Chapter 02. Protests

In this chapter, the following words have the meanings indicated.

Terms Defined.

An interested party may protest to the appropriate procurement officer against the award or the proposed award of a contract subject to this title, including awards subject to the veteran-owned small business enterprise program set forth in COMAR 21.11.12.

An interested party may not protest:

An unsuccessful bidder or any other person may not protest the award of a contract or contract renewal on the basis of a false certification regarding investments in Iran delivered to a public body pursuant to State Finance and Procurement Article, §17-705, Annotated Code of Maryland. This subsection does not prohibit a public body from filing a protest objecting to the award of a contract or contract renewal on the basis of a false certification.

The protest shall be in writing and addressed to the procurement officer at either:

A protest:

A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be filed before bid opening or the closing date for receipt of initial proposals. For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be filed not later than the next closing date for receipt of proposals following the incorporation.

In cases other than those covered in §A, protests shall be filed not later than 7 days after the basis for protest is known or should have been known, whichever is earlier.

The term “filed” as used in §A or §B means receipt by the procurement officer. Protesters are cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the procurement officer after the time limits prescribed in §A or §B may not be considered.

The name and address of the protester;

Appropriate identification of the procurement, and, if a contract has been awarded, its number if known;

A statement of reasons for the protest; and

Supporting exhibits, evidence, or documents to substantiate the reasons for the protest unless not available within the filing time, in which case the expected availability date shall be indicated.

Time for Decisions. A decision on a protest shall be made by the procurement officer in writing as expeditiously as possible after receiving all relevant, requested information.

The decision of the procurement officer shall be reviewed by the reviewing authority and appropriate legal counsel. The reviewing authority may approve, modify, or disapprove the procurement officer's decision. In disapproving a decision, the reviewing authority may order the procurement officer to effect resolution. Unless the protest is remanded to the procurement officer, the decision of the reviewing authority is the final action by the procurement agency.

The decision shall include:

The procurement officer shall furnish a copy of the decision to the protester and all other interested parties, by certified mail, return receipt requested, or by any other method that provides evidence of its receipt.

Protesters are required to seek resolution of their complaints initially with the procurement agency. A subsequent appeal by an interested party to the Appeals Board shall be filed within 10 days of receipt of notice of the final procurement agency action.

An appeal received by the Appeals Board after the time prescribed in §A of this regulation may not be considered unless it was sent by registered or certified mail not later than the fifth day before the final date for filing an appeal as specified in §A of this regulation. A date affixed by postage meter will not be considered as evidence of the actual mailing date. The only acceptable evidence to establish the date of mailing shall be the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark is illegible, the appeal shall be deemed to have been filed when received by the Appeals Board.

If the authority to award a contract has not been delegated to a department pursuant to COMAR 21.02.01.04, and a timely protest or appeal has been filed, the contract may be executed only if either:

If the authority to award a contract has been delegated to a department pursuant to COMAR 21.02.01.04, and a timely protest or appeal has been filed, the contract may be executed only if either: