Resolution of contract and breach of contract controversies applicability - authority.

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(1) This section applies to controversies between the state and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies which are based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission.

(1.5) When a controversy cannot be resolved by mutual agreement, the aggrieved party may submit the controversy to the procurement official. The procurement official or his or her designee shall, within twenty business days after receiving a written request by the aggrieved party for a final decision, issue a written decision.

(2) The procurement official or his or her designee is authorized to settle and resolve any controversy described in subsection (1) of this section. This authority shall be exercised pursuant to rules promulgated by the executive director which shall provide for an expeditious resolution of the controversy.

Source: L. 81: Entire article added, p. 1279, § 1, effective January 1, 1982. L. 96: (2) amended, p. 1538, § 117, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, § 45, effective August 9.


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