S.B. 434                                                 VETOES

(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.

(b)     (1) Subject to paragraph (2) of this subsection, interest may accrue from
a day that the Appeals Board determines to be fair and reasonable after hearing all
the facts until the day of the decision by the Appeals Board.

(2) Interest may not accrue before the procurement officer receives a
contract claim from the UNIT OR THE contractor.

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

May 26, 2004

The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401

Dear Mr. President:

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