WILLIAM DONALD SCHAEFER, Governor                      Ch. 48

(III)  MAY DISCUSS WITH INTERESTED PARTIES AND,
IF APPROPRIATE, MAY CONDUCT NEGOTIATIONS WITH THE PERSON
INITIATING THE PROTEST OR CONTRACT CLAIM; AND

(IV)  SHALL COMPLY WITH ANY APPLICABLE
REGULATIONS.

(2) UNLESS CLEARLY INAPPROPRIATE, THE PROCUREMENT
OFFICER SHALL SEEK THE ADVICE OF THE OFFICE OF THE ATTORNEY
GENERAL.

(C)  SAME — DECISION.

(1)  SUBJECT TO SUBSECTION (B) OF THIS SECTION AND
CONSISTENT WITH THE STATE BUDGET AND OTHER APPLICABLE LAWS, THE
PROCUREMENT OFFICER SHALL:

(I)  RESOLVE THE PROTEST OR CONTRACT CLAIM BY
AGREEMENT OF THE PARTIES;

(II)  WHOLLY OR PARTLY DENY THE PROTEST OR
CONTRACT CLAIM; OR

(III)  WHOLLY OR PARTLY GRANT THE RELIEF SOUGHT
BY THE PERSON WHO SUBMITTED THE PROTEST OR CONTRACT CLAIM.

(2)  THE PROCUREMENT OFFICER PROMPTLY SHALL SEND THE
DECISION IN WRITING TO THE REVIEWING AUTHORITY.

(D)  REVIEW OF PROCUREMENT OFFICER'S DECISION.

UNLESS OTHERWISE PROVIDED BY REGULATION, THE DECISION OF THE
PROCUREMENT OFFICER SHALL BE REVIEWED PROMPTLY BY:

(1)  THE HEAD OF THE UNIT; AND

(2)  THE HEAD OF THE PRINCIPAL DEPARTMENT OR OTHER
EQUIVALENT UNIT OF WHICH THE UNIT IS A PART.

(E)  ACTION OF REVIEWING AUTHORITY.

(1)  EXCEPT AS PROVIDED UNDER PARAGRAPH (3) OF THIS
SUBSECTION, THE REVIEWING AUTHORITY SHALL APPROVE, DISAPPROVE, OR
MODIFY THE DECISION OF THE PROCUREMENT OFFICER.

(2)  THE ACTION OF THE REVIEWING AUTHORITY UNDER THIS
SUBSECTION SHALL BE THE FINAL ACTION OF THE UNIT.

(3)  THE REVIEWING AUTHORITY MAY REMAND THE PROCEEDING
WITH INSTRUCTIONS TO THE PROCUREMENT OFFICER.

- 1725 -