New MSBCA Opinions – Part 1

The Maryland State Board of Contract Appeals recently issued two new decisions.  In the first, Appeal of Associated Building Maintenance Co., Inc., found here, the Board denied Associated’s bid protest, ruling that facts that may occur after bid solicitation and award are not the proper basis for a bid protest.  Associated, who was second in line after bid opening, argued that the awardee was not a responsible bidder and its bid was not responsive based on its inability to comply with living wage and MBE requirements.  The Board ruled that the awardee’s ability to meet these requirements is an issue of contract administration beyond the scope of bid requirements. 

 The Associated decision is also a good decision to read because it generally discusses standing, the difference between responsibility and responsiveness, and the the timing, evaluation and standards of review for decisions concerning responsibility and responsiveness.