Section R2-7-A910. Informal Settlement Conference

In any protest, claim or debarment proceeding, the Director may request to hold an informal settlement conference with all interested parties. The conference may be held at any time prior to a final administrative decision. If an informal settlement conference is

held, a person with the authority to act on behalf of the interested party must be present. The agency chief procurement officer shall notify the interested parties in writing that statements, either written or oral, made at the conference, including a written document, cre- ated or expressed solely for the purpose of settlement negotiations are inadmissible in any subsequent administrative or judicial hear- ing. Should any interested party choose not to participate in an informal settlement conference, the Director, or the Director’s des- ignee, in his or her discretion, may conduct the conference with those interested parties that appear, or reschedule the conference, or terminate the conference. If the informal settlement conference results in a full settlement agreement between all interested parties, that agreement shall be reduced to writing, signed by the interested parties, and entered as the final administrative decision in the pro- ceeding. If the interested parties do not reach agreement on all mat- ters at issue in the proceedings, but do agree to resolve one or some of the issues, that partial agreement shall be reduced to writing, be signed by the interested parties, and bind the interested parties through the remainder of the proceedings. If the Director, or the Director’s designee, participates in an informal settlement confer- ence, the Director, or the Director’s designee, may not participate in or attempt to influence the outcome of the final administrative deci- sion. Further, in making a final administrative decision, the Director shall not give any weight to whether or not an informal settlement conference has been held, or to any consideration of the perceived success or failure of the informal settlement conference.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1). R2-7-A910 reum- bered to R2-7-A911; new Section R2-7-A910 made by final rulemaking at 20 A.A.R. 3510, effective February 2,

2015 (Supp. 14-4).