“Because it didn’t, it waived its rights to protest,” she said. She said that if CEMP objected to the rules of the procurement, it should have protested months earlier, when the rules were set. For the agency to choose the Transurban-backed Accelerate Maryland Partners, the only bidder not to have a construction company in its ranks, was to violate its duty to the public, he added.Īssistant Attorney General Lydia Hoover defended MDOT. On Monday, Capital Express Mobility Partner’s lead attorney, former Maryland Attorney General Doug Gansler, sought to convince the court that his client’s protest, which came after the agency made its selection, fell squarely within the “clear and unambiguous” provisions of state law. That case is set to to go trial next month in Montgomery County Circuit Court. If the Madrid-based consortium can convince the Court of Special Appeals that it filed its protest against the agency in a timely manner, it could pursue it’s broader claim - that MDOT erred when it awarded a potentially lucrative design contract to a group led by the toll road operator Transurban. Larry Hogan’s controversial bid to bring variably-priced toll lanes to the Capital Beltway and Interstate 270. The issue, while narrow, ties directly to a broader dispute that may determine the fate of Gov. At issue: whether the bidder, Capital Express Mobility Partners (CEMP), waited too long to file a protest against the agency. Lawyers for the Maryland Department of Transportation and a losing bidder on the Interstate 495/I-270 toll lanes project tangled before a Maryland appeals court Monday. Traffic on the Capital Beltway near River Road recently.
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