Issuance and appeal of decision.

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(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.

  1. 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.

  2. If the procurement official or his or her designee does not issue a written decisionregarding 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.

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.


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