Ariz. Admin. Code § 2-7-B902

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-7-B902 - Agency Chief Procurement Officer's Decision

A. The agency chief procurement officer shall take reasonable steps to work with the parties to a claim to resolve all or some of the issues in the claim through either discussions or an informal settlement conference under R2-7-A910.

B. The parties to a claim shall have 60 days to resolve the claim, unless this period is modified by the agency chief procurement officer as described in this subsection. The agency chief procurement officer may end the 60-day period early, if the agency chief procurement officer determines that the claim cannot be resolved by the parties. The agency chief procurement officer may also allow additional time for the parties to resolve the claim, upon request by all parties to the claim.

C. If any issues in the claim are not resolved by a mutual agreement between the parties to the claim as described in subsections (A) and (B) of this Section, then the agency chief procurement officer shall issue a decision within 60 days of the end of the time period for discussions or settlement described in subsection (B) of this Section. Before issuing a decision, the agency chief procurement officer shall review the facts pertinent to the claim and secure any necessary assistance from legal, fiscal, and other advisors. Upon a showing of good cause, the director may grant the agency chief procurement officer up to 30 additional days to issue this decision.

D. The agency chief procurement officer shall furnish the decision to the claimant, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, with a copy to the state procurement administrator. The decision shall include:

1. A description of the claim;

2. A reference to the pertinent contract provision;

3. A statement of the factual areas of agreement or disagreement;

4. A statement of the agency chief procurement officer's decision, with supporting rationale; and

5. A paragraph which substantially states: "This is the final decision of the agency chief procurement officer. This decision may be appealed to the director of the Department of Administration. If you appeal, you must file a written notice of appeal containing the information required in R2-7-B904(B) with the director within 30 days from the date you receive this decision."

Ariz. Admin. Code § R2-7-B902

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1). Amended by final expedited rulemaking at 28 A.A.R. 2117, effective 8/12/2022.