RS 39:1673     




§1673.  Authority to resolve contract and breach of contract controversies other than professional, personal, consulting, and social services contracts

A.  Applicability.  This Section applies to controversies between the state and a contractor and which arise under or by virtue of a contract between them.  This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.  Any contractor who seeks a remedy with regard to such controversy shall file a complaint with the chief procurement officer.

B.  Authority.  The chief procurement officer or his designee is authorized, prior to the commencement of an action in court concerning the controversy, to settle and resolve, with the approval of the attorney general, a controversy described in Subsection A of this Section.  This authority shall be exercised in accordance with regulations.

C.  Decision.  If such a claim or controversy is not resolved by mutual agreement, the chief procurement officer or his designee shall promptly issue a decision in writing.  The decision shall do all of the following:

(1)  State the reasons for the action taken.

(2)  Inform the contractor of its right to administrative and judicial review as provided in this Subpart.

D.  Notice of decision.  A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the contractor.

E.  Finality of decision.  The decision under Subsection C of this Section shall be final and conclusive unless one of the following applies:

(1)  The decision is fraudulent.

(2)  The contractor has timely appealed administratively to the commissioner in accordance with R.S. 39:1685.

F.  Failure to render timely decision.  If the chief procurement officer or his designee does not issue the written decision required under Subsection C of this Section within sixty days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Amended by Acts 1988, No. 695, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.