10.0282 Disputes and appeals.

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(a) Definition “Disputes” means any disagreement between contractors or potential contractors and the government regarding a procurement officer’s decision on mistakes-in-bidding, source selection, contract interpretation, or termination for convenience or default.

(b) Requirements. All such disputes shall be submitted in writing to the procurement officer making the decision. The procurement officer shall acknowledge receipt of the dispute within 5 working days of receipt and shall render a final decision within 30 working days after receipt of the dispute.

(c) Appeals. Appeals of a procurement officer’s final decision in a dispute may be made within 60 days of the date of the decision provided such appeal is submitted in writing to the Governor. The Governor shall appoint a board of at least three persons knowledgeable of procurement to review such appeals and recommend appropriate action to the Governor. None of the board members shall have participated in the action under appeal. At least one of the board members shall be a qualified attorney. Hearing procedures and documentation shall be as set forth in the Administrative Procedure Act, Section 4.1025 ASCA et. seq., and the rules.

(d) Limitation. A termination for default may only be converted to a termination for convenience as a result of a finding by the appeals on behalf of the appellant.

History: Rule 5-84, eff 11 Jul 84, (part).