§ 18:1367.2 — Authority to resolve protested solicitations and awards

Louisiana § 18:1367.2

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1367.2. Authority to resolve protested solicitations and awards
A. Right to protest. Any person who is aggrieved in connection with the solicitation
or award of a contract of a voting system or system components issued by the applicable
chief procurement officer shall protest to the chief procurement officer. Protests with respect
to a solicitation shall be submitted in writing at least ten days prior to the opening of bids.
Protests with respect to the award of a contract shall be submitted in writing within fourteen
days after contract award.
B. Authority to resolve protests. The chief procurement officer or his designee shall
have authority, prior to the commencement of an action in court concerning the controversy,
to settle and resolve a protest of an aggrieved person concerning the solicitation or award of
a contract. This authority shall be exercised in accordance with regulations promulgated
pursuant to R.S. 39:1671(H).
C. Decision. If the protest is not resolved by mutual agreement, the chief
procurement officer or his designee shall, within seven days, issue a decision in writing. The
decision shall:
(1) State the reasons for the action taken.
(2) Inform the protestant of its right to administrative and judicial review as provided
in this Subpart.
D. Notice of decision. A copy of the decision under Subsection C of this Section
shall be mailed or otherwise furnished immediately to the protestant and any other party
intervening.
E. Finality of decision. A decision under Subsection C of this Section shall be final
and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The person adversely affected by the decision has timely appealed
administratively to the commissioner in accordance with R.S. 18:1367.6.
F. Stay of procurements during protests. In the event of a timely protest under
Subsection A of this Section, the state shall not proceed further with the solicitation or with
the awarding of the contract unless the chief procurement officer makes a written
determination that the awarding of the contract is necessary without delay to protect the
substantial interests of the state. Upon such determination by the chief procurement officer,
no court shall enjoin progress under the award except after notice and hearing.
G. Award of costs to protestants. In addition to any other relief, when the protest is
administratively or judicially sustained and the protesting bidder or proposer should have
been awarded the contract but is not, the protesting bidder or proposer shall be entitled to the
reasonable costs incurred in connection with the solicitation, including bid or proposal
preparation costs other than attorney fees, provided that any administrative determination of
such costs shall be subject to the written concurrence of the attorney general.

Legislative History

Acts 2025, No. 208, §1, eff. June 8, 2025.