§ 24-109-101.5. Resolution of Controversies

1. The procurement official or his or her designee is authorized to settle and resolve any questions regarding:
   1. Any protest concerning the solicitation or award of a contract;
   2. Debarment or suspension from consideration for award of contracts; and
   3. Any controversy arising between the state and a contractor by virtue of a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission.
2. Any decision of the procurement official or his or her designee with respect to a material issue raised in a protest is subject to appeal pursuant to part 2 of this article 109.
3. Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, the provisions of section 24-4-105 shall not apply to the administrative procedures established pursuant to this article 109.

Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 339, § 41, effective August 9.

Editor’s note: This section is similar to former § 24-109-101 as it existed prior to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.