Md. Code Regs. 21.10.07.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.10.07.09 - Bid and Proposal Protest Costs

A. Upon sustaining an appeal arising from the final action of a unit on a protest relating to the formation of a procurement contract, the Appeals Board may award the protestor the reasonable costs of filing and pursuing the protest and appeal, not including attorney's fees, when the Appeals Board sustains the appeal based on a violation of law or regulation by the unit conducting the procurement.

B. Before award of the reasonable costs of filing and pursuing the protest and appeal, the Appeals Board shall require the protestor to certify under oath or affirmation its costs in pursuing the protest and appeal. All costs associated with filing and pursuing the protest and appeal shall be substantiated by documented evidence supporting the validity of the claim. At the request of a party, or upon order of the Board, a hearing may be conducted to determine the reasonableness of the costs sought to be recovered.

C. The reasonable costs of filing and pursuing a protest and appeal include, but are not limited to, the:

(1) Cost of postage, printing, and reproduction incurred in filing the protest and appeal;

(2) Witness fees and expenses;

(3) Costs arising out of written requests for production of documents;

(4) Cost of the additional limited discovery determined by the Appeals Board to be necessary to avoid substantial unfairness or prejudice; and

(5) Filing fees, if any, that may be required by the unit or Appeals Board to be paid upon the filing of the protest or appeal.

Md. Code Regs. 21.10.07.09

Regulation .09 adopted effective November 20, 1994 (21:23 Md. R. 1936)