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Origins

Formed in 1980, the Maryland State Board of Contract Appeals (MSBCA or Board), with expanded jurisdiction, replaced the Department of Transportation Board of Contract Appeals (Chapter 418, Acts of 1978; Chapter 775, Acts of 1980). With Senate advice and consent, the Governor appoints the Board’s three members to staggered five-year terms. The Chairman of the Board is named by the Governor and also serves as the presiding judge (Maryland Code Ann., State Finance and Procurement, §§15-201-23). The current Board Members are identified at the bottom of the Home page.

The MSBCA adjudicates appeals of bid and contract disputes between State government agencies and contractors or vendors doing business with the State after a final decision has been issued by the applicable procurement officer. Matters involved in bid disputes include the preparation and interpretation of bid specifications, qualifications and selection of bidders, and the bidding process. Issues in contract disputes include the quality of performance, compliance with contract provisions, compensation, claims and change orders, termination, and any other matters that cannot be resolved by or among the parties. The Board does not issue advisory opinions. The Board may issue subpoenas requiring the production of documents, or requiring witnesses to appear for testimony at hearings or depositions. Decisions of the Board are subject to judicial review, and any aggrieved party, including a State agency, may appeal a final decision of the Board in the Circuit Courts of Maryland.

(Courtesy Maryland State Archives: Maryland Manual On-line)