HARRY HUGHES, Governor                                     3127

State or a contract which has been entered into by the State.
Disputes relating to the formation of a contract include but are
not limited to those concerning the qualification of bidders or
offerors and the determination of the successful bidder or
offeror. Disputes relating to a contract which has been entered
into by the State include but are not limited to those concerning
the performance, breach, modification, and termination of the
contract.

(b) [The] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, THE resolution of these disputes shall be in accordance
with regulations established by the respective departments, and
the procurement officer's decision shall be in writing. Except
in the adoption of regulations, the Administrative Procedure Act
shall not apply to proceedings under this section.

(C) (1) THIS SUBSECTION APPLIES TO THE RESOLUTION OF
DISPUTES RELATING TO CONSTRUCTION CONTRACTS THAT HAVE BEEN
ENTERED INTO.

(2) WHEN A CLAIM REMAINS AFTER THE PROCUREMENT AGENCY
HAS ACCEPTED THE CONSTRUCTION PROJECT FOR MAINTENANCE, THE
CONTRACTOR MAY SUBMIT TO THE PROCUREMENT AGENCY, WITHIN 60 DAYS
AFTER THE PAYMENT OF THE FINAL ESTIMATE, A WRITTEN EXPLANATION OF
THE CLAIM CONTAINING.

(2) WITHIN 30 DAYS OF THE FILING OF A NOTICE OF A
CLAIM, THE CONTRACTOR SHALL SUBMIT TO THE PROCUREMENT AGENCY A
WRITTEN EXPLANATION OF THE CLAIM CONTAINING:

(I)  THE AMOUNT OF THE CLAIM;

(II)  THE FACTS UPON WHICH THE CLAIM IS BASED;
AND

(III)  ALL PERTINENT DATA AND CORRESPONDENCE
THAT MAY SUBSTANTIATE THE CLAIM.

(3)  THE CLAIM SHALL BE REVIEWED BY THE PROCUREMENT
AGENCY HEAD OR, IF THE AGENCY IS A PART OF A PRINCIPAL DEPARTMENT
OR AN EQUIVALENT UNIT OF STATE GOVERNMENT, BY THE SECRETARY OR
THE EQUIVALENT OFFICIAL UNLESS REVIEW HAS BEEN DELEGATED TO THE
AGENCY HEAD BY REGULATION.

(4)  WITHIN 90 180 DAYS AFTER RECEIPT OF THE CLAIM,
THE AGENCY HEAD, SECRETARY, OR EQUIVALENT OFFICIAL SHALL
INVESTIGATE THE CLAIM AND NOTIFY THE CONTRACTOR, IN WRITING, OF A
DECISION REGARDING RESOLUTION OF THE CLAIM. THE 99 180 DAY TIME
LIMIT MAY BE EXTENDED FOR AN ADDITIONAL 30 DAYS BY MUTUAL
AGREEMENT OF THE PARTIES.

(5)  (I) A DECISION NOT TO PAY A CLAIM IS A FINAL
ACTION FOR THE PURPOSES OF APPEAL TO THE BOARD OF CONTRACT
APPEALS.