Terms Used In Louisiana Revised Statutes 39:1673

  • Chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
  • Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
  • Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
  • Court: means the Nineteenth Judicial District located in Baton Rouge and, in the event of an appeal from such a court, the First Circuit Court of Appeal located in Baton Rouge. See Louisiana Revised Statutes 39:1556
  • Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
  • in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
  • Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
  • Procurement officer: means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. See Louisiana Revised Statutes 39:1556
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

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 La. Rev. Stat. 39:1685.

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.

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Amended by Acts 1988, No. 695, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.

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