Ch. 373

2004 LAWS OF MARYLAND

(3) THE PROCUREMENT OFFICER SHALL PROCEED UNDER SUBSECTION
(B) OF THIS SECTION IF THE CONTRACTOR FAILS TO RESPOND, PROVIDES AN
INADEQUATE RESPONSE, OR DENIES THE CONTRACT CLAIM OR THE RELIEF SOUGHT
BY THE UNIT IN WHOLE OR IN PART.

(B) (1) IF THE CONTRACTOR AND THE UNIT DO NOT RESOLVE THE
CONTRACT CLAIM, THE PROCUREMENT OFFICER SHALL PREPARE A PROPOSED
DECISION ON THE CONTRACT CLAIM, INCLUDING:

(I)      A DESCRIPTION OF THE CONTRACT CLAIM;

(II)     REFERENCES TO PERTINENT CONTRACT PROVISIONS;

(III)   A STATEMENT OF FACTUAL AREAS OF AGREEMENT OR
DISAGREEMENT; AND

(IV)    A STATEMENT IN THE PROPOSED DECISION WHOLLY OR
PARTLY GRANTING OR DENYING THE RELIEF SOUGHT, WITH SUPPORTING
RATIONALE.

(2)      UNLESS OTHERWISE PROVIDED BY REGULATION, THE
PROCUREMENT OFFICER SHALL SUBMIT THE CONTRACT CLAIM AND PROPOSED
DECISION TO:

(I)      THE HEAD OF THE UNIT; AND

(II)     THE HEAD OF THE PRINCIPAL DEPARTMENT OR OTHER
EQUIVALENT UNIT OF WHICH THE UNIT IS A PART.

(3)      (I) THE REVIEWING AUTHORITY SHALL APPROVE, MODIFY, OR
DISAPPROVE THE PROPOSED DECISION.

(II)     IN DISAPPROVING A PROPOSED DECISION, THE REVIEWING
AUTHORITY MAY REMAND THE CONTRACT CLAIM WITH INSTRUCTIONS TO THE
PROCUREMENT OFFICER

(III)   ON REMAND, THE PROCUREMENT OFFICER SHALL PROCEED AS
REQUIRED UNDER THIS SUBSECTION AND IN ACCORDANCE WITH THE
INSTRUCTIONS OF THE REVIEWING AUTHORITY.

(4)      THE DECISION OF THE REVIEWING AUTHORITY IS THE FINAL
ACTION OF THE UNIT.

15-220.

(a) Except for a contract claim related to a lease for real property, a bidder or
offeror, a prospective bidder or offeror, A UNIT, or a contractor may appeal the final
action of a unit to the Appeals Board.

15-222.

(a) Notwithstanding any provision of a procurement contract, the Appeals
Board may award interest on money that the Appeals Board determines to be due to
the UNIT OR THE contractor under a contract claim.

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