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Session Laws, 2004
Volume 801, Page 2813   View pdf image
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ROBERT L. EHRLICH, JR., Governor                            S.B. 416

(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)     (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)     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)     (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.

(4)     On remand, the procurement officer shall proceed under subsection
(b) of this section in accordance with those instructions.

15-219.

(a)     Except to the extent a shorter period is prescribed by regulation governing
differing site conditions, a contractor shall file a written notice of a claim relating to
a procurement contract for construction within 30 days after the basis for the claim is
known or should have been known.

(b)     Unless extended by the unit, within 90 days after submitting a notice of a
contract claim under a procurement contract for construction, a contractor shall
submit to the unit a written explanation that states:

(1) the amount of the contract claim;

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Session Laws, 2004
Volume 801, Page 2813   View pdf image
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