ROBERT L. EHRLICH, JR., Governor                             Ch. 373

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2004.

Approved May 11, 2004.

CHAPTER 373
(House Bill 767)

AN ACT concerning

Procurement - Board of Contract Appeals - Jurisdiction over State Claims

FOR the purpose of authorizing an interested party to appeal a final action on a
procurement contract claim made by a State agency to the State Board of
Contract Appeals; altering the jurisdiction of the Appeals Board; clarifying that
certain claims procedures for a procurement contract apply only to a claim by a
contractor; establishing certain contract claims procedures for a State contract
claim; requiring a State contract claim to include certain information; requiring
the procurement officer to review a State contract claim; authorizing the
procurement officer to request additional information or to discuss or negotiate
a State contract claim with the State agency or the contractor; requiring the
procurement officer to prepare a proposed decision on a State contract claim
under certain circumstances; requiring a procurement officer to include certain
information and the supporting rationale in a proposed decision; providing for
review of a proposed decision by certain persons under certain circumstances;
authorizing a reviewing authority to approve, disapprove, or modify a proposed
decision; establishing that approval, disapproval, or modification of a proposed
decision by the reviewing authority constitutes the final action of the State
agency on the contract claim; authorizing a reviewing authority to remand with
instructions a disapproved proposed decision to the procurement officer;
authorizing the award of interest to a State agency under a procurement
contract claim; and generally relating to the authority of the State Board of
Contract Appeals over a procurement contract claim made by a State agency.

BY repealing and reenacting, without amendments,
Article - State Finance and Procurement
Section 15-201, 15-215(b), and 15-219
Annotated Code of Maryland
(2001 Replacement Volume and 2003 Supplement)

BY repealing and reenacting, with amendments,
Article - State Finance and Procurement

Section 15-211, 15-217(a), 15-218, 15-220(a), and 15-222(a) and (b)
Annotated Code of Maryland
(2001 Replacement Volume and 2003 Supplement)

- 1353 -