63G-6-806 - Decisions of chief procurement officer to be in writing -- Effect of no writing.
63G-6-806. Decisions of chief procurement officer to be in writing -- Effect of nowriting.
(1) The chief procurement officer, the head of a purchasing agency, or the designee ofeither officer shall promptly issue a written decision regarding any protest, debarment orsuspension, or contract controversy if it is not settled by a mutual agreement. The decision shallstate the reasons for the action taken and inform the protestor, contractor, or prospectivecontractor of the right to judicial or administrative review as provided in this chapter.
(2) A decision shall be effective until stayed or reversed on appeal, except to the extentprovided in Section 63G-6-802. A copy of the decision under Subsection (1) shall be mailed orotherwise furnished immediately to the protestor, prospective contractor, or contractor. Thedecision shall be final and conclusive unless the protestor, prospective contractor, or contractorappeals administratively to the procurement appeals board in accordance with Subsection63G-6-810(2) or the protestor, prospective contractor, or contractor commences an action indistrict court in accordance with Section 63G-6-815.
(3) If the chief procurement officer, the head of a purchasing agency, or the designee ofeither officer does not issue the written decision regarding a contract controversy within 60calendar days after written request for a final decision, or within such longer period as may beagreed upon by the parties, then the contractor may proceed as if an adverse decision had beenreceived.
Renumbered and Amended by Chapter 382, 2008 General Session