# COMAR Title 21 — State Procurement Regulations

## Subtitle 10 — Administrative and Civil Remedies

### Chapter 06 — Maryland State Board of Contract Appeals — Procedures for Appealing Contract Disputes

#### Regulation .32 Costs Incurred by Contractor.

*COMAR 21.10.06.32*

A. The Appeals Board may award to a contractor the reasonable cost of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board finds that the conduct of the unit in processing a contract claim is in bad faith, without substantial justification, or in violation of law. Any allegations of bad faith, lack of substantial justification, or violation of law must be plead with particularity during the course of the proceedings before the Appeals Board.

B. A request for award of costs incurred by the contractor in filing and pursuing a claim shall be made by written motion filed within 15 calendar days of the decision by the Appeals Board finding that the conduct of the unit in processing a contract claim is in bad faith, without substantial justification, or in violation of law. The motion shall specify all costs being requested, shall be substantiated by documented evidence, and the contractor shall certify under oath or affirmation its costs in filing and pursuing a claim. Upon request of a party or on its own initiative, the Appeals Board may conduct a hearing to determine the reasonableness of the costs and fees claimed.