Engineering Management Services, Inc. v. Maryland State Highway Administration

I

State procurement contracts are subject to an exclusive, statutorily-prescribed procedure for resolving disputes. The procedure consists of four parts. 1 First, the dispute must be submitted to the agency procurement officer for attempted resolution. 2 Second, the agency head may approve, disapprove, or modify the procurement officer’s decision. 3 Third, the decision of the agency head may be appealed to the Maryland State Board of Contract Appeals (“MSBCA”). 4 Fourth, the MSBCA’s decision is subject to judicial review under the contested case provisions of the Maryland Administrative…