3372

LAWS OF MARYLAND

Ch. 840

(2) SUBPARAGRAPH (1)(II) OF THIS SUBSECTION DOES NOT
APPLY TO COMPLAINTS RELATING TO REAL PROPERTY LEASES THAT HAVE
BEEN ENTERED INTO.

(g) Subsections (a) through [(e)] (D) of this section
[shall] DO not apply to disputes concerning the formation of
contracts to procure architectural [and] SERVICES OR engineering
services [made under Title 19]. Within [15] 10 days [of receipt
of] AFTER RECEIVING 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] SERVICES OR
engineering services [procurement] contract, a prospective
offeror of architectural [and] SERVICES OR engineering services
may appeal the recommendation to the Board of Public Works
[which]. ON THE APPEAL, THE BOARD OF PUBLIC WORKS may: [only]

(1)  approve the recommendation[,];

(2)  disapprove the recommendation[,]; or

(3)  remand the [recommendation] MATTER to the
Transportation Professional Services Selection Board or the
General Professional Services Selection Board for further
consideration.

(H) A PROSPECTIVE BIDDER OR OFFEROR, A BIDDER OR OFFEROR,
OR A CONTRACTOR SHALL EXHAUST THE ADMINISTRATIVE REMEDIES
PROVIDED IN THIS SECTION AND § 11-138 BEFORE SEEKING JUDICIAL
RELIEF.

(I) (1) THIS SUBSECTION APPLIES TO THE RESOLUTION OF
DISPUTES RELATING TO CONSTRUCTION CONTRACTS THAT HAVE BEEN
ENTERED INTO.

(2)  WITHIN 30 DAYS OF THE FILING OF A NOTICE OF A
CLAIM, THE CONTRACTOR SHALL SUBMIT TO THE PROCUREMENT AGENCY A
WRITTEN EXPLANATION OF THE CLAIM CONTAINING:

(I)  THE AMOUNT OF THE CLAIM;

(II)  THE FACTS UPON WHICH THE CLAIM IS BASED;
AND

(III)  ALL PERTINENT DATA AND CORRESPONDENCE
THAT MAY SUBSTANTIATE THE CLAIM.

(3)  THE CLAIM SHALL BE REVIEWED BY THE PROCUREMENT
AGENCY HEAD OR, IF THE AGENCY IS A PART OF A PRINCIPAL DEPARTMENT
OR AN. EQUIVALENT UNIT OF STATE GOVERNMENT, BY THE SECRETARY OR
THE EQUIVALENT OFFICIAL UNLESS REVIEW HAS BEEN DELEGATED TO THE
AGENCY HEAD BY REGULATION.

(4)  WITHIN 180 DAYS AFTER RECEIPT OF THE CLAIM, THE
AGENCY HEAD, SECRETARY, OR EQUIVALENT OFFICIAL SHALL INVESTIGATE