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(a)
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(1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm’s existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract.
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(2)
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(A) If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency’s determination to the State Procurement Director.
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(B) The decision of the director regarding an appeal under this subsection is final and conclusive.
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(C) The director shall adopt rules to establish the process and procedure for appeals under this subsection.
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(b) As used in this section, “state agency” means the same as defined in § 22-2-102.
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(c) The Secretary of the Department of Finance and Administration shall adopt rules to provide guidance on what is considered to be a material issue under subsection (a) of this section.
