3370

LAWS OF MARYLAND

Ch. 840

authority is deemed final action by the agency, department, or
its equivalent, as the case may be.

(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.

(f)  An approved settlement is judicially enforceable in the
appropriate court.]

(A)  IN THIS PART XII, THE TERM "APPEALS BOARD" MEANS THE
MARYLAND STATE BOARD OF CONTRACT APPEALS.

(B)  (1) A PROSPECTIVE BIDDER OR OFFEROR, A BIDDER OR
OFFEROR, OR A CONTRACTOR MAY, BY THE FILING OF A TIMELY DEMAND AS
DEFINED IN REGULATIONS ADOPTED BY THE APPROPRIATE DEPARTMENT,
INITIATE A COMPLAINT RELATING TO THE FORMATION OF A CONTRACT OR
RELATING TO A CONTRACT THAT HAS BEEN ENTERED INTO.

(2)  COMPLAINTS RELATING TO THE FORMATION OF A
CONTRACT INCLUDE THOSE CONCERNING THE QUALIFICATIONS OF A BIDDER
OR OFFEROR AND THE DETERMINATION OF THE SUCCESSFUL BIDDER OR
OFFEROR.

(3)  COMPLAINTS RELATING TO A CONTRACT THAT HAS BEEN
ENTERED INTO INCLUDE THOSE CONCERNING THE PERFORMANCE, BREACH,
MODIFICATION, OR TERMINATION OF THE CONTRACT.

(4)  THE PROVISIONS OF TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE (ADMINISTRATIVE PROCEDURE ACT
CONTESTED CASES) DO NOT APPLY TO THE DISPOSITION OF COMPLAINTS
UNDER THIS SECTION.

(C)  (1) UPON THE INITIATION OF A COMPLAINT UNDER SUBSECTION
(B) OF THIS SECTION, THE PROCUREMENT OFFICER OF THE PROCUREMENT
AGENCY INVOLVED:

(I)  SHALL REVIEW THE SUBSTANCE OF THE
COMPLAINT;

(II)  UNLESS CLEARLY INAPPROPRIATE, SHALL SEEK
THE ADVICE OF THE STATE LAW DEPARTMENT;

(III)  MAY CONDUCT DISCUSSIONS, AND, IF
APPROPRIATE, CONDUCT NEGOTIATIONS, WITH THE PERSON INITIATING THE
COMPLAINT PROCEEDING;