Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.06 - Disputes

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. One of the following
				  clauses is preferred:
A. Alternate
				Disputes Clause (short form). "This contract shall be subject to the provisions
				of State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code
				of Maryland, and COMAR 21.10 (Administrative and Civil Remedies). Pending
				resolution of a claim, the Contractor shall proceed diligently with the
				performance of the contract in accordance with the procurement officer's
				decision."
B. Alternate Disputes
				Clause (long form).
(1) This contract is
				subject to the provisions of State Finance and Procurement Article, Title 15,
				Subtitle 2, Annotated Code of Maryland and COMAR 21.10 (Administrative and
				Civil Remedies).
(2) Except as
				otherwise may be provided by law, all disputes arising under or as a result of
				a breach of this contract that are not disposed of by mutual agreement shall be
				resolved in accordance with this clause.
(3) As used herein, "claim" means a written
				demand or assertion by one of the parties seeking, as a legal right, the
				payment of money, adjustment or interpretation of contract terms, or other
				relief, arising under or relating to this contract. A voucher, invoice, or
				request for payment that is not in dispute when submitted is not a claim under
				this clause. However, if the submission subsequently is not acted upon in a
				reasonable time, or is disputed as to liability or amount, it may be converted
				to a claim for the purpose of this clause.
(4) A claim shall be made in writing and
				submitted to the procurement officer for decision in consultation with the
				Office of the Attorney General.
(5)
				When a claim cannot be resolved by mutual agreement, the contractor shall
				submit a written request for final decision to the procurement officer. The
				written request shall set forth all the facts surrounding the
				controversy.
(6) The contractor, at
				the discretion of the procurement officer, may be afforded an opportunity to be
				heard and to offer evidence in support of the contractor's claim.
(7) The procurement officer shall render a
				written decision on all claims within 180 days of receipt of the contractor's
				written claim, unless the procurement officer determines that a longer period
				is necessary to resolve the claim. If a decision is not issued within 180 days,
				the procurement officer shall notify the contractor of the time within which a
				decision shall be rendered and the reasons for such time extension. The
				decision shall be furnished to the contractor, by certified mail, return
				receipt requested, or by any other method that provides evidence of receipt.
				The procurement officer's decision shall be deemed the final action of the
				State.
(8) The procurement
				officer's decision shall be final and conclusive unless the contractor mails or
				otherwise files a written appeal with the Maryland State Board of Contract
				Appeals within 30 days of receipt of the decision.
(9) Pending resolution of a claim, the
				contractor shall proceed diligently with the performance of the contract in
				accordance with the procurement officer's decision."