EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 26, 2024
CHAPTER ______
AN ACT concerning 1
State Procurement – Maryland State Board of Contract Appeals – Attorney’s 2
Fees 3
FOR the purpose of requiring authorizing the Maryland State Board of Contract Appeals 4
to award a prospective bidder or offeror, a bidder, or an offeror an interested party 5
reasonable costs of filing and pursuing a protest, including attorney’s fees, if an 6
appeal is sustained and there is a violation of law or regulation; requiring 7
authorizing the Maryland State Board of Contract Appeals to award a contractor 8
under any State contract the reasonable costs of filing and pursuing a claim, 9
including attorney’s fees, if procurement unit personnel act the unit acts in bad faith, 10
without justification, or in violation of law or regulation; and generally relating to 11
State procurement contract claims and appeals. 12
BY repealing and reenacting, without amendments, 13
Article – State Finance and Procurement 14
Section 15–201 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – State Finance and Procurement 19
Section 15–215, 15–221.1, and 15–221.2 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2023 Supplement) 22
2 SENATE BILL 667
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – State Finance and Procurement 3
15–201. 4
In this subtitle, “Appeals Board” means the Maryland State Board of Contract 5
Appeals. 6
15–215. 7
(a) In this Part III of this subtitle the following words have the meanings 8
indicated. 9
(b) (1) “Contract claim” means a claim that relates to a procurement contract. 10
(2) “Contract claim” includes a claim about the performance, breach, 11
modification, or termination of the procurement contract. 12
(C) “INTERESTED PARTY ” MEANS AN ACTUAL OR A PROSPECTIVE BIDDER , 13
OFFEROR, OR CONTRACTOR THAT M AY BE AGGRIEVED BY T HE SOLICITATION OR 14
AWARD OF A CONTRACT , OR BY THE PROTEST . 15
[(c)] (D) (1) “Protest” means a complaint that relates to the formation of a 16
procurement contract. 17
(2) “Protest” includes a complaint about: 18
(i) the qualifications of a bidder or offeror; or 19
(ii) the determination of the successful bidder or offeror. 20
15–221.1. 21
(a) The [Board of Contract Appeals may] APPEALS BOARD SHALL MAY award 22
a prospective bidder or offeror, a bidder, or an offeror AN INTERESTED PARTY the 23
reasonable costs of filing and pursuing a protest, [not] including REASONABLE attorney’s 24
fees, if: 25
(1) the prospective bidder or offeror, bidder, or offeror INTERESTED 26
PARTY appeals the final action of an agency on a protest; 27
(2) the [Board of Contract Appeals] APPEALS BOARD sustains the appeal; 28
and 29
SENATE BILL 667 3
(3) the [Board of Contract Appeals] APPEALS BOARD finds that there has 1
been a violation of law or regulation. 2
(b) The [Board of Contract Appeals] APPEALS BOARD shall adopt regulations to 3
implement this section and to determine what constitutes reasonable costs of filing and 4
pursuing a protest. 5
15–221.2. 6
(a) This section [only] applies to a claim resulting under a contract [for 7
construction]. 8
(b) The Appeals Board [may] SHALL award to a contractor the reasonable costs 9
of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board 10
finds that the conduct of unit personnel, WITH OR WITHOUT A PR OCUREMENT OFFICER , 11
FINDS THAT THE CONDU CT OF THE UNIT in processing a contract claim is in bad faith 12
[or], without substantial justification, OR CONTRARY TO ANY PROVISION OF THIS 13
DIVISION II. IN VIOLATION OF LAW . 14
(c) The Appeals Board shall adopt regulations to implement this section. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2024. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.