Ch. 373

2004 LAWS OF MARYLAND

(4) On remand, the procurement officer shall proceed under subsection
(b) of this section in accordance with those instructions.

15-219.

(a)     Except to the extent a shorter period is prescribed by regulation governing
differing site conditions, a contractor shall file a written notice of a claim relating to
a procurement contract for construction within 30 days after the basis for the claim is
known or should have been known.

(b)     Unless extended by the unit, within 90 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.

(c)      (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.

(d)     The person who reviews a contract claim under subsection (c) of this
section shall:

(1)     investigate the contract claim; and

(2)     give the contractor written notice of a resolution of the contract claim:

(i) within 90 days after receiving the contract claim or a longer
period to which the parties agree, if the amount of the contract claim is not more than
the amount under which the accelerated procedure may be selected before the
Appeals Board; or

(ii) for any other contract claim, within 180 days after receiving the
contract claim or a longer period to which the parties agree.

(e)     Recovery under a contract claim is not allowed for any expense incurred:

(1)     more than 30 days before the required submission of a notice of a
claim under subsection (a) of this section; or

(2)     unless the time for submission of a claim is extended under
subsection (b) of this section, more than 120 days before the required submission of
the claim.

- 1356 -