MD. PORT ADM. v. BRAWNER CONTRACTING CO.

No. 138, September Term, 1984.

303 Md. 44 (1985)

492 A.2d 281

MARYLAND PORT ADMINISTRATION ET AL. v. JOHN W. BRAWNER CONTRACTING COMPANY, INC., ET AL.

Court of Appeals of Maryland.

May 13, 1985.


Attorney(s) appearing for the Case

William A. Kahn, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Allan B. Blumberg and Edward S. Harris, Asst. Attys. Gen., Baltimore, on the brief), for appellant.

David M. Layton, Towson (Wallace Dann, Towson, on the brief), for appellee, John W. Brawner Contracting Co., Inc.

John H. Thornton, Salisbury (Cullen, Clark, Insley & Hanson, Salisbury, on the brief), for appellee, J. Roland Dashiell & Sons, Inc.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and McAULIFFE, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.


SMITH, Judge.

COMAR 21.05.02.12D states relative to State contracts:

"Mistakes Discovered After Award. Mistakes [in bids] may not be corrected after award of the contract except when the procurement officer and the head of a procurement agency makes [sic] a determination that it would be unconscionable not to allow the mistake to be corrected. Changes in price are not permitted. Corrections shall be submitted to and approved by the State Law Department...

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