WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

Defined terms: "Contract claim" § 15-215
"Person" § 11-101 "Procurement officer" § 11-101
"Protest" § 15-215 "Unit" § 11-101

15-219. SAME -- CONTRACT CLAIMS FOR CONSTRUCTION CONTRACTS.

(A)  EXPLANATION OF CLAIM.

WITHIN 30 DAYS AFTER SUBMITTING A NOTICE OF A CONTRACT CLAIM
UNDER A PROCUREMENT CONTRACT FOR CONSTRUCTION, A CONTRACTOR SHALL
SUBMIT TO THE UNIT A WRITTEN EXPLANATION THAT STATES:

(1)  THE AMOUNT OF THE CONTRACT CLAIM;

(2)  THE FACTS ON WHICH THE CONTRACT CLAIM IS BASED;
AND

(3)  ALL RELEVANT DATA AND CORRESPONDENCE THAT MAY
SUBSTANTIATE THE CONTRACT CLAIM.

(B)  REVIEW OF CLAIM.

(1)  SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
HEAD OF THE UNIT ENGAGED IN PROCUREMENT OF THE CONSTRUCTION SHALL
REVIEW THE CONTRACT CLAIM.

(2)  IF THE UNIT IS PART OF A PRINCIPAL DEPARTMENT OR
OTHER EQUIVALENT UNIT, THE SECRETARY OF THE PRINCIPAL DEPARTMENT
OR THE EQUIVALENT OFFICIAL SHALL REVIEW THE CONTRACT CLAIM,
UNLESS REVIEW HAS BEEN DELEGATED BY REGULATION TO THE HEAD OF THE
UNIT.

(C)  NOTICE OF DECISION.

THE PERSON WHO REVIEWS A CONTRACT CLAIM UNDER SUBSECTION (B)
OF THIS SECTION SHALL:

(1)  INVESTIGATE THE CONTRACT CLAIM; AND

(2)  GIVE THE CONTRACTOR WRITTEN NOTICE OF A
RESOLUTION OF THE CONTRACT CLAIM WITHIN 180 DAYS AFTER RECEIVING
THE CONTRACT CLAIM OR A LONGER PERIOD TO WHICH THE PARTIES AGREE.

(D)  DECISION NOT TO PAY CLAIM.

(1)  A DECISION NOT TO PAY A CONTRACT CLAIM IS A FINAL
ACTION FOR THE PURPOSE OF APPEAL TO THE APPEALS BOARD.

(2)  THE FAILURE TO REACH A DECISION WITHIN THE TIME
REQUIRED UNDER SUBSECTION (C) OF THIS SECTION IS DEEMED TO BE A
DECISION NOT TO PAY THE CONTRACT CLAIM.

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