La. Admin. Code tit. 31 § III-135

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-135 - Legal and Contractual Remedies for Drayage and Storage of Voting Systems

A. The Secretary of State or his designee is authorized to settle and resolve any protest prior to court action. If a protest is not resolved by mutual agreement, the Secretary of State or his designee shall, within 14 days, issue a decision in writing. The decision shall:

1. state the reasons for the action taken; and

2. inform the protestant of its right to administrative and judicial review as provided in Part VI of the Procurement Code.

B. Notice of decision shall be furnished immediately to the protestant and any other party intervening.

C. The decision of the Secretary of State or his designee shall be final unless:

1. the decision is fraudulent; or

2. the person has appealed to the Commissioner of Administration in accordance with R.S. 39:1683 and R.S. 39:1685.

D. If a protest is lodged as provided for in these regulations, the department shall not proceed with the solicitation or award, unless the Secretary of State declares in writing that proceeding is necessary to protect the substantial interest of the state. Upon such determination, no court shall enjoin progress under award except after notice and hearing.

E. When a protest is sustained and the protesting bidder should have been awarded the contract but is not, the bidder shall be reimbursed for reasonable costs associated with the solicitation, including bid preparation costs other than attorney's fees. Any administrative determination of such costs shall require approval of the attorney general.

La. Admin. Code tit. 31, § III-135

Promulgated by the Department of State, Elections Division, LR 34:702 (April 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:742, R.S. 39:1671, R.S. 18:1673 and R.S. 18:1685.