La. Admin. Code tit. 34 § XIII-1507

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

Section XIII-1507 - Damages

A. Protest Damages. The CPO, or designee, any hearing officer, and any court properly hearing any matter arising out of any protest may award damages to the aggrieved party when the protest brought by such aggrieved party is sustained and the aggrieved party should have been awarded the contract but was not. Such damages shall be limited exclusively to reasonable costs incurred in connection with the solicitation, including bid preparation costs other than attorneys fees.

B. Contract Damages. The CPO, or designee, any hearing officer, and any court properly hearing any matter arising out of any contract controversy may award damages to the contractor when the contract controversy brought by such contractor is sustained. Such damages shall be limited exclusively to the actual expenses reasonably incurred in performance of the contract.

C. Administrative Costs. Any administrative determination of costs or expenses recoverable pursuant to this section shall be final, subject to the discretionary review of the management board.

D. Limitations. In no event shall damages awarded by the CPO, or designee, any hearing officer, the CEO, or designee, or any court include attorney fees or any incidental, indirect, special, or consequential damages, including but not limited to loss of use, revenue or profit, whether reasonably certain or not.

La. Admin. Code tit. 34, § XIII-1507

Promulgated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Office of Procurement and Property Management, LR 41551 (3/1/2015).

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