HARRY HUGHES, Governor                                      3371

(IV)  MAY REQUEST ADDITIONAL INFORMATION OR
SUBSTANTIATION THROUGH ANY APPROPRIATE PROCEDURE; AND

(V)  SHALL COMPLY WITH ANY APPLICABLE
REQUIREMENTS CONTAINED IN REGULATIONS ADOPTED BY THE APPROPRIATE
DEPARTMENT.

(2) AFTER COMPLYING WITH THE REQUIREMENTS OF
PARAGRAPH (1) OF THIS SUBSECTION, AND CONSISTENT WITH THE BUDGET
AND APPLICABLE LAWS AND REGULATIONS, THE PROCUREMENT OFFICER
SHALL PROMPTLY ISSUE A DECISION IN WRITING TO THE REVIEWING
AUTHORITY:

(I)  INDICATING THAT THE COMPLAINT HAS BEEN
RESOLVED BY MUTUAL AGREEMENT;

(II)  DISMISSING THE COMPLAINT IN WHOLE OR IN
PART; OR

(III)  GRANTING THE RELIEF SOUGHT BY THE
INITIATOR OF THE COMPLAINT, IN WHOLE OR IN PART.

(D)  (1) UNLESS OTHERWISE PROVIDED BY REGULATION, THE
PROCUREMENT OFFICER'S DECISION SHALL BE REVIEWED PROMPTLY BY THE
PROCUREMENT AGENCY HEAD AND THE HEAD OF ANY PRINCIPAL DEPARTMENT
LISTED IN § 8-201 OF THE STATE GOVERNMENT ARTICLE OF THE CODE (OR
EQUIVALENT UNIT OF STATE GOVERNMENT) OF WHICH THE PROCUREMENT
AGENCY IS A PART.

(2) THE REVIEWING AUTHORITY MAY APPROVE, DISAPPROVE,
OR MODIFY THE DECISION, OR MAY RESUBMIT THE COMPLAINT, WITH
APPROPRIATE INSTRUCTIONS, TO THE PROCUREMENT OFFICER WHO SHALL
PROCEED UNDER THE PROVISIONS OF PARAGRAPH (C)(1) OF THIS SECTION.
A DECISION OF THE REVIEWING AUTHORITY APPROVING, DISAPPROVING, OR
MODIFYING THE DECISION OF A PROCUREMENT OFFICER IS THE FINAL
ACTION OF THE PROCUREMENT AGENCY.

(E)  THE DETERMINATION OF A COMPLAINT UNDER SUBSECTIONS (B)
THROUGH (D) IS JUDICIALLY ENFORCEABLE IN THE APPROPRIATE COURT
WHEN IT HAS BECOME FINAL AND IS NO LONGER SUBJECT TO JUDICIAL
REVIEW.

(F)  (1) A BIDDER OR OFFEROR, A PROSPECTIVE BIDDER OR
OFFEROR, OR A CONTRACTOR MAY APPEAL THE FINAL ACTION OF A
PROCUREMENT AGENCY TO THE APPEALS BOARD:

(I)  WITHIN 10 DAYS AFTER NOTICE OF A FINAL
ACTION AS TO A PROTEST REGARDING THE FORMATION OF A CONTRACT AND,
IN WHICH CASE, THE APPEALS BOARD SHALL DECIDE THE CASE
EXPEDITIOUSLY GIVING IT PRECEDENCE OVER OTHER MATTERS BEFORE THE
APPEALS BOARD; AND

(II)  WITHIN 30 DAYS AFTER RECEIVING NOTICE OF A
FINAL ACTION RELATING TO A CONTRACT THAT HAS BEEN ENTERED INTO.