EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0667*
SENATE BILL 667
P2 4lr2509
CF HB 292
By: Senator Charles
Introduced and read first time: January 29, 2024
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
State Procurement – Maryland State Board of Contract Appeals – Attorney’s 2
Fees 3
FOR the purpose of requiring the Maryland State Board of Contract Appeals to award a 4
prospective bidder or offeror, a bidder, or an offeror reasonable costs of filing and 5
pursuing a protest, including attorney’s fees, if an appeal is sustained and there is a 6
violation of law or regulation; requiring the Maryland State Board of Contract 7
Appeals to award a contractor under any State contract the reasonable costs of filing 8
and pursuing a claim, including attorney’s fees, if procurement unit personnel act in 9
bad faith, without justification, or in violation of law or regulation; and generally 10
relating to State procurement contract claims and appeals. 11
BY repealing and reenacting, without amendments, 12
Article – State Finance and Procurement 13
Section 15–201 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – State Finance and Procurement 18
Section 15–221.1 and 15–221.2 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – State Finance and Procurement 24
15–201. 25
2 SENATE BILL 667
In this subtitle, “Appeals Board” means the Maryland State Board of Contract 1
Appeals. 2
15–221.1. 3
(a) The [Board of Contract Appeals may] APPEALS BOARD SHALL award a 4
prospective bidder or offeror, a bidder, or an offeror the reasonable costs of filing and 5
pursuing a protest, [not] including REASONABLE attorney’s fees, if: 6
(1) the prospective bidder or offeror, bidder, or offeror appeals the final 7
action of an agency on a protest; 8
(2) the [Board of Contract Appeals] APPEALS BOARD sustains the appeal; 9
and 10
(3) the [Board of Contract Appeals] APPEALS BOARD finds that there has 11
been a violation of law or regulation. 12
(b) The [Board of Contract Appeals] APPEALS BOARD shall adopt regulations to 13
implement this section and to determine what constitutes reasonable costs of filing and 14
pursuing a protest. 15
15–221.2. 16
(a) This section [only] applies to a claim resulting under a contract [for 17
construction]. 18
(b) The Appeals Board [may] SHALL award to a contractor the reasonable costs 19
of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board 20
finds that the conduct of unit personnel, WITH OR WITHOUT A PR OCUREMENT OFFICER , 21
in processing a contract claim is in bad faith [or], without substantial justification, OR 22
CONTRARY TO ANY PROV ISION OF THIS DIVISION II. 23
(c) The Appeals Board shall adopt regulations to implement this section. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26