Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES
Chapter 21.10.02 - Protests
Section 21.10.02.11 - Awards of Contracts Pending Protests and Appeals
Universal Citation: MD Code Reg 21.10.02.11
Current through Register Vol. 51, No. 6, March 22, 2024
A. If the authority to award a contract has not been delegated to a department pursuant to COMAR 21.02.01.04 a, and a timely protest or appeal has been filed, the contract may be executed only if either:
(1) The Board of Public Works finds that
execution of the contract without delay is necessary to protect substantial
State interests; or
(2) The Appeals
Board issues a final decision concerning the appeal. If a contract is to be
executed pursuant to §A(1) of this regulation, the procurement agency
shall so notify the Appeals Board.
B. If the authority to award a contract has been delegated to a department pursuant to COMAR 21.02.01.04 a, and a timely protest or appeal has been filed, the contract may be executed only if either:
(1) The head of the procurement agency or
designee makes a determination that execution of the contract without delay is
necessary to protect substantial State interests; or
(2) The Appeals Board issues a final decision
concerning the appeal. If a contract is to be executed pursuant to §B(1)
of this regulation, the procurement agency shall notify the Appeals Board of
its action and shall also advise the Board of Public Works by appropriate
notation when the item is reported to the Board on the department's Procurement
Agency Activity Report (PAAR).
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