§ 10A-107. Contract claim and dispute resolution.

(a)

All disputes concerning any decision by the Purchasing Agent and protests of bidders or offerors shall be timely submitted in writing to the Purchasing Agent and resolved in accordance with regulations to be issued by the Purchasing Agent consistent with this Section. The determination of the Purchasing Agent on any dispute, after compliance with said regulations, shall be made in writing.

(b)

The Purchasing Agent shall designate a contract administrator for all contracts. The contract administrator shall be independent and not otherwise involved in the sourcing contract award or contract management of the subject contract to be administered.

(c)

Any claim or dispute arising under a contract shall be submitted in writing by the contractor to the contract administrator for a decision. Within seven (7) days of receipt of the claim or dispute, the contract administrator shall advise the contractor that an informal hearing will be held within thirty (30) days, or that the contract administrator will make a final written decision on the record within sixty (60) days for claims or disputes valued under $10,000, or within ninety (90) days for claims or disputes valued over $10,000. If an informal hearing is held, the contract administrator shall render a final written decision on a claim or dispute valued under $10,000 within sixty (60) days after the hearing, and for claims or disputes valued over $10,000 within ninety (90) days after the hearing. The written decision of the contract administrator shall contain findings of fact. The failure to render a final written decision within the time periods set forth above may, at the discretion of the contractor, be treated as a denial of the claim or dispute and is a final decision for purposes of appeal.

(d)

The contractor may appeal the final decision of the contract administrator to the Purchasing Agent. The appeal must be filed in writing with the Purchasing Agent within thirty (30) days after receipt of the contract administrator's final decision. The written appeal must be filed in accordance with regulations established by the Purchasing Agent.

(e)

After a review of the information submitted to the contract administrator, the final written decision of the contract administrator, and the contractor's written appeal, the Purchasing Agent shall decide the appeal on the record, in writing, for claims or disputes valued under $100,000 within ninety (90) days after receipt, and for claims or disputes valued over $100,000 within one hundred twenty (120) days after receipt, stating all findings of fact. The failure of the Purchasing Agent to render a final written decision within the time limits provided herein may, at the discretion of the contractor, be treated as a denial of the claim and is a final decision for purposes of appeal.

(f)

The contractor may appeal the final decision of the Purchasing Agent to an independent hearing examiner, who will hear the appeal on the record, or appeal directly to the Circuit Court for Prince George's County, Maryland. The independent hearing examiner shall make written findings of fact. The decision of the independent hearing examiner may be appealed to the Circuit Court by any party to the appeal. Any appeal to the Circuit Court shall be on the record pursuant to the Maryland Rules of Procedure concerning administrative appeals. Any party to the Circuit Court proceeding may appeal the decision of the Circuit Court to the Court of Special Appeals of Maryland, pursuant to the Maryland Rules of Procedure.

(g)

Notwithstanding any time requirements provided in this Section, the parties to a contract may agree to extensions of such time requirements.

(CB-1-1992; CB-45-1993)