- A. Time for Decisions. A decision on a protest shall be made by the procurement officer in writing as expeditiously as possible after receiving all relevant, requested information.
- 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. 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.
Authority: State Finance and Procurement Article, §§12-101 and 15-201—15-223, Annotated Code of Maryland
Effective date: July 1, 1981 (8:13 Md. R. II-5)
Regulation .09 amended and .10 adopted effective August 15, 1983 (10:16 Md. R. 1454)
Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)
Regulation .01B amended effective May 13, 2013 (40:9 Md. R. 789)
Regulation .02A amended effective February 23, 2009 (36:4 Md. R. 355); July 23, 2012 (39:14 Md. R. 839)
Regulation .02A-1 adopted effective July 23, 2012 (39:14 Md. R. 839)
Regulation .02A-1 amended effective August 13, 2018 (45:16 Md. R. 776)
Regulation .02A-2 adopted effective May 13, 2013 (40:9 Md. R. 789)
Regulation .02B amended effective March 3, 2025 (52:4 Md R. 221)
Regulation .02C adopted effective October 27, 2003 (30:21 Md. R. 1530)
Regulation .02C amended effective June 29, 2020 (47:13 Md. R. 643); March 3, 2025 (52:4 Md R. 221)
Regulation .03D adopted effective October 27, 2003 (30:21 Md. R. 1530)
Regulation .03D repealed effective May 2, 2022 (49:9 Md. R. 531)
Regulation .04 amended effective June 29, 2020 (47:13 Md. R. 643)
Regulation .07 amended effective April 7, 2008 (35:7 Md. R. 751)
Regulation .10B amended effective December 25, 2000 (27:25 Md. R. 2284)