3504

LAWS OP MARYLAND

Ch. 863

Annotated Code of Maryland
(1985 Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement

17-201.

(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.

(c)  (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.