§ 24-109-107 — Issuance and appeal of decision

(1) The procurement official
or his or her designee shall issue a written decision within the periods specified in
this article 109 regarding any protest, debarment or suspension, or contract
controversy if it is not settled by mutual agreement. The decision shall state the
reasons for the action taken and give notice to the aggrieved party of his or her
right to administrative review of any material issue and judicial review as provided
for in this article 109.

(2) A decision shall be effective unless reversed on appeal. A copy of the
decision rendered under subsection (1) of this section shall be mailed or otherwise
furnished immediately to the aggrieved party. The decision shall be final and
conclusive unless the aggrieved party appeals the decision to the executive
director or commences an action in court pursuant to this article 109. Except for
appeals referred to the office of administrative courts pursuant to section 24-109-201, an appeal from a decision under this section shall not be subject to the
provisions of section 24-4-105.

(3) If the procurement official or his or her designee does not issue a written
decision regarding a contract controversy within twenty business days after written
request for a final decision, or within such longer period as may be agreed upon by
the procurement official or his or her designee and the contractor, then the
contractor may proceed as if a decision against him or her had been rendered.

Legislative History

Source: L. 81: Entire article added, p. 1279, � 1, effective January 1, 1982. L. 85: Entire section amended, p. 874, � 5, effective June 6. L. 96: (1) and (3) amended, p. 1539, � 118, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, � 46, effective August 9.