Section R2-7-B902. Agency Chief Procurement Officer’s Decision

A.      If a claim cannot be resolved under R2-7-B901, the agency chief procurement 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 agency chief procurement officer shall review the facts pertinent to the claim and secure any necessary assistance from legal, fiscal, and other advisors.

B.       The agency chief procurement officer shall furnish the deci- sion to the claimant, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, with a copy to the state procurement administrator. 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 agency chief procurement officer’s decision, with supporting rationale;

5.        A paragraph which substantially states: “This is the final decision of the agency chief procurement officer. This decision may be appealed to the director of the Depart- ment of Administration. If you appeal, you must file a written notice of appeal containing the information required in R2-7-B904(B) with the director within 30 days from the date you receive this decision.”

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).