3368                                          LAWS OF MARYLAND                                      Ch. 840

(i) Estimated costs or fixed prices if the
absence of open market competition precludes the use of
competitive sealed bidding;

(ii) Adjustments for State directed changes or
modifications in contract performance; and

(iii) Settlements of terminated contracts.

(2)  To determine the allowability of costs under
contract provisions which provide for the reimbursement of costs;
and

(3)  In any other situation that requires the
determination of the estimated or the incurred costs of
performing contracts.]

[Title 17.] PART XII. Administrative and Civil Remedies

[Subtitle 1. Escrow Accounts.]

[17-101.] 11-136.1. ESCROW ACCOUNTS

Whether or not any claim exists, when the procurement agency
pays a semifinal estimate, the procurement agency shall place any
retainage remaining in an interest bearing escrow account.

[Subtitle 2. Resolution of Controversies
Over Contracts. ]

[17-201.] 11-137. RESOLUTION OF COMPLAINTS.

[(a) Upon timely demand, as defined in regulations
promulgated by the Department, by a prospective bidder or
offeror, bidder or offeror, or contractor, the responsible
procurement officer of the using agency may, consistent with the
budget and all applicable laws and regulations, negotiate and
resolve disputes relating to the formation of a contract with the
State or a contract which has been entered into by the State.
Disputes relating to the formation of a contract include but are
not limited to those concerning the qualification of bidders or
offerors and the determination of the successful bidder or
offeror. Disputes 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) Except as provided in subsection (c) of this section,
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.