In this chapter, the following words have the meanings indicated. Terms Defined. “Interested party” means an actual or prospective bidder, offeror, or contractor that may be aggrieved by the solicitation or award of a contract, or by the protest. “Protest” means a complaint relating to the solicitation or award of a procurement contract. “Protester” means any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest. “Public Body” means: The State, A county, municipal corporation, or other political subdivision; A public instrumentality; or Any governmental unit authorized to award a contract. “Reviewing authority” means the procurement agency head or designee. 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 unintentional violation of State Finance and Procurement Article, §17-502, Annotated Code of Maryland; or Verification of a veteran-owned small business enterprise by the Center for Veterans Enterprise of the United States Department of Veterans Affairs. 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: The physical address specified in the solicitation; or The e-mail address specified in the solicitation. A protest: Shall be filed within the appropriate time in Regulation .03 of this chapter; and Shall be filed and delivered either: By hand, the U.S. Postal Service, or a courier service; or By e-mail. 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. To expedite handling of protests, the front of the envelope or, in the event of an electronic submission, the subject line should be labeled “Protest”. The written protest shall include as a minimum the following: 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. The procurement officer shall submit a copy of the protest to the Office of the Attorney General upon receipt of the protest and, unless clearly inappropriate, shall consult with legal counsel. Any additional information or substantiation requested by the procurement officer shall be submitted within 5 days after receipt of notification or such other time as the procurement officer may specify in order to expedite consideration of the protest. Failure of any party to comply with a request for information or substantiation by the procurement officer may result in a resolution of the protest without consideration of any response to the request that is not timely filed. Upon written request, the procurement officer shall make available to any interested party information submitted by the protester that bears on the substance of the protest except when information is confidential, or otherwise is permitted or required to be withheld by law. Persons who wish to keep information submitted by them confidential shall so request by specifically identifying the information within documents submitted, and indicating on the front page of each document that it contains information not subject to disclosure. The procurement officer may conduct discussions and, if appropriate, negotiations with the protester or any other interested party and may resolve the protest by agreement with any one or more interested parties. The agreement shall be in writing and shall be subject to the approval of the reviewing authority and the Office of the Attorney General. 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: A description of the controversy; A statement of the decision, with supporting material; If the protest is not sustained, a paragraph substantially as follows: “This decision is the final action of this agency. This decision may be appealed to the Maryland State Board of Contract Appeals in accordance with COMAR 21.10.07.02. If you decide to take such an appeal, you must file written notice of appeal to the Appeals Board within 10 days from the date you receive this decision.” This paragraph also shall include the current address of the Appeals Board. 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: The Board of Public Works finds that execution of the contract without delay is necessary to protect substantial State interests; or The Appeals Board issues a final decision concerning the appeal. If a contract is to be executed pursuant to §A(1) of this regulation, the procurement agency shall so notify the Appeals Board. 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: The head of the procurement agency or designee makes a determination that execution of the contract without delay is necessary to protect substantial State interests; or The Appeals Board issues a final decision concerning the appeal. If a contract is to be executed pursuant to §B(1) of this regulation, the procurement agency shall notify the Appeals Board of its action and shall also advise the Board of Public Works by appropriate notation when the item is reported to the Board on the department's Procurement Agency Activity Report (PAAR). State Finance and Procurement Article, §§12-101 and 15-201—15-223, Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .09 amended and .10 adopted effective August 15, 1983 (10:16 Md. R. 1454) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .01B amended effective May 13, 2013 (40:9 Md. R. 789) Regulation .02A amended effective February 23, 2009 (36:4 Md. R. 355); July 23, 2012 (39:14 Md. R. 839) Regulation .02A-1 adopted effective July 23, 2012 (39:14 Md. R. 839) Regulation .02A-1 amended effective August 13, 2018 (45:16 Md. R. 776) Regulation .02A-2 adopted effective May 13, 2013 (40:9 Md. R. 789) Regulation .02B amended effective March 3, 2025 (52:4 Md R. 221) Regulation .02C adopted effective October 27, 2003 (30:21 Md. R. 1530) Regulation .02C amended effective June 29, 2020 (47:13 Md. R. 643); March 3, 2025 (52:4 Md R. 221) Regulation .03D adopted effective October 27, 2003 (30:21 Md. R. 1530) Regulation .03D repealed effective May 2, 2022 (49:9 Md. R. 531) Regulation .04 amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .07 amended effective April 7, 2008 (35:7 Md. R. 751) Regulation .10B amended effective December 25, 2000 (27:25 Md. R. 2284)