Bid Protests and Appeals - Time for Filing

Maryland provides only a limited time for a contractor to file a bid protest and failure to abide by these time constraints will be fatal to all claims by the contractor. Further, Maryland provides a limited time for an appeal to the Maryland Board of Contract Appeals and contractors must be aware of these rigid time restrictions when considering protesting an unsuccessful bid or denial of any claim.

If a contractor believes it has been aggrieved in connection with the solicitation or the award of a governmental construction contract in Maryland, the timing for a bid protest depends on the stage of the procurement process. If improprieties in a solicitation are apparent before either the bid opening or the closing date for receipt of initial proposals, the bid protest must be filed before the bid opening or the closing date for receipt of the initial proposals. As a result, a contractor with knowledge of any improprieties at this stage of the procurement process cannot wait until the bid has been awarded to make protest. The contractor must act immediately to preserve its claims. Further, if the discovery of the impropriety occurs after the bid has been awarded, a contractor may file a protest based no later than 7 days after the basis for the protest is known or should have been known, whichever is earlier. Regardless of the stage of the procurement process, a contractor must act immediately if any impropriety has been discovered.

Further, a contractor must file an appeal with the Maryland Board of Contract Appeals (the “Board”) within 30 days from receipt of any ruling, including a denial of a bid protest or a denial of any claim. The Board recently dismissed a contractor’s appeal for a claim of over $390,000.00 in unpaid change orders because of an untimely notice of appeal. The contractor filed a notice of appeal via electronic mail to the Board of the Contract Appeals, which is impermissible. Despite claims by the contractor that a notice of appeal had been filed via regular mail, the fact that the Board could not verify receipt within 30 days of the final decision resulted in dismissal of the appeal. As a result, the failure to meet the requisite deadline cost the contractor its opportunity to be heard on the substantive issues of the case.

Timing to file bid protests and any appeals with the Maryland Court of Contract Appeals are stringent. If you intend to file either, be sure to contact an attorney as soon as possible so you do not waive any of your rights. If you have any additional questions, please contact Michael W. Siri at siri@bowie-jensen.com or at 410-583-2400.