reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.04 - Disposition of Contractor Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The procurement officer may conduct discussions or negotiations regarding the
				contractor claim and, subject to approval by the reviewing authority and the
				Office of the Attorney General, and consistent with the budget and applicable
				law, may settle the claim. The settlement agreement shall be written, shall
				provide for an appropriate release, and shall be supported by a written
				determination of the procurement officer that the settlement is in the best
				interests of the State.
B. If
				discussions or negotiations are not conducted or if the contractor claim is not
				settled, the procurement officer shall prepare a recommended decision on the
				claim, which normally should contain:
(1) A
				description of the claim;
(2) A
				reference to pertinent contract provisions;
(3) A statement of factual areas of agreement
				or disagreement;
(4) A statement of
				the proposed decision, with supporting rationale; and
(5) A paragraph substantially as follows:
"This decision is the final action of this agency. This
				  decision may be appealed to the Maryland State Board of Contract Appeals in
				  accordance with Regulation .09 of this chapter. If you decide to take such an
				  appeal, you must mail or otherwise file a written notice of appeal with the
				  Appeals Board within 30 days from the date you receive this decision."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.05 - Filing of Claim by Procurement Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claim by a procurement agency shall be
				asserted by written notice to the contractor and the procurement officer
				explaining:
(1) The basis for the
				claim;
(2) To the extent known, the
				amount of claim or performance or other action required of the contractor;
				and
(3) The time within which the
				contractor shall provide a written response.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.06 - Review and Investigation of Procurement Agency Claim

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of a procurement agency's claim, the procurement
				  officer:
A. Shall investigate and
				review the facts pertinent to the claim;
B. May request additional information or
				substantiation through any appropriate procedure; and
C. Unless clearly inappropriate, may seek the
				advice of the Office of the Attorney General.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.07 - Contractor's Response to Procurement Agency Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. The contractor shall submit a written
				response to the procurement agency claim within 30 days of the receipt of the
				written notice. This period may be extended at the discretion and with the
				written consent of the procurement officer.
B. The written response shall state:
(1) Whether the contractor denies the
				procurement agency claim or the relief sought in whole or in part;
(2) The basis of any denial; and
(3) The factual areas of agreement or
				disagreement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.08 - Disposition of Procurement Agency Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. The procurement officer may conduct
				discussions or negotiations regarding the procurement agency claim and, subject
				to approval by the reviewing authority and the Office of the Attorney General,
				and consistent with the applicable law, may settle the claim.
B. The settlement agreement shall be written
				and shall be based upon a determination of the procurement officer that the
				settlement is in the best interests of the State.
C. If the contractor fails to respond,
				provides an inadequate response, or denies the procurement agency claim or the
				relief sought by the procurement agency in whole or in part, and the claim is
				not otherwise settled, the procurement officer shall prepare a recommended
				decision on the claim, which shall contain:
(1) A description of the claim;
(2) A reference to pertinent contract
				provisions;
(3) A statement of
				factual areas of agreement and disagreement;
(4) A statement of the proposed decision,
				with supporting rationale; and
(5)
				A paragraph that states substantially the following:
"This decision is the final action of this agency. This
				  decision may be appealed to the Maryland State Board of Contract Appeals in
				  accordance with COMAR
				  21.10.04.09 a. If you decide to
				  take such an appeal, you must mail or otherwise file a written notice of appeal
				  with the Appeals Board within 30 days from the date you receive this
				  decision."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.09 - Time for Filing Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				appeal to the Appeals Board shall be mailed or otherwise filed within 30 days
				of the receipt of notice of the final decision. The notice shall indicate that
				an appeal is intended, shall reference the decision from which the appeal is
				being taken, and shall identify the contract involved.
B. An appeal based upon a failure to reach a
				decision within the period prescribed in Regulation .04E of this chapter may be
				filed after the expiration of the prescribed period. If a procurement officer's
				decision is issued after the expiration of the prescribed period but before a
				notice of appeal is filed with the Appeals Board, §A of this regulation
				applies to any subsequent appeal.
C. A copy of the notice of appeal shall be
				furnished to the procurement officer.
D. An appeal received by the Appeals Board
				after the time prescribed in §A or B of this regulation may not be
				considered unless it was sent by registered or certified mail not later than
				the fifth day before the final date for filing an appeal as specified in
				§A or B of this regulation. A date affixed by postage meter will not be
				considered as evidence of the actual mailing date. The only acceptable evidence
				to establish the date of mailing shall be the U.S. Postal Service postmark on
				the wrapper or on the original receipt from the U.S. Postal Service. If the
				postmark is illegible, the appeal shall be deemed to have been filed when
				received by the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.10 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
The procedures in this chapter apply to all contract claims
				  filed after October 1, 2004 regardless of whether the contracts from which the
				  claims arise commenced before October 1, 2004.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.01 - Location of the Appeals Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mailing Address
				and Phone Number. The mailing address and the phone number of the Appeals Board
				are as follows:
Maryland State Board of Contract Appeals
William Donald Schaefer Tower
6 St. Paul Street, Suite 601
Baltimore, Maryland 21202-1608
(410) 767-8228
B. Electronic Filing Address. Documents may
				be filed electronically by sending them via email to efile.msbca@maryland.gov.
				The filing party is responsible for confirming receipt.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.02 - General Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Regulations.
				Appeals referred to the Appeals Board are handled in accordance with the
				procedural regulations of the Appeals Board.
B. Administration and Interpretation of
				Regulations. The regulations will be administered and interpreted so as to
				ensure a just and inexpensive determination of appeals without unnecessary
				delay.
C. Preliminary Procedures.
				Preliminary procedures are available to encourage full disclosure of relevant
				and material facts and to discourage unwarranted surprise. Participants in
				proceedings before the Appeals Board are encouraged to use these procedures in
				a voluntary, informal manner.
D. Ex
				Parte Communications. A member of the Appeals Board or of the Appeals Board's
				staff may not entertain, nor may any person directly or indirectly involved in
				an appeal submit to the Appeals Board or the Appeals Board's staff, off the
				record, any evidence, explanation, analysis, or advice, whether written or
				oral, regarding any matter at issue in an appeal. This provision does not apply
				to consultation among Appeals Board members or to ex parte communications
				concerning the Appeals Board's administrative functions or
				procedures.
E. Representation by
				Counsel. Whenever reference is made to contractor, protester, appellant,
				administrator, respondent, interested party, or parties, this shall include
				respective counsel for the parties, as soon as appropriate notices of
				appearance have been filed with the Appeals Board.
F. Pleadings.
(1) Caption and Title. Every pleading shall
				contain a caption setting forth the name of the Appeals Board, the title of the
				appeal, the number of the State contract or license application involved, and
				the docket number assigned by the Appeals Board. The caption for an initial
				pleading shall include the address of appellant. Under the caption shall be
				placed a statement of the nature of the pleading and the relief, if any,
				sought. The following illustrates the required format:
MARYLAND STATE BOARD OF CONTRACT APPEALS
IN THE APPEAL OF
XYZ CO.
100 Main Street
Baltimore, Maryland 21240
UNDER (Name of State Agency)
Contract/Solicitation/Application No.
DOCKET NO.
MSBCA 0000
(Nature of Pleading)
(2) Paper Size. Pleadings shall be on white
				standard letter size (8-1/2 x 11 inch) paper, without back or cover.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.03 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. An
				individual may appear before the Appeals Board in person, or may be represented
				by an attorney at law licensed in Maryland. Corporations, partnerships, joint
				ventures, LLCs, or other entities shall be represented by an attorney at law
				licensed in Maryland. The State shall be represented by an attorney designated
				by the Office of the Attorney General who shall be licensed in
				Maryland.
B. Out-of-State Attorney.
				An attorney specially admitted may act as co-counsel for a participant in a
				proceeding who also is represented by an attorney admitted to practice in this
				State. The specially admitted attorney may, upon motion, be permitted to
				participate in Appeals Board proceedings without being accompanied by Maryland
				counsel.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.04 - Appearance - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. How Made. An
				appearance may be made as follows:
(1) By
				filing a notice of appeal or any pleading;
(2) By filing with the Clerk of the Appeals
				Board a written notice of appearance;
(3) Orally, in any proceeding before the
				Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.05 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Upon written request of a participant in
				a proceeding before the Appeals Board, the Appeals Board shall issue a subpoena
				requiring:
(a) Testimony at a
				deposition;
(b) Testimony at a
				hearing;
(c) Production of books,
				papers, documents, or tangible things designated in the subpoena.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.06 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. Unless
				otherwise provided by this subtitle, this regulation applies to all motions
				filed with the Appeals Board.
B.
				Unless otherwise provided by this subtitle:
(1) A party may move for appropriate relief
				before or during a hearing.
(2) A
				party shall submit all motions in writing in accordance with §B(3) of this
				regulation or orally at a hearing.
(3) Written motions shall:
(a) Be filed as far in advance of the hearing
				as is practicable or in accordance with the. Appeals Board's Scheduling
				Order;
(b) State concisely the
				question to be determined;
(c) Be
				accompanied by any necessary supporting documentation and shall not exceed
				(motions and responses thereto) 25 8.5x11 inch pages, typewritten
				double-spaced, excluding exhibits thereto; and
(d) A motion and response thereto shall be
				filed with a Proposed Order that specifies the relief requested.
(4) A response to a written motion
				shall be filed within 15 working days of the State government after the date
				the motion was filed, or the day before the date of the hearing, whichever is
				earlier. The moving party may file a reply to the response to the motion. No
				further responses will be accepted. The reply shall be filed within 5 working
				days of the State government after the date the response was filed, or the day
				before the date of the hearing, whichever is earlier, and shall not exceed ten
				8.5 x 11 inch pages, typewritten and double-spaced, excluding exhibits thereto.
				Any party that desires to supplement its motion or response thereto must seek
				leave of the Appeals Board.
(5)
				Upon notice to all parties, the Appeals Board may schedule a hearing to
				consider a written motion.
(6) For
				a written or oral motion, the Appeals Board may:
(a) Issue a written decision;
(b) State the decision on the record;
				or
(c) State the decision on the
				record and issue a written opinion providing the basis for its decision at a
				later date.
(7) If a
				ruling on a motion is not stated on the record or the subject of a written
				decision, the ruling shall be included in the Appeals Board's proposed or final
				decision.
(8) The filing or
				pendency of a motion does not alter or extend any time limit.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.07 - Hearings - Where and When Held

Current through Register Vol. 51, No. 14, July 12, 2024
Hearings ordinarily will be held in the Baltimore, Maryland,
				  metropolitan area, except that, upon request reasonably made and upon good
				  cause shown, the Appeals Board may set the hearing at another location.
				  Hearings will be scheduled, and may be rescheduled, at the discretion of the
				  Appeals Board with due consideration to the regular order of appeals, the
				  requirements of COMAR
				  21.10.06.12 and COMAR
				  21.10.07.06, and other pertinent
				  factors. On request or motion by either party and upon good cause shown, the
				  Appeals Board may reschedule the date of a hearing.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.08 - Notice of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The parties shall be given at least 15 days notice of the
				  time and place set for hearings. In scheduling hearings, the Appeals Board will
				  give due regard to the desires of the parties and to the requirement for the
				  just and inexpensive determination of appeals without unnecessary delay.
				  Notices of hearings shall be promptly acknowledged by the
				  parties.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.09 - Unexcused Absence of a Party

Current through Register Vol. 51, No. 14, July 12, 2024
The unexcused absence of a party at the time and place set
				  for a hearing shall not be occasion for delay. In the event of an unexcused
				  absence, the hearing shall proceed, and the appeal will be regarded as
				  submitted by the absent party pursuant to COMAR
				  21.10.06.11 in appeals concerning
				  contract disputes or pursuant to COMAR
				  21.10.07.03 in appeals concerning
				  protests.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.10 - Hearings: Nature, Examination of Witnesses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nature of Hearings. Hearings shall be as
				informal as may be reasonable and appropriate under the circumstances.
				Appellant and respondent may offer at a hearing on the merits such relevant
				evidence as they deem appropriate, subject, however, to the sound discretion of
				the presiding member in supervising the extent and manner of presentation of
				this evidence, the guidelines set forth in State Government Article, Title 10,
				Subtitle 2, Annotated Code of Maryland, and applicable case law. In general,
				admissibility will hinge on relevancy and materiality. Letters or their copies,
				affidavits, or other evidence that may not be admissible under the Maryland
				Rules of Evidence may be admitted in the discretion of the presiding member.
				The weight to be attached to evidence presented in any particular form will be
				within the discretion of the Appeals Board, taking into consideration all the
				circumstances of the particular appeal. Stipulations of fact agreed upon by the
				parties may be regarded and used as evidence at the hearing. The parties may
				stipulate the testimony that would be given by a witness if the witness were
				present. The Appeals Board may in any appeal require evidence in addition to
				that offered by the parties.
B.
				Examination of Witnesses. Witnesses before the Appeals Board shall be examined
				orally under oath or affirmation, unless the facts are stipulated or the
				presiding member shall otherwise order.
C. Exchange of Exhibits. The parties are
				required, whenever possible, to exchange exhibits in advance of the hearing.
				When this is not possible, exhibits shall be exchanged so as to avoid both
				delay to the hearing and unwarranted surprise.
D. Voluntary Cooperation. Each party is
				expected to cooperate and make available witnesses and books, papers,
				documents, or tangible things under its control as needed for its own appeal or
				as requested by the other party, without issuance of an order, and to secure
				voluntary attendance of desired third-party books, papers, documents, or
				tangible things, whenever possible.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.11 - Copies of Papers

Current through Register Vol. 51, No. 14, July 12, 2024
When books, records, papers, or documents have been received
				  in evidence, a true copy of them, or of any part that may be material or
				  relevant, may be substituted during the hearing or at its
				  conclusion.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.12 - Post Hearing Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
				Briefs shall be compact, concise, logically arranged, and free from burdensome,
				irrelevant, immaterial, and scandalous matter. Briefs are required to contain a
				table of contents and tables of statutes, regulations, and cases
				cited.
B. Time of Submittal. Briefs
				shall be submitted at times and upon terms agreed upon by the parties and the
				presiding member, or as otherwise determined by the presiding member at the
				conclusion of the hearing.
C.
				Length of Briefs. Except by permission of the Appeals Board on motion,
				principal briefs shall not exceed 25 8.5" x 11" inch pages, typewritten
				double-spaced, exclusive of any table of contents and tables of statutes,
				regulations, and cases cited.
D.
				Number of Copies Required for Submittal. For each brief, one original plus
				three copies and one electronic copy in a format specified by the Clerk shall
				be submitted to the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.13 - Transcript of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
Testimony and argument at hearings shall be reported
				  verbatim, unless the Appeals Board otherwise orders. Each party shall be
				  responsible both for arranging with the reporter to obtain a copy of the
				  transcript and for the cost thereof.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.14 - Withdrawal of Exhibits

Current through Register Vol. 51, No. 14, July 12, 2024
After a decision has become final, the Appeals Board may,
				  upon request and after notice to the other party, permit withdrawal of original
				  exhibits, or any part of them, by the entitled party. The substitution of true
				  copies of exhibits, or any part of them, may be required by the Appeals Board
				  as a condition of granting permission for withdrawal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.05 - Maryland State Board of Contract Appeals - General › Section 21.10.05.15 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
If a party fails or refuses to obey an order issued by the
				  Appeals Board, the Appeals Board may issue whatever order in regard to the
				  failure as it considers necessary to the just and expeditious conduct of the
				  appeal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Appellant" means the contractor
				appealing a final action of an agency.
(2) "File" means receipt in the offices of
				the Appeals Board.
(3) "Party"
				means either the appellant or respondent.
(4) "Pleading" means the complaint, answer,
				all amendments and supplements thereto, and motions.
(5) "Respondent" means the State agency which
				issued the contract in dispute.
(6)
				"Submit" means receipt in the offices of the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.02 - Service of Papers

Current through Register Vol. 51, No. 14, July 12, 2024
A. How Taken.
				Notice of an appeal shall be in writing, and the original, together with two
				copies, shall be mailed to or filed with the Appeals Board within the time
				specified in the contract or otherwise allowed by law or regulation. A copy
				shall be furnished to the procurement officer from whose decision the appeal is
				taken.
B. Notice of Appeal. A
				notice of appeal shall indicate that an appeal is intended, the amount in
				dispute, if known, and shall identify the contract (by number), the State
				agency whose contract is the subject of the dispute, and the procurement
				officer's decision from which the appeal is taken. The notice of appeal shall
				be signed personally by the appellant (the contractor making the appeal), or by
				an officer of the appellant corporation or member of the appellant firm, or by
				the appellant's duly authorized representative or attorney. The complaint
				referred to in Regulation .06 may be filed with the notice of appeal, or the
				appellant may designate the notice of appeal as a complaint, if it otherwise
				fulfills the requirements of a complaint.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.03 - Docketing of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a notice of
				appeal in any form has been received by the Appeals Board, it shall be docketed
				promptly. A notice of docketing shall be forwarded to both parties and a copy
				of these regulations will be furnished to the appellant upon request.
B. The Board may consolidate appeals when the
				parties agree via joint motion or at its own discretion.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.04 - Preparation, Contents, Organization, Forwarding, and Status of Appeal File

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duties of
				Procurement Officer. Within 30 days of notice from the Appeals Board that an
				appeal has been docketed, the procurement officer shall assemble and transmit
				to the Appeals Board, through the Office of the Attorney General, documents
				relevant to the appeal including:
(1) The
				decision from which the appeal is taken;
(2) The contract including specifications and
				relevant amendments, plans, and drawings;
(3) All correspondence between the parties
				relevant to the appeal, including the letter or letters of claim in response to
				which the decision was issued;
(4)
				Transcripts of any testimony taken during the course of proceedings, and
				affidavits or statements of any witnesses on the matter in dispute made before
				the filing of the notice of appeal with the Appeals Board; and
(5) Any Additional Information Considered
				Relevant. Within the same time specified above, the procurement officer shall
				furnish to the appellant a copy of each document it transmits to the Appeals
				Board, except those stated in §A(2) of this regulation, as to which a list
				furnished to the appellant indicating specific contractual documents
				transmitted will suffice, and those stated in §D of this
				regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.06 - Pleadings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaint.
				Within 30 days after receipt of notice of the docketing of the appeal, the
				appellant shall file with the Appeals Board an original and three copies of a
				complaint setting forth simple, concise, and direct statements of each of its
				claims alleging the basis, with appropriate reference to contract provisions,
				for each claim and the dollar amount claimed. This pleading shall fulfill the
				generally recognized requirements of a complaint.
B. Answer. Within 30 days from receipt of the
				complaint, the respondent shall prepare and file with the Appeals Board an
				original and three copies of an answer, setting forth simple, concise, and
				direct statements of the respondent's defenses to each claim asserted by
				appellant. This pleading shall fulfill the generally recognized requirements of
				an answer, and shall set forth any affirmative defenses available.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.07 - Amendment of Pleadings or Record

Current through Register Vol. 51, No. 14, July 12, 2024
The Appeals Board, upon its own initiative or upon
				  application by a party, may order a party to make a more definite statement of
				  the complaint or answer, or reply to an answer. Within the proper scope of the
				  appeal, the Appeals Board may permit either party to amend its pleading upon
				  conditions just to both parties. When issues within the proper scope of the
				  appeal, but not raised by the pleadings or the documentation described in
				  Regulation .04 are tried by express or implied consent of the parties, or by
				  permission of the Appeals Board, they shall be treated in all respects as if
				  they had been raised. In these instances, motions to amend the pleadings to
				  conform to the proof may be entered, but are not required. If evidence is
				  objected to at a hearing on the ground that it is not within the issues raised
				  by the pleadings or the appeal file documentation (which shall be deemed part
				  of the pleadings for this purpose), it may be admitted within the proper scope
				  of the appeal, except that the objecting party may be granted a continuance if
				  necessary to enable him to meet the evidence.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.08 - Hearing - Election

Current through Register Vol. 51, No. 14, July 12, 2024
Within 5 working days of State government after the filing of
				  the respondent's answer or the notice referred to in the last sentence of
				  Regulation .06B of this chapter, each party shall advise the Appeals Board in
				  writing whether it desires a hearing, or whether, in the alternative, it elects
				  to submit its appeal on the record without a hearing as prescribed in
				  Regulation .11 of this chapter. Failure to request a hearing shall be deemed a
				  waiver, and the appeal shall be decided on the record. The Board may, at its
				  own discretion, hold a hearing on any issue in dispute.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.09 - Prehearing Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
The Appeals Board may require the parties to submit
				  prehearing briefs in any appeal in which a hearing has been elected pursuant to
				  Regulation .08 of this chapter. In the absence of an Appeals Board requirement
				  for this, either party may furnish a prehearing brief to the Appeals Board,
				  upon appropriate and sufficient notice to the other party, at least 30 days
				  before the date set for the hearing. When a prehearing brief is submitted, it
				  shall be furnished so as to be received by the Appeals Board at least 15 days
				  before the date set for the hearing, and a copy simultaneously shall be
				  furnished to the other party. Prehearing briefs shall not exceed 15 8.5 x 11
				  inch typewritten doublespaced pages, excluding exhibits
				  thereto.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.10 - Prehearing or Presubmission Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whether the
				appeal is to be submitted pursuant to Regulation .11 of this chapter or heard
				pursuant to Regulation .08 of this chapter, the Appeals Board may, upon its own
				initiative or upon the request of either party, arrange a telephone conference
				or call upon the parties to appear before a member of the Appeals Board for a
				conference to consider:
(1) The
				simplification or clarification of the issues;
(2) The possibility of obtaining
				stipulations, admissions, agreements on documents, understandings on matters
				already of record, or similar agreements which will avoid unnecessary
				proof;
(3) The limitation of the
				number of expert witnesses, or avoidance of similar cumulative evidence, if the
				appeal is to be heard;
(4) The
				possibility of agreement disposing of all or any of the issues in dispute;
				and
(5) Other matters that may aid
				in the disposition of the appeal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.11 - Submission Without a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
Either party may elect to waive a hearing and to submit its
				  appeal upon the record before the Appeals Board, as settled pursuant to
				  Regulation .13 of this chapter. As agreed to by the parties, affidavits,
				  depositions, and answers to interrogatories may be employed to supplement other
				  documentary evidence in the Appeals Board record. The Appeals Board may permit
				  the submission to be further supplemented by oral argument (transcribed if
				  requested), and by briefs arranged in accordance with COMAR 21.10.05.12.S
				  ubmission of an appeal without hearing does not relieve the parties from the
				  necessity of proving the facts supporting their claims or
				  defenses.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.12 - Optional "Small Claims (Expedited)" and "Accelerated" Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. These procedures
				are available solely at the election of the appellant.
B. Election to Use "Small Claims (Expedited)"
				and "Accelerated" Procedures.
(1) In appeals
				where the amount in dispute is $50,000 or less, the appellant may elect to have
				the appeal processed under a "Small Claims (Expedited)" procedure requiring
				decision of the appeal, when possible, within 120 days after the Appeals Board
				receives written notice of the appellant's election to use this procedure. The
				details of this procedure appear in §C of this regulation. An appellant
				may elect the "Accelerated" procedure rather than the "Small Claims
				(Expedited)" procedure.
(2) In
				appeals where the amount in dispute is $100,000 or less, the appellant may
				elect to have the appeal processed under an "Accelerated" procedure requiring
				decision of the appeal, when possible, within 180 days after the Appeals Board
				receives written notice of the appellant's election to use this procedure. The
				details of this procedure appear in §D of this regulation.
(3) The appellant's election of either the
				"Small Claims (Expedited)" procedure or the "Accelerated" procedure must be
				made by written notice within 60 days after receipt of the notice of docketing
				unless this period is extended by the Appeals Board for good cause. The
				election may not be withdrawn except with permission of the Appeals Board and
				for good cause.
(4) In deciding
				whether the "Small Claims (Expedited)" procedure or the "Accelerated" procedure
				is applicable to a given appeal, the Appeals Board shall determine the amount
				in dispute.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.13 - Settling the Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The record upon
				which the Appeals Board's decision is rendered consists of the documents
				considered under Regulations .04 and .12 of this chapter and, to the extent the
				following items have been filed, pleadings, prehearing and conference memoranda
				or orders, prehearing briefs, depositions or interrogatories received in
				evidence, admissions, stipulations, transcripts of conferences and hearings,
				hearing exhibits, post hearing briefs, exceptions taken and arguments made
				pursuant to any proposed decision, and documents that the Appeals Board has
				specifically designated be made a part of the record. The record will be
				available at all reasonable times for inspection by the parties at the office
				of the Appeals Board.
B. Except as
				the Appeals Board may otherwise order, no proof may be received in evidence
				after completion of an oral hearing, or, in appeals submitted on the record,
				after notification by the Appeals Board that the appeal is ready for
				decision.
C. The weight to be
				attached to any evidence of record rests within the sound discretion of the
				Appeals Board. The Appeals Board may require either party, with appropriate
				notice to the other party, to submit additional evidence on a matter relevant
				to the appeal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.14 - Depositions and Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of
				Discovery. In general, unless otherwise ordered by the Appeals Board, parties
				may obtain discovery regarding any matter, not privileged, which is relevant to
				the subject matter involved in the appeal:
(1) Whether it relates to the claim or
				defense of the party seeking discovery or to the claim or defense of the other
				party;
(2) Including the existence,
				description, nature, custody, condition, and location of any books, documents,
				or other tangible things;
(3)
				Including any information of the witness or party, however obtained, as to the
				identity and location of persons having knowledge of any discoverable
				matter;
(4) Whether or not any of
				these matters is already known to or otherwise obtainable by the party seeking
				discovery; and
(5) Whether or not
				the information will be inadmissible at the hearing, if the information sought
				appears reasonably calculated to lead to the discovery of admissible
				evidence.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.15 - Interrogatories to Parties, Admission of Facts, and Production and Inspection of Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interrogatories
				to Parties.
(1) After an appeal has been filed
				with the Appeals Board, a party may serve on the other party written
				interrogatories to be answered separately in writing, signed under oath by the
				person making the answer, and returned within 30 days, or another time period
				that is agreed to by the parties. All answers to interrogatories shall be
				prepared in the following form:
(a) The
				interrogatory in full;
(b) The
				answer in full, if any, filed to it; and
(c) The basis for any exception
				taken.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.16 - Service of Papers

Current through Register Vol. 51, No. 14, July 12, 2024
All copies of complaints, answers, and briefs shall be filed
				  directly with the Appeals Board. A party filing any other paper with the
				  Appeals Board shall mail or personally deliver a copy to the opposing party,
				  certifying on the paper filed with the Appeals Board, or on the letter
				  transmitting it, that a copy has been furnished.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.17 - Hearings - Where and When Held [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.19 - Unexcused Absence of a Party [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.20 - Hearings: Nature, Examination of Witnesses [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.21 - Copies of Papers [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
When books, records, papers, or documents have been received
				  in evidence, a true copy of them, or of any part that may be material or
				  relevant, may be substituted during the hearing or at its
				  conclusion.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.22 - Post Hearing Briefs [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Briefs
				shall be compact, concise, logically arranged, and free from burdensome,
				irrelevant, immaterial, and scandalous matter. Briefs are required to contain a
				table of contents and tables of statutes, regulations, and cases
				cited.
B. Time of Submittal.
				Briefs, including reply briefs, shall be submitted at times and upon terms
				agreed upon by the parties and the presiding member, or as otherwise determined
				by the presiding member at the conclusion of the hearing.
C. Length of Briefs. Except by permission of
				the Appeals Board on motion, principal briefs shall not exceed 30 8.5 X 11 inch
				pages, typewritten double-spaced, exclusive of any table of contents and tables
				of statutes, regulations and cases cited. Reply briefs shall not exceed 15
				pages.
D. Number of Copies Required
				for Submittal. One original plus three copies and one electronic copy in a
				format specified by the Clerk of each brief shall be submitted to the Appeals
				Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.23 - Transcript of Proceedings [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
Testimony and argument at hearings shall be reported
				  verbatim, unless the Appeals Board otherwise orders. Each party shall be
				  responsible both for arranging with the reporter to obtain a copy of the
				  transcript and for the cost thereof.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.24 - Withdrawal of Exhibits [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
After a decision has become final, the Appeals Board may,
				  upon request and after notice to the other party, permit withdrawal of original
				  exhibits, or any part of them, by the entitled party. The substitution of true
				  copies of exhibits, or any part of them, may be required by the Appeals Board
				  as a condition of granting permission for withdrawal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.25 - Suspension of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
If it appears that appellant and respondent are in agreement
				  as to the disposition of the controversy or are actively negotiating an
				  agreement, the parties may file a consent motion requesting the Appeals Board
				  to suspend further processing of the appeal, except that, if the Appeals Board
				  is advised thereafter by either party that the controversy has not been
				  disposed of by agreement, the appeal shall be restored to the Appeals Board's
				  calendar without loss of position, if possible.