Section 3-126-28 - Procurement officer's decision(a) When a controversy cannot be resolved by mutual agreement, the procurement officer'shall promptly issue a final written decision. Before issuing the decision, the procurement officer shall: (1) Review the facts pertinent to the controversy; and(2) Secure any necessary assistance from legal, fiscal, and other advisors.(b) The procurement officer shall immediately furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, and include in the decision: (1) A description of the controversy;(2) A reference to pertinent contract provisions;(3) A statement of the factual areas of agreement or disagreement;(4) A statement of the procurement officer's decision, with supporting rationale;(5) A paragraph stating substantially as follows: "This is the final decision of the procurement officer. This decision may be appealed by initiating judicial action pursuant to section 103D-711, HRS. If you decide to initiate judicial action, you must file your complaint in the circuit court within six months of the date you receive this decision."; and(6) A copy of the complaint to initiate judicial action shall be furnished to the procurement officer from whose decision the complaint is taken. The notice shall indicate that a judicial action pursuant to section 103D-711, HRS, is intended, reference the decision from which the complaint is being taken, and identify the contract involved.(c) The procurement officer shall issue a written decision within the following time limitations: (1) For claims not exceeding fifty thousand dollars: ninety calendar days after receipt of the claim.(2) For claims exceeding fifty thousand dollars: ninety calendar days after receipt of the claim; provided that if a decision is not issued within ninety calendar days, the procurement officer shall notify the contractor of the time within which such officer will make the decision. The reasonableness of this time period will depend on the size and complexity of the claim and the adequacy of the contractor's supporting data and other relevant factors. If the procurement officer fails to issue a decision within the allowed, the contractor may proceed as if an adverse decision has been received.
(d) The amount determined payable pursuant to the decision, less any portion already paid, normally should be paid without awaiting contractor action concerning appeal. The payments shall be without prejudice to the rights of either party and where such payments are required to be returned by a subsequent decision, interest on such payments shall be paid at the statutory rate from the date of payment.[Eff 12/15/95; am and comp MAY 20 2004] (Auth: HRS §§ 103D-202, 103D-703) (Imp: HRS §§ 103D-703, 103D-711, 103D-712)