2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 15-221 - Appeal from unit's decision -- Procedures

§15-221.

(a) If a person appeals the decision of a unit about a protest, the Appeals Board shall:

(1) give that case priority over other matters not involving protests before the Appeals Board; and

(2) decide it expeditiously.

(b) (1) For any appeal, the Appeals Board may require each party to file a brief.

(2) If briefs are required, the Appeals Board shall establish the order and time limits for filing briefs after consultation with both parties.

(c) Except as provided in subsection (d) of this section, in a case before the Appeals Board, a party may obtain discovery about any matter that:

(1) is not privileged; and

(2) is relevant to the subject matter involved in that case.

(d) In an appeal from a decision about a protest, discovery shall be limited to requests for the production of documents unless the Appeals Board determines that extraordinary circumstances require additional limited discovery to avoid substantial unfairness or prejudice.

(e) In an appeal from a decision about a contract claim, unless both parties agree to a longer period, the Appeals Board shall issue its final decision within 180 days after the day on which:

(1) all briefs have been filed; or

(2) if later, the record has been closed.

§ 15-221 - 1. Appeal from unit's decision -- Costs incurred by bidder or offeror

(a) Award of reasonable costs. -- The Board of Contract Appeals may award a prospective bidder or offeror, a bidder, or an offeror the reasonable costs of filing and pursuing a protest, not including attorney's fees, if:

(1) the prospective bidder or offeror, bidder, or offeror appeals the final action of an agency on a protest;

(2) the Board of Contract Appeals sustains the appeal; and

(3) the Board of Contract Appeals finds that there has been a violation of law or regulation.

(b) Regulations. -- The Board of Contract Appeals shall adopt regulations to implement this section and to determine what constitutes reasonable costs of filing and pursuing a protest.

§ 15-221 - 2. Appeal from unit's decision -- Costs incurred by contractor

(a) Applicability of section. -- This section only applies to a claim resulting under a contract for construction.

(b) Award of reasonable costs. -- The Appeals Board may award to a contractor the reasonable costs of filing and pursuing a claim, including reasonable attorney's fees, if the Appeals Board finds that the conduct of unit personnel in processing a contract claim is in bad faith or without substantial justification.

(c) Regulations. -- The Appeals Board shall adopt regulations to implement this section.