Terms Used In Louisiana Revised Statutes 39:1672.3

  • 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
  • Contractor: means any person having a contract with a governmental body. 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
  • Services: means the furnishing of labor, time, or effort by a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. See Louisiana Revised Statutes 39:1556

This Section applies to a claim by or controversy between the state and a contractor arising out of a contract for professional, personal, consulting, or social services.  If such a claim or controversy is not resolved by mutual agreement, the commissioner of administration, or his designee, shall promptly issue a decision in writing.  A copy of that decision shall be mailed or otherwise furnished to the contractor, shall state the reasons for the action taken, and shall inform the contractor of his right to judicial relief as provided in this Subpart.  The decision shall be final and conclusive unless fraudulent, or unless the contractor institutes suit pursuant to this Subpart.  If the commissioner of administration, or his designee, does not issue a written decision within one hundred twenty days after written request for a final decision, or within such longer period as may be established in writing by the parties to the contract, then the contractor may proceed as if an adverse decision had been received.

Added by Acts 1978, No. 772, §1; Acts 1985, No. 673, §1; Acts 2014, No. 684, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.

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