Md. Code Regs. 21.10.02.09

Current through Register Vol. 51, No. 21, October 18, 2024

Section 21.10.02.09 - Decision by the Procurement Officer and Reviewing Authority

A. Time for Decisions. A decision on a protest shall be made by the procurement officer in writing within 30 days of the date when the protest was filed.

B. The decision of the procurement officer shall be reviewed by the reviewing authority and appropriate legal counsel. The reviewing authority may approve, modify, or disapprove the procurement officer's decision. In disapproving a decision, the reviewing authority may order the procurement officer to effect resolution. Unless the protest is remanded to the procurement officer, the decision of the reviewing authority is the final action by the procurement agency.

C. The decision shall include:

(1) A description of the controversy;

(2) A statement of the decision, with supporting material;

(3) If the protest is not sustained, 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 COMAR 21.10.07.02 a. If you decide to take such an appeal, you must file written notice of appeal to the Appeals Board within 10 days from the date you receive this decision." This paragraph also shall include the current address of the Appeals Board.

D. The procurement officer shall furnish a copy of the decision to the protester and all other interested parties, by certified mail, return receipt requested, or by any other method that provides evidence of its receipt.

E. Failure by the procurement officer or reviewing authority to comply with this section within 30 days of the date when the protest was filed shall not deprive the Board of its jurisdiction, and the protest shall be deemed as having been denied.

Md. Code Regs. 21.10.02.09

Regulations .09 Amended effective August 15, 1983 (10:16 Md. R. 1454); amended effective 45:9 Md. R. 463, eff. 5/7/2018