La. Admin. Code tit. 34 § XV-511

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

Section XV-511 - [Effective until 4/5/2025] Dispute Resolution

A. Right to protest. Any person who is aggrieved in connection with the solicitation or award of a contract issued by LED shall protest to the secretary. Protests with respect to a solicitation shall be submitted in writing at least two calendar days prior to the opening of bids on all matters. Protests with respect to the award of a contract shall be submitted in writing within fourteen calendar days after contract award.

B. Authority to resolve protests. The secretary shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved person concerning the solicitation or award of a contract.

C. Decision. If the protest is not resolved by mutual agreement, the secretary shall, within fourteen calendar days, issue a decision in writing. The decision shall:

1. state the reasons for the action taken.

2. inform the protestant of its right to judicial review in the Nineteenth Judicial District Court.

D. Notice of Decision. A copy of the decision under Subsection C of this Section shall be submitted or otherwise furnished to the protestant and any other party intervening.

E. Finality of Decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies:

1. the decision is fraudulent.

2. the person adversely affected by the decision has timely appealed to the court in accordance with R.S. 39:1691(A).

F. Stay of procurements during protests. In the event of a timely protest under Subsection A of this Section, LED shall not proceed further with the solicitation or with the awarding of the contract unless the secretary makes a written determination that the awarding of the contract is necessary without delay to protect the substantial interests of LED. Upon such determination by the secretary, no court shall enjoin progress under the award except after notice and hearing.

G. Award of Costs to Protestants. In addition to any other relief, when the protest is administratively or judicially sustained and the protesting bidder or proposer should have been awarded the contract but is not, the protesting bidder or proposer shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid or proposal preparation costs other than attorney fees, provided that any administrative determination of such costs shall be subject to the written concurrence of the attorney general.

La. Admin. Code tit. 34, § XV-511

Promulgated by Louisiana Economic Development, LR 51, exp. 4/5/2025 (Emergency).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:104 and R.S. 39:1554.