Salisbury University v. Joseph M. Zimmer, Inc.

EYLER, JAMES R„ J.

The primary question presented by this case is whether COMAR 21.11.03.14, a regulation issued by the Board of Public Works (“BPW”) is ultra vires because it conflicts with Maryland Code (2009 Repl.Vol.), §§ 15-215 and 15-217 of the State Finance & Procurement Article (“F.P.”). We shall answer the question in the affirmative.

Facts and Proceedings

The conflict in this case arises out of a bid solicitation by Salisbury University, appellant, for a contractor to replace a chiller at the University. Joseph M. Zimmer, Inc., appellee, was one of several contractors to submit a bid.…