Maryland 2024 Regular Session

Maryland Senate Bill SB667 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 821
2	1
3		-	– 1 –
4		-	Chapter 821
5		-	(Senate Bill 667)
6	2
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	+	sb0667
8	9
9		-	State Procurement – Maryland State Board of Contract Appeals – Attorney’s
10		-	Fees
	10	+	SENATE BILL 667
	11	+	P2 4lr2509
	12	+	CF HB 292
	13	+	By: Senator Charles
	14	+	Introduced and read first time: January 29, 2024
	15	+	Assigned to: Budget and Taxation
	16	+	Committee Report: Favorable with amendments
	17	+	Senate action: Adopted
	18	+	Read second time: February 26, 2024
11	19
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.
	20	+	CHAPTER ______
21	21
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)
	22	+	AN ACT concerning 1
27	23
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)
	24	+	State Procurement – Maryland State Board of Contract Appeals – Attorney’s 2
	25	+	Fees 3
33	26
34		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35		-	That the Laws of Maryland read as follows:
	27	+	FOR the purpose of requiring authorizing the Maryland State Board of Contract Appeals 4
	28	+	to award a prospective bidder or offeror, a bidder, or an offeror an interested party 5
	29	+	reasonable costs of filing and pursuing a protest, including attorney’s fees, if an 6
	30	+	appeal is sustained and there is a violation of law or regulation; requiring 7
	31	+	authorizing the Maryland State Board of Contract Appeals to award a contractor 8
	32	+	under any State contract the reasonable costs of filing and pursuing a claim, 9
	33	+	including attorney’s fees, if procurement unit personnel act the unit acts in bad faith, 10
	34	+	without justification, or in violation of law or regulation; and generally relating to 11
	35	+	State procurement contract claims and appeals. 12
36	36
37		-	Article – State Finance and Procurement
	37	+	BY repealing and reenacting, without amendments, 13
	38	+	Article – State Finance and Procurement 14
	39	+	Section 15–201 15
	40	+	Annotated Code of Maryland 16
	41	+	(2021 Replacement Volume and 2023 Supplement) 17
38	42
39		-	15–201.
	43	+	BY repealing and reenacting, with amendments, 18
	44	+	Article – State Finance and Procurement 19
	45	+	Section 15–215, 15–221.1, and 15–221.2 20
	46	+	Annotated Code of Maryland 21
	47	+	(2021 Replacement Volume and 2023 Supplement) 22
	48	+	2 SENATE BILL 667
40	49
41		-	In this subtitle, “Appeals Board” means the Maryland State Board of Contract
42		-	Appeals.
43	50
44		-	15–215.
	51	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	52	+	That the Laws of Maryland read as follows: 2
45	53
46		-	(a) In this Part III of this subtitle the following words have the meanings
47		-	indicated.
	54	+	Article – State Finance and Procurement 3
48	55
49		-	~~(b) (1) “Contract claim” means a claim that relates to a procurement contract~~. ~~Ch. 821 2024 LAWS OF MARYLAND~~
	56	+	15–201. 4
50	57
51		-	– 2 –
	58	+	In this subtitle, “Appeals Board” means the Maryland State Board of Contract 5
	59	+	Appeals. 6
52	60
53		-	(2) “Contract claim” includes a claim about the performance, breach,
54		-	modification, or termination of the procurement contract.
	61	+	15–215. 7
55	62
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 CONTRACT , OR BY THE PROTEST .
	63	+	(a) In this Part III of this subtitle the following words have the meanings 8
	64	+	indicated. 9
59	65
60		-	[(c)] (D) (1) “Protest” means a complaint that relates to the formation of a
61		-	procurement contract.
	66	+	(b) (1) “Contract claim” means a claim that relates to a procurement contract. 10
62	67
63		-	(2) “Protest” includes a complaint about:
	68	+	(2) “Contract claim” includes a claim about the performance, breach, 11
	69	+	modification, or termination of the procurement contract. 12
64	70
65		-	(i) the qualifications of a bidder or offeror; or
	71	+	(C) “INTERESTED PARTY ” MEANS AN ACTUAL OR A PROSPECTIVE BIDDER , 13
	72	+	OFFEROR, OR CONTRACTOR THAT M AY BE AGGRIEVED BY T HE SOLICITATION OR 14
	73	+	AWARD OF A CONTRACT , OR BY THE PROTEST . 15
66	74
67		-	(ii) the determination of the successful bidder or offeror.
	75	+	[(c)] (D) (1) “Protest” means a complaint that relates to the formation of a 16
	76	+	procurement contract. 17
68	77
69		-	~~15–221.1.~~
	78	+	(2) “Protest” includes a complaint about: 18
70	79
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:
	80	+	(i) the qualifications of a bidder or offeror; or 19
75	81
76		-	(1) the prospective bidder or offeror, bidder, or offeror INTERESTED
77		-	PARTY appeals the final action of an agency on a protest;
	82	+	(ii) the determination of the successful bidder or offeror. 20
78	83
79		-	(2) the [Board of Contract Appeals] APPEALS BOARD sustains the appeal;
80		-	and
	84	+	15–221.1. 21
81	85
82		-	(3) the [Board of Contract Appeals] APPEALS BOARD finds that there has
83		-	been a violation of law or regulation.
	86	+	(a) The [Board of Contract Appeals may] APPEALS BOARD SHALL MAY award 22
	87	+	a prospective bidder or offeror, a bidder, or an offeror AN INTERESTED PARTY the 23
	88	+	reasonable costs of filing and pursuing a protest, [not] including REASONABLE attorney’s 24
	89	+	fees, if: 25
84	90
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.
	91	+	(1) the prospective bidder or offeror, bidder, or offeror INTERESTED 26
	92	+	PARTY appeals the final action of an agency on a protest; 27
88	93
89		-	15–221.2.
	94	+	(2) the [Board of Contract Appeals] APPEALS BOARD sustains the appeal; 28
	95	+	and 29
	96	+	SENATE BILL 667 3
90	97
91		-	(a) This section [only] applies to a claim resulting under a contract [for
92		-	construction].
93	98
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. 821
	99	+	(3) the [Board of Contract Appeals] APPEALS BOARD finds that there has 1
	100	+	been a violation of law or regulation. 2
97	101
98		-	– 3 –
99		-	FINDS THAT THE CONDU CT OF THE UNIT 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	+	(b) The [Board of Contract Appeals] APPEALS BOARD shall adopt regulations to 3
	103	+	implement this section and to determine what constitutes reasonable costs of filing and 4
	104	+	pursuing a protest. 5
102	105
103		-	~~(c) The Appeals Board shall adopt regulations to implement this section~~.
	106	+	15–221.2. 6
104	107
105		-	SECTION ~~2. AND BE IT FURTHER ENACTED,~~ ~~That this Act shall take effect~~
106		-	~~October 1, 2024~~.
	108	+	(a) This section [only] applies to a claim resulting under a contract [for 7
	109	+	construction]. 8
107	110
108		-	Approved by the Governor, May 16, 2024.
	111	+	(b) The Appeals Board [may] SHALL award to a contractor the reasonable costs 9
	112	+	of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board 10
	113	+	finds that the conduct of unit personnel, WITH OR WITHOUT A PR OCUREMENT OFFICER , 11
	114	+	FINDS THAT THE CONDU CT OF THE UNIT in processing a contract claim is in bad faith 12
	115	+	[or], without substantial justification, OR CONTRARY TO ANY PROVISION OF THIS 13
	116	+	DIVISION II. IN VIOLATION OF LAW . 14
	117	+
	118	+	(c) The Appeals Board shall adopt regulations to implement this section. 15
	119	+
	120	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
	121	+	October 1, 2024. 17
	122	+
	123	+
	124	+
	125	+	Approved:
	126	+	________________________________________________________________________________
	127	+	Governor.
	128	+	________________________________________________________________________________
	129	+	President of the Senate.
	130	+	________________________________________________________________________________
	131	+	Speaker of the House of Delegates.