Md. Code Regs. 21.07.01.06 - Disputes
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."
Notes
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