MD
Maryland House Bill HB292

Maryland 2024 Regular Session

Maryland House Bill HB292 Compare Versions

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1- WES MOORE, Governor Ch. 820
21
3-– 1 –
4-Chapter 820
5-(House Bill 292)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0292*
89
9-State Procurement – Maryland State Board of Contract Appeals – Attorney’s
10-Fees
10+HOUSE BILL 292
11+P2 4lr1651
12+ CF SB 667
13+By: Delegate Kerr Delegates Kerr, Alston, Bagnall, Bhandari, Chisholm, Cullison,
14+Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kipke, R. Lewis, Lopez,
15+Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg, Szeliga, Taveras,
16+White Holland, and Woods
17+Introduced and read first time: January 12, 2024
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: February 20, 2024
1122
12-FOR the purpose of requiring authorizing the Maryland State Board of Contract Appeals
13-to award a prospective bidder or offeror, a bidder, or an offeror an interested party
14-reasonable costs of filing and pursuing a protest, including attorney’s fees, if an
15-appeal is sustained and there is a violation of law or regulation; requiring
16-authorizing the Maryland State Board of Contract Appeals to award a contractor
17-under any State contract the reasonable costs of filing and pursuing a claim,
18-including attorney’s fees, if procurement unit personnel act the unit acts in bad faith,
19-without justification, or in violation of law or regulation; and generally relating to
20-State procurement contract claims and appeals.
23+CHAPTER ______
2124
22-BY repealing and reenacting, without amendments,
23- Article – State Finance and Procurement
24-Section 15–201
25- Annotated Code of Maryland
26- (2021 Replacement Volume and 2023 Supplement)
25+AN ACT concerning 1
2726
28-BY repealing and reenacting, with amendments,
29- Article – State Finance and Procurement
30-Section 15–215, 15–221.1, and 15–221.2
31- Annotated Code of Maryland
32- (2021 Replacement Volume and 2023 Supplement)
27+State Procurement – Maryland State Board of Contract Appeals – Attorney’s 2
28+Fees 3
3329
34- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35-That the Laws of Maryland read as follows:
30+FOR the purpose of requiring authorizing the Maryland State Board of Contract Appeals 4
31+to award a prospective bidder or offeror, a bidder, or an offeror an interested party 5
32+reasonable costs of filing and pursuing a protest, including attorney’s fees, if an 6
33+appeal is sustained and there is a violation of law or regulation; requiring 7
34+authorizing the Maryland State Board of Contract Appeals to award a contractor 8
35+under any State contract the reasonable costs of filing and pursuing a claim, 9
36+including attorney’s fees, if procurement unit personnel act the unit acts in bad faith, 10
37+without justification, or in violation of law or regulation; and generally relating to 11
38+State procurement contract claims and appeals. 12
3639
37-Article – State Finance and Procurement
40+BY repealing and reenacting, without amendments, 13
41+ Article – State Finance and Procurement 14
42+Section 15–201 15
43+ Annotated Code of Maryland 16
44+ (2021 Replacement Volume and 2023 Supplement) 17
3845
39-15–201.
46+BY repealing and reenacting, with amendments, 18
47+ Article – State Finance and Procurement 19
48+Section 15–215, 15–221.1, and 15–221.2 20 2 HOUSE BILL 292
4049
41- In this subtitle, “Appeals Board” means the Maryland State Board of Contract
42-Appeals.
4350
44-15–215.
51+ Annotated Code of Maryland 1
52+ (2021 Replacement Volume and 2023 Supplement) 2
4553
46- (a) In this Part III of this subtitle the following words have the meanings
47-indicated.
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
4856
49- (b) (1) “Contract claim” means a claim that relates to a procurement contract. Ch. 820 2024 LAWS OF MARYLAND
57+Article – State Finance and Procurement 5
5058
51-– 2 –
59+15–201. 6
5260
53- (2) “Contract claim” includes a claim about the performance, breach,
54-modification, or termination of the procurement contract.
61+ In this subtitle, “Appeals Board” means the Maryland State Board of Contract 7
62+Appeals. 8
5563
56- (C) “INTERESTED PARTY ” MEANS AN ACTUAL OR A PROSPECTIVE BIDDER ,
57-OFFEROR, OR CONTRACTOR THAT M AY BE AGGRIEVED BY T HE SOLICITATION OR
58-AWARD OF A CONT RACT, OR BY THE PROTEST .
64+15–215. 9
5965
60- [(c)] (D) (1) “Protest” means a complaint that relates to the formation of a
61-procurement contract.
66+ (a) In this Part III of this subtitle the following words have the meanings 10
67+indicated. 11
6268
63- (2) “Protest” includes a complaint about:
69+ (b) (1) “Contract claim” means a claim that relates to a procurement contract. 12
6470
65- (i) the qualifications of a bidder or offeror; or
71+ (2) “Contract claim” includes a claim about the performance, breach, 13
72+modification, or termination of the procurement contract. 14
6673
67- (ii) the determination of the successful bidder or offeror.
74+ (C) “INTERESTED PARTY ” MEANS AN ACTUAL OR A PROSPECTIVE BIDDER, 15
75+OFFEROR, OR CONTRACTOR THAT M AY BE AGGRIEVED BY T HE SOLICITATION OR 16
76+AWARD OF A CONTRACT , OR BY THE PROTEST . 17
6877
69-15–221.1.
78+ [(c)] (D) (1) “Protest” means a complaint that relates to the formation of a 18
79+procurement contract. 19
7080
71- (a) The [Board of Contract Appeals may] APPEALS BOARD SHALL MAY award
72-a prospective bidder or offeror, a bidder, or an offeror AN INTERESTED PARTY the
73-reasonable costs of filing and pursuing a protest, [not] including REASONABLE attorney’s
74-fees, if:
81+ (2) “Protest” includes a complaint about: 20
7582
76- (1) the prospective bidder or offeror, bidder, or offeror INTERESTED
77-PARTY appeals the final action of an agency on a protest;
83+ (i) the qualifications of a bidder or offeror; or 21
7884
79- (2) the [Board of Contract Appeals] APPEALS BOARD sustains the appeal;
80-and
85+ (ii) the determination of the successful bidder or offeror. 22
8186
82- (3) the [Board of Contract Appeals] APPEALS BOARD finds that there has
83-been a violation of law or regulation.
87+15–221.1. 23
8488
85- (b) The [Board of Contract Appeals] APPEALS BOARD shall adopt regulations to
86-implement this section and to determine what constitutes reasonable costs of filing and
87-pursuing a protest.
89+ (a) The [Board of Contract Appeals may] APPEALS BOARD SHALL MAY award 24
90+a prospective bidder or offeror, a bidder, or an offeror AN INTERESTED PARTY the 25
91+reasonable costs of filing and pursuing a protest, [not] including REASONABLE attorney’s 26
92+fees, if: 27
8893
89-15–221.2.
94+ (1) the prospective bidder or offeror, bidder, or offeror INTERESTED 28
95+PARTY appeals the final action of an agency on a protest; 29
96+ HOUSE BILL 292 3
9097
91- (a) This section [only] applies to a claim resulting under a contract [for
92-construction].
9398
94- (b) The Appeals Board [may] SHALL award to a contractor the reasonable costs
95-of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board
96-finds that the conduct of unit personnel, WITH OR WITHOUT A PR OCUREMENT OFFICER , WES MOORE, Governor Ch. 820
99+ (2) the [Board of Contract Appeals] APPEALS BOARD sustains the appeal; 1
100+and 2
97101
98-– 3 –
99-FINDS THAT THE CONDUCT OF THE U NIT in processing a contract claim is in bad faith
100-[or], without substantial justification, OR CONTRARY TO ANY PROV ISION OF THIS
101-DIVISION II. IN VIOLATION OF LAW .
102+ (3) the [Board of Contract Appeals] APPEALS BOARD finds that there has 3
103+been a violation of law or regulation. 4
102104
103- (c) The Appeals Board shall adopt regulations to implement this section.
105+ (b) The [Board of Contract Appeals] APPEALS BOARD shall adopt regulations to 5
106+implement this section and to determine what constitutes reasonable costs of filing and 6
107+pursuing a protest. 7
104108
105- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
106-October 1, 2024.
109+15–221.2. 8
107110
108-Approved by the Governor, May 16, 2024.
111+ (a) This section [only] applies to a claim resulting under a contract [for 9
112+construction]. 10
113+
114+ (b) The Appeals Board [may] SHALL award to a contractor the reasonable costs 11
115+of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board 12
116+finds that the conduct of unit personnel, WITH OR WITHOUT A PR OCUREMENT OFFICER , 13
117+FINDS THAT THE CONDU CT OF THE UNIT in processing a contract claim is in bad faith 14
118+[or], without substantial justification, OR CONTRARY TO ANY PROV ISION OF THIS 15
119+DIVISION II. IN VIOLATION OF LAW . 16
120+
121+ (c) The Appeals Board shall adopt regulations to implement this section. 17
122+
123+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
124+October 1, 2024. 19
125+
126+
127+
128+
129+Approved:
130+________________________________________________________________________________
131+ Governor.
132+________________________________________________________________________________
133+ Speaker of the House of Delegates.
134+________________________________________________________________________________
135+ President of the Senate.