News

In 2015 the Maryland legislature passed a false claims act similar to the Federal False Claims Act, with similar potential for broad interpretation against the businesses subject to it. Previously, the Maryland act applied only to the healthcare industry, but the new law expands it to anyone doing business with state or local governments. The purpose…

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With the close of the 2016 Maryland Legislative Session, several bills affecting construction companies were passed.  The following are summaries of each bill.  Governor Hogan must sign each bill into law, at which time each shall go into effect on July 2, 2016. Liquidated Damages for Failure to Pay Prevailing Wage – under this law,…

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The highest court in Maryland held that the Maryland Underground Facilities Damage Prevention Authority, also known as Miss Utility (“the Authority” or “Miss Utility”), is empowered to assess civil penalties against any contractor that damages underground pipes or cables.  In Reliable Constr. Co. v. Md. Underground Facilities Damage Prevention Auth., Reliable Contracting Company, Inc. challenged…

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Bowie & Jensen, LLC is excited to announce that J. Nicole Windsor was recently elected to the Board of Directors for the Women’s Law Center of Maryland. Ms. Windsor heads Bowie & Jensen’s employment law department and serves on the firm’s management committee. Ms. Windsor’s practice includes defending companies in employment disputes and working with…

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In Appeal of Active Network, LLC, MSBCA 2920, the Maryland State Board of Contract Appeals considered whether the appellant had standing to bring forth a bid protest. Specifically, in response to a Request for Proposal, appellant ranked 7th out of 7th for both price and technical expertise, but claimed it would be entitled to the…

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In Appeal of Concrete General, MSBCA 2918, the Maryland State Board of Contract Appeals denied the appellant the opportunity to correct errors in its initially submitted bid because the requested corrections required reference to extrinsic information not included in the initial bid.  As such, the bid was deemed non-responsive and ineligible to be considered for…

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In Appeal of KBE Building Corporation, MSBCA 2915, the Maryland State Board of Contract Appeals considered whether a procurement officer has the authority to issue a final determination or if the final determination must be issued by the “reviewing authority and the Office of the Attorney General”, pursuant to COMAR 21.10.04.04C. In this appeal, the…

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In Appeal of Cigna Corporation, MSBCA 2910, the Maryland State Board of Contract Appeals considered two issues on appeal: 1) whether the State’s properly rejected all bids and re-issued solicitations because of deficiencies in the originally requested pricing information and 2) whether the State’s extension of the contract to the incumbent vendor, while the bid…

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In Appeal of Intelect Corp., MSBCA 2905, the Maryland State Board of Contract Appeals found that the refusal to grant a prospective bidder’s request for an extension of a bid due date deadline is not a basis for a valid protest or appeal. In this appeal, the Maryland Transit Administration (“MTA”) issued an Invitation for…

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