PARRIS N. GLENDENING, Governor

Ch. 682

15-215.

(a)     In this Part III of this subtitle the following words have the meanings
indicated.

(b)     (1) "Contract claim" means a claim that relates to a procurement contract.

(2) "Contract claim" includes a claim about the performance, breach,
modification, or termination of the procurement contract.

15-217.

(a)     (1) A prospective bidder or offeror, a bidder, or an offeror may submit a
protest to the procurement officer.

(2) A person who has been awarded a procurement contract may submit a
contract claim to the procurement officer.

(b)     (1) [ A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
§ 15-219 OF THIS SUBTITLE, A protest or contract claim shall be submitted within the time
required under regulations adopted by the primary procurement unit responsible for the
procurement.

(2) A CONTRACTOR SHALL SUBMIT A CONTRACT CLAIM UNDER A
CONTRACT FOR CONSTRUCTION WITHIN 30 DAYS AFTER;

(I) RECEIVING A WRITTEN CHANGE ORDER OR CONTRACT
MODIFICATION THAT, IN THE CONTRACTOR'S VIEW, REQUIRES AN EQUITABLE
ADJUSTMENT UNDER THE CONTRACT; OR

(II) ANY OTHER ACTION BY THE PROCUREMENT OFFICER OR
AUTHORIZED AGENT OF THE UNIT THAT, IN THE CONTRACTOR'S VIEW,
INSTITUTES A CHANGE ORDER OR CONTRACT MODIFICATION.

15-218.

(a)     Except as provided under § 15-219 of this subtitle, a procurement officer who
receives a protest or a contract claim shall comply with this section.

(b)     (1) On receipt of a protest or contract claim under § 15-217 of this subtitle,
a procurement officer:

(i) shall review the substance of the protest or contract claim;

(ii) may request additional information or substantiation through an
appropriate procedure;

(iii) may discuss with interested parties and, if appropriate, may
conduct negotiations with the person initiating the protest or contract claim; and

(iv) shall comply with any applicable regulations.

(2) Unless clearly inappropriate, the procurement officer shall seek the
advice of the Office of the Attorney General.

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