Chapter 06. Maryland State Board of Contract Appeals — Procedures for Appealing Contract Disputes
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Appellant” means the contractor appealing a final action of an agency.
(2)
“File” means receipt in the offices of the Appeals Board.
(3)
“Party” means either the appellant or respondent.
(4)
“Pleading” means the complaint, answer, all amendments and supplements thereto, and motions.
(5)
“Respondent” means the State agency which issued the contract in dispute.
(6)
“Submit” means receipt in the offices of the Appeals Board.
Regulation .02 Appeals.LinkCopy Citation
A.
How Taken. Notice of an appeal shall be in writing, and the original, together with two copies, shall be mailed to or filed with the Appeals Board within the time specified in the contract or otherwise allowed by law or regulation. A copy shall be furnished to the procurement officer from whose decision the appeal is taken.
B.
Notice of Appeal. A notice of appeal shall indicate that an appeal is intended, the amount in dispute, if known, and shall identify the contract (by number), the State agency whose contract is the subject of the dispute, and the procurement officer’s decision from which the appeal is taken. The notice of appeal shall be signed personally by the appellant (the contractor making the appeal), or by an officer of the appellant corporation or member of the appellant firm, or by the appellant’s duly authorized representative or attorney. The complaint referred to in Regulation .06 may be filed with the notice of appeal, or the appellant may designate the notice of appeal as a complaint, if it otherwise fulfills the requirements of a complaint.
Regulation .03 Docketing of Appeals.LinkCopy Citation
A.
When a notice of appeal in any form has been received by the Appeals Board, it shall be docketed promptly. A notice of docketing shall be forwarded to both parties and a copy of these regulations will be furnished to the appellant upon request.
B.
The Board may consolidate appeals when the parties agree via joint motion or at its own discretion.
Regulation .04 Preparation, Contents, Organization, Forwarding, and Status of Appeal File.LinkCopy Citation
A.
Duties of Procurement Officer. Within 30 days of notice from the Appeals Board that an appeal has been docketed, the procurement officer shall assemble and transmit to the Appeals Board, through the Office of the Attorney General, documents relevant to the appeal including:
(1)
The decision from which the appeal is taken;
(2)
The contract including specifications and relevant amendments, plans, and drawings;
(3)
All correspondence between the parties relevant to the appeal, including the letter or letters of claim in response to which the decision was issued;
(4)
Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made before the filing of the notice of appeal with the Appeals Board; and
(5)
Any Additional Information Considered Relevant. Within the same time specified above, the procurement officer shall furnish to the appellant a copy of each document it transmits to the Appeals Board, except those stated in §A(2) of this regulation, as to which a list furnished to the appellant indicating specific contractual documents transmitted will suffice, and those stated in §D of this regulation.
B.
Duties of the Appellant. Within 30 days after receipt of a copy of the appeal file assembled by the procurement officer, the appellant may supplement the file by transmitting to the Appeals Board any documents not contained in the file that it considers relevant to the appeal, and furnishing two copies of these documents to the trial attorney designated by the Office of the Attorney General.
C.
Organization of Appeal File. Documents in the appeal file may be originals or legible facsimile or authenticated copies, and shall be arranged in chronological order when practicable, numbered sequentially, tabbed and indexed to identify the contents of the file.
D.
Lengthy Documents. The Appeals Board may waive the requirement of furnishing to the other party copies of bulky, lengthy, or out-of-size documents when a party has shown that doing so would impose an undue burden. At the time a party files with the Appeals Board a document for which a waiver has been granted, the filing party shall provide an electronic copy of the document in a format specified by the Clerk of the Appeal Board and shall notify the other party that this document or a copy is available for inspection at the offices of the Appeals Board or of the filing party.
E.
Status of Documents in Appeal File. Documents contained in the appeal file are considered, without further action by the parties, as part of the record upon which the Appeals Board shall render its decision, unless a party objects to the consideration of a particular document before the hearing, or before settling the record if there is no hearing on the appeal. If objection to a document is made, the Appeals Board will rule upon its admissibility into the record as evidence in accordance with Regulation .13 of this chapter and COMAR 21.10.05.10.
Regulation .05 Dismissal For Lack of Jurisdiction — RepealedLinkCopy Citation
Regulation .06 Pleadings.LinkCopy Citation
A.
Complaint. Within 30 days after receipt of notice of the docketing of the appeal, the appellant shall file with the Appeals Board an original and three copies of a complaint setting forth simple, concise, and direct statements of each of its claims alleging the basis, with appropriate reference to contract provisions, for each claim and the dollar amount claimed. This pleading shall fulfill the generally recognized requirements of a complaint.
B.
Answer. Within 30 days from receipt of the complaint, the respondent shall prepare and file with the Appeals Board an original and three copies of an answer, setting forth simple, concise, and direct statements of the respondent's defenses to each claim asserted by appellant. This pleading shall fulfill the generally recognized requirements of an answer, and shall set forth any affirmative defenses available.
Regulation .07 Amendment of Pleadings or Record.LinkCopy Citation
The Appeals Board, upon its own initiative or upon application by a party, may order a party to make a more definite statement of the complaint or answer, or reply to an answer. Within the proper scope of the appeal, the Appeals Board may permit either party to amend its pleading upon conditions just to both parties. When issues within the proper scope of the appeal, but not raised by the pleadings or the documentation described in Regulation .04 are tried by express or implied consent of the parties, or by permission of the Appeals Board, they shall be treated in all respects as if they had been raised. In these instances, motions to amend the pleadings to conform to the proof may be entered, but are not required. If evidence is objected to at a hearing on the ground that it is not within the issues raised by the pleadings or the appeal file documentation (which shall be deemed part of the pleadings for this purpose), it may be admitted within the proper scope of the appeal, except that the objecting party may be granted a continuance if necessary to enable him to meet the evidence.
Regulation .08 Hearing — Election.LinkCopy Citation
Within 5 working days of State government after the filing of the respondent’s answer or the notice referred to in the last sentence of Regulation .06B of this chapter, each party shall advise the Appeals Board in writing whether it desires a hearing, or whether, in the alternative, it elects to submit its appeal on the record without a hearing as prescribed in Regulation .11 of this chapter. Failure to request a hearing shall be deemed a waiver, and the appeal shall be decided on the record. The Board may, at its own discretion, hold a hearing on any issue in dispute.
Regulation .09 Prehearing Briefs.LinkCopy Citation
The Appeals Board may require the parties to submit prehearing briefs in any appeal in which a hearing has been elected pursuant to Regulation .08 of this chapter. In the absence of an Appeals Board requirement for this, either party may furnish a prehearing brief to the Appeals Board, upon appropriate and sufficient notice to the other party, at least 30 days before the date set for the hearing. When a prehearing brief is submitted, it shall be furnished so as to be received by the Appeals Board at least 15 days before the date set for the hearing, and a copy simultaneously shall be furnished to the other party. Prehearing briefs shall not exceed 15 8.5 x 11 inch typewritten double-spaced pages, excluding exhibits thereto.
Regulation .10 Prehearing or Presubmission Conference.LinkCopy Citation
A.
Whether the appeal is to be submitted pursuant to Regulation .11 of this chapter or heard pursuant to Regulation .08 of this chapter, the Appeals Board may, upon its own initiative or upon the request of either party, arrange a telephone conference or call upon the parties to appear before a member of the Appeals Board for a conference to consider:
(1)
The simplification or clarification of the issues;
(2)
The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record, or similar agreements which will avoid unnecessary proof;
(3)
The limitation of the number of expert witnesses, or avoidance of similar cumulative evidence, if the appeal is to be heard;
(4)
The possibility of agreement disposing of all or any of the issues in dispute; and
(5)
Other matters that may aid in the disposition of the appeal.
B.
If a Prehearing Conference is scheduled, the parties shall submit a Prehearing Conference Report not less than 7 days prior to the Prehearing Conference, and a copy shall be provided to the opposing party or parties. The Prehearing Conference Report shall follow the form and include the information set forth in MD Rule 2-504.2.
C.
The results of the conference shall be reduced to writing by the Appeals Board member, and this writing shall constitute part of the record.
Regulation .11 Submission Without a Hearing.LinkCopy Citation
Either party may elect to waive a hearing and to submit its appeal upon the record before the Appeals Board, as settled pursuant to Regulation .13 of this chapter. As agreed to by the parties, affidavits, depositions, and answers to interrogatories may be employed to supplement other documentary evidence in the Appeals Board record. The Appeals Board may permit the submission to be further supplemented by oral argument (transcribed if requested), and by briefs arranged in accordance with COMAR 21.10.05.12. Submission of an appeal without hearing does not relieve the parties from the necessity of proving the facts supporting their claims or defenses.
Regulation .12 Optional “Small Claims” Procedures.LinkCopy Citation
A.
These procedures are available solely at the election of the appellant.
B.
Election to Use “Small Claims” Procedures.
(1)
In an appeal where the amount in dispute is $100,000 or less, the appellant may elect to have the appeal processed under a “Small Claims” procedure requiring decision of the appeal, when possible, within 150 days after the Appeals Board receives written notice of the appellant’s election to use this procedure. The details of this procedure appear in §C of this regulation.
(2)
The appellant's election of the “Small Claims” procedure must be made by written notice within 10 days after receipt of the notice of docketing unless this period is extended by the Appeals Board for good cause. The election may not be withdrawn except with permission of the Appeals Board and for good cause.
(3)
In deciding whether the “Small Claims” procedure is applicable to a given appeal, the Appeals Board shall determine the amount in dispute.
C.
“Small Claims” Procedure.
(1)
Promptly upon receipt of an appellant's election of the “Small Claims” procedure, the assigned Appeals Board member shall take the following actions, if feasible, in an informal meeting or a telephone conference with both parties:
(a)
Identify and simplify the issues;
(b)
Establish a simplified procedure appropriate to the particular appeal involved;
(c)
Determine whether either party wants a hearing and, if so, fix a time and place for a hearing;
(d)
Require the procurement officer, through the Office of the Attorney General, to furnish all correspondence between the parties pertinent to the appeal, including the letter or letters of claim in response to which the agency final action was issued; and
(e)
Establish an expedited schedule for resolution of the appeal.
(2)
Pleadings, discovery, and other prehearing activity will be allowed only as consistent with the requirement to conduct the hearing on the date scheduled or, if no hearing is scheduled, to close the record on a date that will allow a decision within the 150-day limit. The Appeals Board may impose shortened time periods for actions prescribed or allowed under these regulations as necessary to enable the Appeals Board to decide the appeal within the 150-day limit, and may reserve 30 days for the preparation of the decision.
(3)
Written decisions by the Appeals Board in appeals processed under the “Small Claims” procedure will be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Appeals Board by a single member. If there has been a hearing, the Appeals Board member presiding at the hearing may, at the conclusion of the hearing and after hearing such oral arguments as deemed appropriate, render on the record oral summary findings of fact, conclusions, and a decision of the appeal. If an oral decision is rendered, the Appeals Board shall subsequently furnish to the parties a typed copy of the oral decision for the record and to establish the starting date for the period for filing a motion for reconsideration.
(4)
A decision issued under this regulation shall have no value as precedent.
(5)
Proposed decisions as provided for under Regulation .26 of this chapter, may not be issued for appeals decided under the “Small Claims” procedure.
Regulation .13 Settling the Record.LinkCopy Citation
A.
The record upon which the Appeals Board's decision is rendered consists of the documents considered under Regulations .04 and .12 of this chapter and, to the extent the following items have been filed, pleadings, prehearing and conference memoranda or orders, prehearing briefs, depositions or interrogatories received in evidence, admissions, stipulations, transcripts of conferences and hearings, hearing exhibits, post hearing briefs, exceptions taken and arguments made pursuant to any proposed decision, and documents that the Appeals Board has specifically designated be made a part of the record. The record will be available at all reasonable times for inspection by the parties at the office of the Appeals Board.
B.
Except as the Appeals Board may otherwise order, no proof may be received in evidence after completion of an oral hearing, or, in appeals submitted on the record, after notification by the Appeals Board that the appeal is ready for decision.
C.
The weight to be attached to any evidence of record rests within the sound discretion of the Appeals Board. The Appeals Board may require either party, with appropriate notice to the other party, to submit additional evidence on a matter relevant to the appeal.
Regulation .14 Depositions and Discovery.LinkCopy Citation
A.
Scope of Discovery. In general, unless otherwise ordered by the Appeals Board, parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the appeal:
(1)
Whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of the other party;
(2)
Including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things;
(3)
Including any information of the witness or party, however obtained, as to the identity and location of persons having knowledge of any discoverable matter;
(4)
Whether or not any of these matters is already known to or otherwise obtainable by the party seeking discovery; and
(5)
Whether or not the information will be inadmissible at the hearing, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
B.
Hearing Preparation — Materials.
(1)
Subject to the provisions of §C of this regulation, a party may not obtain discovery of documents and tangible things prepared in anticipation of litigation or for hearing by or for another party or by or for that other party's representative (including the party’s attorney, consultant, or surety) except upon a showing that:
(a)
The materials are otherwise discoverable under §A of this regulation;
(b)
The party seeking discovery has substantial need of the materials in the preparation of its appeal; and
(c)
The party seeking discovery is unable without undue hardship to obtain the substantial equivalent of the materials by other means.
(2)
In ordering discovery of the materials when the required showing has been made, the Appeals Board shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
C.
Hearing Preparation — Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provision of §A of this regulation and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:
(1)
Through interrogatories, a party may require the other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Upon motion, the Appeals Board may order further discovery by other means, subject to restrictions as to scope and, pursuant to §C(3) of this regulation, provisions concerning fees and expenses, that the Board deems appropriate.
(2)
A party may not discover facts known or opinions held by an expert who has been retained or specially employed by the other party in anticipation of litigation or preparation for hearing and who is not expected to be called as a witness at the hearing, except upon a showing of circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.
(3)
Unless manifest injustice would result, the Appeals Board shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under §C(1) and (2) of this regulation. With respect to discovery obtained under §C(1), the Appeals Board may require, and with respect to discovery obtained under §C(2), the Appeals Board shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.
D.
When Depositions Permitted. After an appeal has been docketed and a complaint filed, the parties may mutually agree to, or the Appeals Board may, in response to a motion to compel, order the taking of testimony of any person by deposition upon oral examination or written interrogatories before an officer authorized to administer oaths at the place of examination, for the purpose of discovery, or for use as evidence in the appeal, or for both purposes.
E.
Designation of Person to Testify. A party, by written notice to opposing counsel, may name as the deponent a public or private corporation, a partnership, an association, an LLC, or other entity or government agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify.
F.
Orders on Depositions. The time, place, and manner of taking depositions shall be as mutually agreed by the parties, or failing agreement, governed by order of the Appeals Board.
G.
Expenses. Except as provided for in §C(3) of this regulation, each party shall bear its own expenses associated with the taking of any deposition.
H.
Protective Orders. The Appeals Board may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Those orders may include limitations on the scope, method, time, and place for discovery, and provisions for protecting the secrecy of confidential information or documents.
I.
Deposition — Use; General.
(1)
When May be Used. At the evidentiary hearing or in support of a motion, any part or all of a deposition, so far as admissible under the rules of evidence, applied as though the witness was present and testifying may be used in accordance with any one of the following provisions:
(a)
Contradiction and Impeachment. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(b)
By Adverse Party. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under §E of this chapter, to testify on behalf of a public or private corporation, partnership, association, LLC, or other entity or government agency which is a party may be used by an adverse party for any purpose.
(c)
Witness Not Available — Exceptional Circumstances. The deposition of a witness, whether or not a party, may be used by any party for any purpose against the other party provided the latter party was present or represented at the taking of the deposition or had due notice thereof, if the Appeals Board finds:
(i)
That the witness is dead;
(ii)
That the witness is out of the State, unless it appears that the absence of the witness was procured by the party offering the deposition;
(iii)
That the witness is unable to testify because of age, mental incapacity, sickness, infirmity, or imprisonment; or
(iv)
Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(d)
Use of Part of Deposition. If only part of a deposition is offered in evidence by a party, the other party may require him to introduce any other part which ought in fairness to be considered with the part introduced.
(e)
Deposition Taken in Previous Action — Substitution of Party. Substitution of a party does not affect the right to use depositions previously taken. When an action in any court of this State has been dismissed and another action involving the same subject matter is afterward brought to the Appeals Board by the same parties, or their representatives or successors in interest, all depositions lawfully taken in the former action may be used in the latter as if originally taken therefor.
(2)
Effect of Deposition. A party is not deemed to make a person the party’s own witness for any purpose by taking the person’s deposition. The introduction in evidence of the deposition or any part of it for any purpose other than as permitted in §I(1)(a) and (b) of this regulation makes the deponent the witness of the party introducing the deposition. At the hearing, any party may rebut any relevant evidence contained in a deposition whether introduced by that party or the other party.
Regulation .15 Interrogatories to Parties, Admission of Facts, and Production and Inspection of Documents.LinkCopy Citation
A.
Interrogatories to Parties.
(1)
After an appeal has been filed with the Appeals Board, a party may serve on the other party written interrogatories to be answered separately in writing, signed under oath by the person making the answer, and returned within 30 days, or another time period that is agreed to by the parties. All answers to interrogatories shall be prepared in the following form:
(a)
The interrogatory in full;
(b)
The answer in full, if any, filed to it; and
(c)
The basis for any exception taken.
(2)
A party may not, without leave of the Appeals Board, serve more than two sets of interrogatories or more than 30 interrogatories (including interrogatories subsidiary or incidental to, or dependent upon other interrogatories, however grouped, combined or arranged) except as provided in §A(3) of this regulation.
(3)
Supplementation of Responses. Except in the case of a deposition, a party who has responded to a request or order for discovery and who obtains further material information before hearing shall supplement the response promptly.
(4)
At the hearing, the answers may be used to the extent permitted by the Maryland Rules of Evidence.
B.
Admission of Facts. After an appeal has been filed with the Appeals Board, a party may serve upon the other party a request for the admission of specified facts. Within 30 days after service, or such other time period as agreed by the parties, the party served shall answer each requested fact or file objections. The factual propositions set out in the request shall be deemed admitted upon the failure of a party to respond to the request for admission.
C.
Production and Inspection of Documents. After an appeal has been filed with the Appeals Board, a party may serve upon the other party a request for production, inspection, and copying of any documents or objects not privileged, which reasonably may lead to the discovery of admissible evidence. Within 30 days after service, or such other time period as agreed by the parties, the party served shall produce for inspection and copying the documents requested or set forth appropriate grounds for objection.
Regulation .16 Service of Papers.LinkCopy Citation
All copies of complaints, answers, and briefs shall be filed directly with the Appeals Board. A party filing any other paper with the Appeals Board shall mail or personally deliver a copy to the opposing party, certifying on the paper filed with the Appeals Board, or on the letter transmitting it, that a copy has been furnished.
Regulation .17 Hearings — Where and When Held — Repealed.LinkCopy Citation
Regulation .18 Notice of Hearings — Repealed.LinkCopy Citation
Regulation .19 Unexcused Absence of a Party — Repealed.LinkCopy Citation
Regulation .20 Hearings: Nature, Examination of Witnesses — Repealed.LinkCopy Citation
Regulation .21 Copies of Papers — Repealed.LinkCopy Citation
Regulation .22 Post Hearing Briefs — Repealed.LinkCopy Citation
Regulation .23 Transcript of Proceedings — Repealed.LinkCopy Citation
Regulation .24 Withdrawal of Exhibits — Repealed.LinkCopy Citation
Regulation .25 Suspension of Proceedings.LinkCopy Citation
If it appears that appellant and respondent are in agreement as to the disposition of the controversy or are actively negotiating an agreement, the parties may file a consent motion requesting the Appeals Board to suspend further processing of the appeal, except that, if the Appeals Board is advised thereafter by either party that the controversy has not been disposed of by agreement, the appeal shall be restored to the Appeals Board's calendar without loss of position, if possible.
Regulation .26 Proposed Decisions.LinkCopy Citation
A.
When Required. In those appeals (except those submitted pursuant to Regulations .11 and .12 of this chapter) where a majority of the Appeals Board members who are to render a decision have not heard the evidence adduced at hearing, the decision of the Appeals Board, if adverse to the appellant, may not be issued until a proposed decision, including findings of fact and conclusions of law, has been served upon the parties. Within 30 days from receipt of this proposed decision, either party may file written exceptions and request oral argument before a majority of the Appeals Board members who are to render the decision. A copy of the exceptions or request for oral argument, or both, shall be served on opposing counsel who shall have 15 days from receipt to respond.
B.
Form of Written Exceptions to Proposed Decision. Written exceptions shall specifically set forth the proposed finding of fact or conclusion of law being excepted to and those portions of the record or applicable law, or both, which are contrary to the proposed finding or conclusion of law specified.
C.
Receipt of Further Evidence. Except as the Appeals Board may otherwise order, no proof may be received in evidence in support of any exception taken to the proposed decision.
D.
Provision for Oral Argument. Requests by either party to appear and offer oral argument to a majority of the Appeals Board members who will issue the formal decision will be granted as a matter of right, provided that a written request is filed within 30 days from the date of receipt of the proposed decision. The parties thereafter shall be given notice of the time and place set for the argument.
Regulation .27 Formal Decision.LinkCopy Citation
Decisions of the Appeals Board will be made in writing and authenticated copies will be forwarded simultaneously to both parties. Except as provided for in Regulation .12 of this chapter, the decision of a majority of three Appeals Board members shall constitute the decision of the Appeals Board. Decisions of the Appeals Board will be based solely upon the record, as described in Regulation .13 of this chapter. The regulations of the Appeals Board and all final orders and decisions shall be open for public inspection at the Appeals Board’s office. For purposes of judicial review as provided for under State Finance and Procurement Article, §15-223, and State Government Article, §10-222, Annotated Code of Maryland, and Title 7, Chapter 200 of the Md. Rules, an action of the Appeals Board shall be deemed final 30 days from the date of receipt by the parties of the Appeals Board’s decision under this regulation or, in the event of a motion for reconsideration, from the date of receipt by the parties of the Appeals Board's ruling thereon.
Regulation .28 Motion for Reconsideration — Repealed.LinkCopy Citation
Regulation .29 Dismissal Without Prejudice.LinkCopy Citation
In certain cases, appeals docketed before the Appeals Board are required to be placed in a suspense status and the Appeals Board is unable to proceed with the disposition of them for reasons not within its control. If the suspension has continued, or it appears that it will continue, for an inordinate length of time, the Appeals Board may dismiss these appeals from its docket without prejudice to their restoration when the cause of suspension has been removed. Unless either party or the Appeals Board acts within 3 years to reinstate any appeal dismissed without prejudice, the dismissal shall be deemed with prejudice.
Regulation .30 Dismissal for Failure to Prosecute.LinkCopy Citation
If a record discloses the failure of either party to file documents required by these regulations, respond to notices or correspondence from the Appeals Board, comply with orders of the Appeals Board, or otherwise indicates an intention not to continue the prosecution or defense of an appeal, the Appeals Board may issue an order requiring the offending party to show cause why the appeal should not be either dismissed or granted, as appropriate. If the offending party fails to show cause, the Appeals Board may take such action as it deems reasonable and proper under the circumstances.
Regulation .31 Sanctions — Repealed.LinkCopy Citation
Regulation .32 Costs Incurred by Contractor.LinkCopy Citation
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.
Chapter annotations
Authority: State Finance and Procurement Article, §§12-101 and 15-210—15-223, Annotated Code of Maryland
History: Effective date: July 1, 1981 (8:13 Md. R. II-5)
History: Regulations .25 and .26 repealed effective October 10, 1983 (10:20 Md. R. 1791)
History: Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)
History: Regulation .02B amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .03 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .04 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .05 repealed effective August 24, 2020 (47:17 Md. R. 797)
History: Regulation .08 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .09 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .10 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .12B amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .12C, D amended effective August 24, 2020 (47:17 Md. R. 797)
History: Regulation .12E repealed effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .14D, E, I amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .15A, C amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .16 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .17 amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .20A amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .22C, D amended effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .27 amended effective May 7, 2018 (45:9 Md. R. 463); August 24, 2020 (47:17 Md. R. 797)
History: Regulation .28 repealed effective May 7, 2018 (45:9 Md. R. 463)
History: Regulation .32 adopted effective November 18, 1996 (23:23 Md. R. 1556)
History: Regulation .01B amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .03A amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .04A, E amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .06 amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .08 amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .09 amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .10A amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .11 amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .12 amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .12 amended effective December 12, 2024 (51:24 Md. R. 1082)
History: Regulation .13A, B amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .14 amended effective April 18, 2022 (49:8 Md. R. 500)
History: Regulation .14B, C amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .15A amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulations .17—.24 repealed as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); repealed permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .25 amended as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); amended permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .31 repealed as an emergency provision effective September 9, 2021 (48:21 Md. R. 883); emergency status extended to July 3, 2022 (49:3 Md. R. 137); repealed permanently effective February 21, 2022 (49:4 Md. R. 302)
History: Regulation .32 amended effective March 17, 2025 (52:5 Md. R. 239)