Section R19-3-565. Procurement Officer’s Decision Regarding Con- tract Claims

A.      If a claim cannot be resolved under R19-3-564, the procure- ment officer shall, upon a written request by the claimant for a

final decision, issue a written decision no more than 60 days after the request is filed. Before issuing a final decision, the procurement officer shall review the facts pertinent to the claim and secure any necessary assistance from legal, fiscal, and other advisors.

B.       The procurement officer shall furnish the decision to the claimant, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, with a copy to the Director. The decision shall include:

1.        A description of the claim;

2.        A reference to the pertinent contract provision;

3.        A statement of the factual areas of agreement or disagree- ment;

4.        A statement of the procurement officer’s decision, with supporting rationale; and

5.        A paragraph which substantially states: “This is the final decision of the procurement officer. This decision may be appealed under A.R.S. Title 41, Chapter 6, Article 10 within 30 days from receipt of the decision. If you appeal, you must file a written notice of appeal containing the information required in R19-3-566(B) with the procure- ment officer within 30 days from the date you receive this decision.”

C.      If the procurement officer fails to issue a decision on a contract claim within 60 days after the request is filed, the claimant may proceed as if the procurement officer had issued an adverse decision.

Historical Note

New Section R19-3-565 renumbered from R19-3-557 and amended by final rulemaking at 19 A.A.C. 1641, effective August 4, 2013 (Supp. 13-2).