Construction Law Blog

Construction Law Blog

Maryland State Board of Contract Appeals Dismisses Appeal Where Contractor Had No Reasonable Possibility of Being Awarded the Request for Proposal

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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Maryland State Board of Contract Appeals Rules Bids Cannot Be Modified After Submission If Extrinsic Documentation Is Required

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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Maryland State Board of Contract Appeals Rules That Procurement Officers, Not Reviewing Agencies, Are Authorized to Issue Notices of Final Decision for Projects

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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Maryland State Board of Contract Appeals Holds Agency May Reject All Bids And Re-Advertise The Solicitation If In The State’s Best Interest, But Requires Competitive Bidding For Extension to Existing Contract

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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Maryland State Board of Contract Appeals Rules That The Refusal To Grant An Extension of A Bid Due Date Is Not A Basis For A Valid Protest or Appeal

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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Maryland State Board of Contract Appeals Rules That the Failure to Supply an Original Power of Attorney With Bid Bond Is Not Fatal to the Bid

In Appeal of Southern Improvement Company, Inc., MSBCA 2904, the Maryland State Board of Contract Appeals considered whether the failure to supply an original Power of Attorney with a bid bond constituted a “minor irregularity,” which may be waived, or in the alternative, rose to a level of deficiency to render a bid non-responsive thereby…

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The MSBCA Clarifies the ’72 hour rule’ for Amending MBE Participation Schedules

In Tech Contracting Company, the Maryland State Board of Contract Appeals (“MSBCA”) clarified the scope of the “72 hour rule” that allows a contractor to make changes to its MBE Participation Schedule after bid submission. In this instance, the prevailing bidder, Forrester Construction, listed an MBE contractor that did not have the proper NAISC code.…

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Maryland Legislature Passes False Claims Act

Bowie & Jensen Case Law and Legal Update: During the 2015 legislative session, Maryland passed a False Claims Act similar to the Federal False Claims Act. See Md. Code. Ann, Gen. Prov, § 8-101 et. Seq. This Act was a signature piece of the Frosh campaign for attorney general and was considered the Maryland Office…

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