Md. Code Regs. 21.10.07.03

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

Section 21.10.07.03 - Notice of Appeal to State Agency and Interested Parties, Submission of Agency Report and Time for Filing Comments on Agency Report

A. The Appeals Boards shall notify the State agency by telephone, email, or otherwise in writing within 1 day of the receipt of an appeal, requesting the State agency to give notice of the appeal to the awardee if award has been made or, if no award has been made, to all bidders, offerors, or applicants who appear to have a substantial and reasonable prospect of receiving an award if the appeal is denied. The State agency also shall be requested to furnish copies of the appeal documents to these parties with instructions for them to communicate further directly with the Appeals Board.

B. Material submitted by a protester may not be withheld from any interested party outside the State government or from any State agency which may be involved in the appeal except to the extent that the withholding of information is permitted or required by law. If the protester considers that its notice of appeal contains material that should be withheld, a statement advising of this fact shall be affixed to the front page of the notice of appeal and the alleged proprietary information shall be so identified wherever it appears.

C. The Appeals Board shall request the Office of the Attorney General, in conjunction with the State agency, to submit a complete report on the actions taken by the agency with regard to the solicitation or application involved in the appeal within 15 working days, or, for good cause shown, at such later time as the Appeals Board may determine, and to furnish a copy of the report to the protester and other interested parties. The report shall include:

(1) A copy of the bid, offer, or application submitted by the protester and a copy of the bid offer, or application that is being considered for award or that has resulted in an award;

(2) A copy of the solicitation, including the specifications or portions hereof, relevant to the appeal;

(3) A copy of the abstract of bids or relevant portions thereof;

(4) A copy of all evaluators' notes relating to the evaluations of all bids, offers, or applications, with the names of the evaluators redacted to protect their identities;

(5) Any other documents which are relevant to the appeal; and

(6) A statement setting forth findings, actions, and recommendations in the matter together with any additional evidence or information deemed necessary in determining the validity of the appeal. The statement shall be fully responsive to the allegations set forth in the notice of appeal.

D. Upon the filing of a preliminary motion to dismiss an appeal on the grounds that the Appeals Board lacks jurisdiction to hear the appeal, the Board may stay the time for filing the agency report at the request of the State agency or at its own discretion.

E. Comments on the agency report shall be filed with the Appeals Board within 10 days after receipt of the report, with a copy to the Office of the Attorney General on behalf of the State agency that furnished the report, and to any interested parties. Any rebuttal to these comments by a protester or interested party shall be filed with the Appeals Board within 5 days after receipt of those comments to which rebuttal is directed, with a copy to the Office of the Attorney General on behalf of the State agency that furnished the report, and to any interested parties. The State agency may also submit rebuttal if filed within 5 days after receipt by the State agency of the comments to which rebuttal is directed.

F. The failure of a protester or any interested party to comply with the time limits stated in this regulation may result in resolution of the appeal without consideration of the comments untimely filed.

Md. Code Regs. 21.10.07.03

Regulations .03 amended effective January 9, 1989 (15:27 Md. R. 3138); amended effective 44:20 Md. R. 946, eff. 10/9/2017; amended effective 48:21 Md. R. 883, eff. 9/9/2021; amended effective 49:3 Md. R.137, eff. 9/9/2021; amended effective 49:4 Md. R. 302, eff. 2/21/2022; amended effective 49:8 Md. R.500, eff. 4/18/2022