La. Admin. Code tit. 34 § XIII-1503

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-1503 - Dispute Resolution

A. Authority of CPO. The CPO is authorized to resolve protests and contract controversies. Detailed procedures will be regarding calculation of deadline dates, methods of transmitting protests and contract controversies, and similar administrative matters.

B. Protests

1. All protests to a solicitation shall be filed in writing with the CPO no later than three days prior to the response submission deadline, excluding Saturdays, Sundays, and postal holidays. All protests to the award of a contract shall be filed with the CPO no later than seven days after the issuance of the notification of award.

2. The CPO shall render a written decision regarding a protest within 14 days, excluding Saturdays, Sundays, and postal holidays after receipt of the protest and any subsequently submitted information. A written decision shall be furnished to the aggrieved party and other interested parties.

3. In the event of a timely protest relating to a solicitation or the award of a contract, university shall not proceed with the solicitation or the award of a contract unless the CPO makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the university.

4. Protest Bonds. Bonds may be required, and must have been included in the solicitation, when the university determines that the harm from delay of implementation of a contract could adversely affect the operations of the university.

C. Contract Controversies

1. All contract controversies shall be filed with the CPO no later than seven days after either the termination of the contract or the event giving rise to the controversy, whichever is later.

2. The CPO shall render a written decision regarding a contract controversy within seven days, excluding Saturdays, Sundays and postal holidays. After all parties to the controversy have had a reasonable opportunity to state in writing their position on the issues involved and their responses to the positions of other parties to the controversy, a written decision shall be furnished to the contractor.

D. Hearing. If the CPO determines that the issues involved in a protest or contract controversy are complex, obscure or would best be evaluated based on the testimony of the parties or others, the CPO may extend the relevant time periods or call for a hearing at which evidence may be received, a record created and a decision rendered by an independent hearing officer designated by the CPO. All interested parties shall be allowed to fully participate in such a hearing.

E. Decision of CPO. A decision of the CPO or a designated hearing officer regarding a protest or a contract controversy is final and conclusive except when:

1. the person or entity adversely affected has filed an appeal as provided in this Section.

F. Appeal. Any person or entity aggrieved by the decision of the CPO or hearing officer regarding a protest or a contract controversy may appeal the decision to the CFO or designee within seven days of receipt of the written decision. Review by the CFO or designee of the decision of the CPO or hearing officer shall be based on documents submitted by the CPO and the person or entity aggrieved by the decision or, if a hearing was conducted, upon the record created from the hearing.

G. Final Administrative Determination. The decision of the CFO or designee regarding an appeal brought under LAC 34:XIII.1503.F may not be appealed. The decision of the CEO or designee shall constitute the final administrative determination regarding the protest or contract controversy.

H. Judicial Review. Any person or entity adversely affected by the final administrative determination regarding a protest or contract controversy may seek judicial review of the administrative determination in the Nineteenth Judicial District Court in East Baton Rouge Parish, which review shall be based on the record complied at the administrative level.

La. Admin. Code tit. 34, § XIII-1503

Promulgated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Office of Procurement and Property Management, LR 41550 (3/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of 2014.