Government Contract Bid Protest - Maryland

MARYLAND PROCUREMENT PROTEST

To the Procurement Officer Identified in the Solicitation

In the Matter of: [PROTESTER LEGAL NAME]

Solicitation/Contract No.: [SOLICITATION OR CONTRACT NUMBER]
Agency: [CONTRACTING AGENCY FULL NAME]
Protest No.: [DOCKET NUMBER (IF APPLICABLE)]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Jurisdiction and Standing

5. Operative Provisions
   5.1 Statement of Relevant Facts
   5.2 Grounds of Protest
   5.3 Requested Relief

6. Filing Certifications

7. Confidentiality and Supplementation
8. Agency Decision and Appeal
9. Protest Costs
10. Further Review
11. Filing Instructions
12. Execution Block
13. Filing Confirmation
14. Exhibit Index
15. Board Appeal Checklist
16. Sources and References

1. DOCUMENT HEADER

This written protest is submitted by [PROTESTER LEGAL NAME], a [STATE OF INCORPORATION/FORMATION] [corporation/LLC/other] ("Protester"), to the procurement officer identified in Solicitation No. [SOLICITATION NUMBER]. It concerns the [SOLICITATION / PROPOSED AWARD / AWARD] described below and is filed under Md. Code, State Finance and Procurement Article § 15-217 and COMAR 21.10.02.

2. RECITALS

A. WHEREAS, the Agency issued the Solicitation on [DATE] for [BRIEF DESCRIPTION OF PROCUREMENT];
B. WHEREAS, Protester timely submitted a proposal on [DATE];
C. WHEREAS, on [DATE OF AGENCY ACTION], the Agency [announced its intent to award/awarded] the contract to [AWARDEE NAME] (the "Awardee");
D. WHEREAS, Protester believes the Agency's conduct is inconsistent with the Solicitation or governing procurement law and has aggrieved Protester;
E. WHEREAS, Protester files this Protest within the deadline in COMAR 21.10.02.03 and requests the contract-execution protections applicable to a timely protest under COMAR 21.10.02.11;
F. NOW, THEREFORE, Protester files this Protest and respectfully requests the relief set forth herein.

3. DEFINITIONS

For purposes of this Protest:

"Awardee" means [AWARDEE NAME], the offeror selected for award under the Solicitation.

"Corrective Action" means measures taken by the Agency to remedy the procurement errors identified herein, including but not limited to re-evaluation, amendment, re-solicitation, or termination of the existing award.

"Final Agency Action" means the final unit action applicable to the Protest's commencement date. For a Protest arising or commencing before October 1, 2026, this is the reviewing authority's final action under current COMAR 21.10.02.09 unless the matter is remanded. For a Protest arising or commencing on or after October 1, 2026, 2026 Maryland Laws chapter 396 makes the procurement officer's action final.

"Interested Party" means an actual or prospective bidder, offeror, or contractor that may be aggrieved by the solicitation, award, or protest, as provided in COMAR 21.10.02.01.

"Protest Grounds" has the meaning set forth in Section 5.2.

4. JURISDICTION AND STANDING

4.1 Initial Forum. COMAR 21.10.02.02 requires an agency-level protest to be filed with the appropriate procurement officer at the physical or email address specified in the Solicitation.

4.2 Interested Party. Protester is an [ACTUAL / PROSPECTIVE] [BIDDER / OFFEROR / CONTRACTOR] that may be aggrieved by the [SOLICITATION / PROPOSED AWARD / AWARD].

4.3 Timeliness. Select and complete one:

• ☐ The alleged solicitation impropriety was apparent before bid opening or the closing date for initial proposals, and this Protest is received before that deadline.
• ☐ The basis is not an apparent pre-closing solicitation impropriety, and this Protest is received no later than seven days after the basis was known or should have been known, whichever occurred earlier.

The filing date is the procurement officer's date of receipt. See COMAR 21.10.02.03.

5. OPERATIVE PROVISIONS

5.1 Statement of Relevant Facts

[Provide a concise chronological narrative. State when each protest ground became known or should have become known, and attach the available supporting exhibits. If an exhibit cannot be obtained within the filing period, identify it and state its expected availability date, as COMAR 21.10.02.04 requires.]

5.2 Grounds of Protest

Protester asserts only the grounds selected and supported below (collectively, the "Protest Grounds"):

• ☐ Solicitation impropriety: [IDENTIFY REQUIREMENT AND WHY IT VIOLATES THE GOVERNING LAW OR SOLICITATION]
• ☐ Evaluation departure: [IDENTIFY THE STATED CRITERION, THE AGENCY ACTION, AND RECORD SUPPORT]
• ☐ Unequal or unauthorized discussions: [IDENTIFY COMMUNICATIONS AND GOVERNING SOLICITATION/RULE]
• ☐ Responsiveness, responsibility, or qualification determination: [STATE FACTS AND AUTHORITY]
• ☐ Award determination: [STATE THE SPECIFIC ERROR AND RESULTING HARM]
• ☐ Other: [STATE THE GROUND, FACTS, AND AUTHORITY]

5.3 Requested Relief

Protester respectfully requests that the protest authority:

1. Sustain the Protest;
2. Grant relief within the procurement officer's authority under Md. Code, State Finance and Procurement Article § 15-218, including [AMENDMENT / RE-EVALUATION / RE-SOLICITATION / CANCELLATION / OTHER];
3. Refrain from executing the contract while this timely Protest or a later appeal is pending unless the decision-maker identified in COMAR 21.10.02.11 determines that execution without delay is necessary to protect substantial State interests; and
4. Provide any other relief authorized by current procurement law.

An agency-level filing does not itself establish entitlement to protest costs. If Protester later appeals Final Agency Action, the Maryland State Board of Contract Appeals may award reasonable filing and pursuit costs, including reasonable attorney fees, only when the Board sustains the appeal and finds a violation of law or regulation. COMAR 21.10.07.09.

6. FILING CERTIFICATIONS

6.1 Accuracy. Protester certifies that the statements of fact set forth herein are true and correct to the best of its knowledge.

6.2 Completeness. The Protest states each presently known ground and includes available supporting material required by COMAR 21.10.02.04.

6.3 Filing Label. The envelope front or electronic subject line is labeled "Protest."

7. CONFIDENTIALITY AND SUPPLEMENTATION

7.1 Duty of Candor. Protester shall promptly supplement the record if it becomes aware of any material misstatement or omission.

7.2 Requested Information. Protester will submit additional information requested by the procurement officer within five days after receipt of the request or within another period specified by the procurement officer. See COMAR 21.10.02.06.

7.3 Confidential Material. Information requested to be withheld is specifically identified, and the front page of each affected document states that it contains information not subject to disclosure. The procurement officer may withhold information only when law permits or requires it. See COMAR 21.10.02.07.

8. AGENCY DECISION AND APPEAL

8.1 Agency Decision. Apply the correct transition rule:

• Protests arising or commencing before October 1, 2026: the procurement officer's written decision is reviewed by the reviewing authority; unless remanded, the reviewing authority's decision is Final Agency Action under COMAR 21.10.02.09.
• Protests arising or commencing on or after October 1, 2026: 2026 Maryland Laws chapter 396 makes the procurement officer's action Final Agency Action. If the procurement officer issues neither a decision nor written notice of the anticipated decision date within ninety days after receipt, the protester may elect to treat the failure as a denial. The Act does not apply to protests arising or commencing before its effective date.

8.2 Board Appeal. An interested party may appeal Final Agency Action to the Maryland State Board of Contract Appeals. The written notice of appeal must be received by the Board within ten calendar days after receipt of Final Agency Action and must comply with COMAR 21.10.07.02.

8.3 Agency Report on Appeal. The agency report is part of the Board-appeal stage, not this initial Protest. On appeal, the Board requests the Office of the Attorney General and Agency to provide the report within fifteen State-government working days unless the Board allows more time. Comments are due within ten State-government working days after receipt. See COMAR 21.10.07.03.

9. PROTEST COSTS

9.1 No Automatic Cost Award. The procurement officer does not award costs merely because this Protest is filed or sustained.

9.2 Board Cost Motion. After a Board decision sustaining an appeal and finding a violation of law or regulation, an interested party seeking costs must file a documented, certified motion within fifteen calendar days of the Board's decision. See COMAR 21.10.07.09.

10. FURTHER REVIEW

10.1 Governing Law. Md. Code, State Finance and Procurement Article §§ 15-215 through 15-223 and COMAR Title 21 govern this State procurement protest.

10.2 Judicial Review. A final decision of the Maryland State Board of Contract Appeals is subject to judicial review under Md. Code, State Finance and Procurement Article § 15-223 and the Maryland Administrative Procedure Act.

10.3 No Direct Substitute. Mediation, arbitration, a contract clause, or a generic court filing does not replace the agency protest and Board-appeal sequence established by the cited provisions.

11. FILING INSTRUCTIONS

11.1 Address. Send the Protest to the procurement officer's physical or email address specified in the Solicitation.

11.2 Delivery. COMAR 21.10.02.02 permits delivery by hand, U.S. Postal Service, courier service, or email. Use a method that establishes timely receipt.

11.3 Retained Proof. Retain the complete filed Protest, attachments, transmission record, and proof of receipt.

12. EXECUTION BLOCK

Counsel of Record (if any):
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME], Esq.
Bar No.: [BAR NUMBER]
Address: [ADDRESS]
Telephone: [PHONE]
E-mail: [EMAIL]

13. FILING CONFIRMATION

I certify that on [DATE/TIME], I delivered a true and correct copy of this Protest and its exhibits to the procurement officer by [HAND / U.S. MAIL / COURIER / EMAIL] at the address specified in the Solicitation:

[PROCUREMENT OFFICER NAME AND PHYSICAL OR EMAIL ADDRESS]

Proof of receipt: [TRACKING / DELIVERY RECEIPT / EMAIL RECORD / OTHER]

Copies were also provided to [LIST ONLY IF THE SOLICITATION, AGENCY DIRECTION, OR OTHER CURRENT AUTHORITY REQUIRES OR PERMITS].

__________________________________
[AUTHORIZED REPRESENTATIVE OR ATTORNEY]

14. EXHIBIT INDEX

Exhibit A Solicitation/Amendments
Exhibit B Protester's Proposal (Redacted)
Exhibit C Agency Debriefing Materials
Exhibit D Source Selection Decision Document (Redacted)
Exhibit E Declaration of [NAME], [TITLE]
Exhibit F [ADDITIONAL EXHIBITS AS NEEDED]

15. BOARD APPEAL CHECKLIST

Use this section only after receipt of Final Agency Action.

• ☐ Calendar the ten-calendar-day receipt deadline in Md. Code, State Finance and Procurement Article § 15-220 and COMAR 21.10.02.10.
• ☐ Address a written notice of appeal to the Maryland State Board of Contract Appeals.
• ☐ State the protester's name/address, Agency, Solicitation and contract numbers, appeal grounds, and requested ruling.
• ☐ Attach Final Agency Action and the available supporting exhibits; list any unavailable exhibit and its expected availability date or explain why unknown.
• ☐ If the appellant is a corporation, partnership, joint venture, LLC, or other entity, arrange representation by a Maryland-licensed attorney as required by COMAR 21.10.05.03.
• ☐ If seeking a hearing, request it before the deadline for comments on the agency report. See COMAR 21.10.07.06.

16. SOURCES AND REFERENCES

• Md. Code, State Finance and Procurement Article § 15-215 — definitions.
• § 15-217 and § 15-218 — initial protest and agency disposition.
• § 15-220 — ten-day Board appeal.
• § 15-223 — judicial review and enforcement.
• 2026 Maryland Laws chapter 396 — amendments to § 15-218 effective October 1, 2026; pre-effective-date protests remain under prior law.
• COMAR 21.10.02 — current agency protest rules, including filing, deadlines, form, decision, appeal, and contract execution.
• COMAR 21.10.07 — current Board protest-appeal procedure and cost motion.
• COMAR 21.10.05 — general Board procedure and entity representation.