAGE
DUE AND PAYABLE TO THE CONTRACTOR FROM THE TIME OF PAYMENT OF THE
SEMIFINAL ESTIMATE.

[(c)] (D) 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)] (E) (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 appeal to the Maryland State Board of
Contract Appeals.

[(e)] (F) An approved settlement is judicially enforceable
in the appropriate court.

[(f)] (G) Subsections (a) through (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