§ 18:1367.4 — Authority to resolve contract and breach of contract controversies other than

Louisiana § 18:1367.4

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1367.4. Authority to resolve contract and breach of contract controversies other than
professional, personal, consulting, and social services contracts
A. Applicability. This Section applies to controversies between the state and a
contractor and which arise under or by virtue of a contract between them. This includes
without limitation controversies based upon breach of contract, mistake, misrepresentation,
or other cause for contract modification or rescission. Any contractor who seeks a remedy
with regard to such controversy shall file a complaint with the chief procurement officer.
B. Authority. The chief procurement officer or his designee is authorized, prior to
the commencement of an action in court concerning the controversy, to settle and resolve,
with the approval of the attorney general, a controversy described in Subsection A of this
Section. This authority shall be exercised in accordance with regulations.
C. Decision. If such a claim or controversy is not resolved by mutual agreement, the
chief procurement officer or his designee shall promptly issue a decision in writing. The
decision shall do all of the following:
(1) State the reasons for the action taken.
(2) Inform the contractor 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 contractor.
E. Finality of decision. The 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 contractor has timely appealed administratively to the commissioner in
accordance with R.S. 18:1367.8.
F. Failure to render timely decision. If the chief procurement officer or his designee
does not issue the written decision required under Subsection C of this Section within sixty
days after written request for a final decision, or within such longer period as may be agreed
upon by the parties, then the contractor may proceed as if an adverse decision had been
received.

Legislative History

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