Contract Claim Appeal
AlabamaStatus:
No Official Guidance
AlaskaStatus:
Statutory Guidance
Citation:
AK ST § 36.30.625
Citation Language:
(a) An appeal from a decision of the procurement officer on a contract claim may be filed by the contractor with the commissioner of administration or, for a claim involving a construction contract or procurement for the state equipment fleet, the commissioner of transportation and public facilities. The appeal shall be filed within 14 days after the decision is received by the contractor. An appeal by a contractor of the Department of Transportation and Public Facilities may not raise any new factual issues or theories of recovery that were not presented to and decided by the procurement officer in the decision under AS 36.30.620(b), except that a contractor may increase the contractor's calculation of damages if the increase arises out of the same operative facts on which the original claim was based. The contractor shall file a copy of the appeal with the procurement officer. (b) An appeal must contain a copy of the decision being appealed and identification of the factual or legal errors in the decision that form the basis for the appeal. (c) The Department of Transportation and Public Facilities, or a contracting agency to whom the responsibility for handling the claim is delegated by the Department of Transportation and Public Facilities under AS 36.30.632, shall handle the appeal of a claim under this section expeditiously.
Public Link:
ArizonaStatus:
Statutory Guidance
Citation:
AZ ADC R2-7-B904
Citation Language:
A. The claimant may appeal the final decision of the agency chief procurement officer to the director within 30 days from the date the decision is received. The claimant shall file a copy of the appeal with the director, the agency chief procurement officer, and the state procurement administrator. B. The claimant shall file the appeal in writing and shall include the following: 1. A copy of the decision of the agency chief procurement officer; 2. A statement of the factual areas of agreement or disagreement; and 3. The precise factual or legal error in the decision of the agency chief procurement officer from which an appeal is taken. C. The agency chief procurement officer shall file a complete report on the appeal with the director and the state procurement administrator within 14 days from the date the appeal is filed, providing a copy to the claimant at that time by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The report shall include a copy of the claim, a copy of the agency chief procurement officer's decision, if applicable, and any other documents that are relevant to the claim. D. The director shall resolve appeals on claim decisions as contested cases under A.R.S. § 41-1092.07.
ArkansasStatus:
Other
Citation:
AR ADC 030.00.1-7.1
Citation Language:
Petitions for Re-Hearing and/or Motions for Reconsideration will only be entertained if they set forth new or additional evidence which was not available to the moving party at the time of the scheduled hearing. Such petitions for Re-Hearing or Motions for Reconsideration shall be filed with the Commission within 40 days from the date of the Commission's findings and determinations. No claim requiring action by the General Assembly will be forwarded to that body within the aforementioned 40 day period without the written approval of the Claimant(s) and Respondent(s).
Comments:
No right to appeal but a petition of Re-Hearing and/or Motion for Reconsideration can be filed with the State of Arkansas Claims Commission *For public link command f "Rule 7.1" *
CaliforniaStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
ColoradoStatus:
Statutory Guidance
Citation:
CO ST § 24-109-107
Citation Language:
(1) The procurement official or his or her designee shall issue a written decision within the periods specified in this article 109 regarding any protest, debarment or suspension, or contract controversy if it is not settled by mutual agreement. The decision shall state the reasons for the action taken and give notice to the aggrieved party of his or her right to administrative review of any material issue and judicial review as provided for in this article 109. (2) A decision shall be effective unless reversed on appeal. A copy of the decision rendered under subsection (1) of this section shall be mailed or otherwise furnished immediately to the aggrieved party. The decision shall be final and conclusive unless the aggrieved party appeals the decision to the executive director or commences an action in court pursuant to this article 109. Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, an appeal from a decision under this section shall not be subject to the provisions of section 24-4-105. (3) If the procurement official or his or her designee does not issue a written decision regarding a contract controversy within twenty business days after written request for a final decision, or within such longer period as may be agreed upon by the procurement official or his or her designee and the contractor, then the contractor may proceed as if a decision against him or her had been rendered.
ConnecticutStatus:
No Official Guidance
DelawareStatus:
No Official Guidance
District of ColumbiaStatus:
Statutory Guidance
Citation:
DC CODE § 2-360.03
Citation Language:
(a) The Board shall be the exclusive hearing tribunal for, and shall review and determine de novo: (1) Any protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or the contractor who is aggrieved in connection with the solicitation or award of a contract; (2) Any appeal by a contractor from a final decision by the contracting officer on a claim by a contractor, when the claim arises under or relates to a contract; and (3) Any claim by the District against a contractor, when such claim arises under or relates to a contract. (b) Jurisdiction of the Board shall be consistent with the coverage of this chapter as set forth in § 2-351.05, except that the Board may enter into fee-for-service agreements with agencies, departments, boards, commissions, and instrumentalities of the District or other public entities that are not subject to the Board's jurisdiction. The agreements shall provide for the Board to resolve contract disputes, including appeals and protests of those agencies, departments, boards, commissions, and instrumentalities. With agreements of the parties, the Board may provide alternate dispute resolution services.
FloridaStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
GeorgiaStatus:
No Official Guidance
GuamStatus:
Statutory Guidance
Citation:
GAR 2-4-12-§12101
Citation Language:
These Rules of Procedure are promulgated under the authority of 5 GCA Chapter 5, Article 12, and Public Law 28-68, which gives the Public Auditor the duty to be in control of and be responsible for procurement Appeals in Guam, and the authority to adopt rules of procedure pursuant to 5 GCA § 5701. These rules shall be construed and applied to provide for the expeditious resolution of controversies in accordance with the requirements of 5 GCA Chapter 5 (Guam Procurement Law) and the Guam Procurement Regulations contained in 2 GAR Division 4.
HawaiiStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
IdahoStatus:
No Official Guidance
IllinoisStatus:
No Official Guidance
IndianaStatus:
No Official Guidance
IowaStatus:
No Official Guidance
KansasStatus:
No Official Guidance
KentuckyStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
LouisianaStatus:
Statutory Guidance
Citation:
LA R.S. 39:1685
Citation Language:
A. Scope. This Section applies to a review by the commissioner of a decision under R.S. 39:1673. B. Time limitation on filing an appeal. The aggrieved contractor shall file its appeal with the commissioner within fourteen days of the receipt of the determination under R.S. 39:1673(C). C. Decision. The commissioner shall decide within fourteen days the contract or breach of contract controversy. Any prior determination by the state chief procurement officer or his designee shall not be final or conclusive. D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the contractor. E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies: (1) The decision is fraudulent. (2) The contractor has timely appealed an adverse decision of the commissioner to the court in accordance with R.S. 39:1691(C).
Public Link:
MaineStatus:
No Official Guidance
MarylandStatus:
Statutory Guidance
Citation:
MD ADC 21.10.04.09
Citation Language:
A. An appeal to the Appeals Board shall be mailed or otherwise filed within 30 days of the receipt of notice of the final decision. The notice shall indicate that an appeal is intended, shall reference the decision from which the appeal is being taken, and shall identify the contract involved. B. An appeal based upon a failure to reach a decision within the period prescribed in Regulation .04E of this chapter may be filed after the expiration of the prescribed period. If a procurement officer's decision is issued after the expiration of the prescribed period but before a notice of appeal is filed with the Appeals Board, §A of this regulation applies to any subsequent appeal. C. A copy of the notice of appeal shall be furnished to the procurement officer. D. An appeal received by the Appeals Board after the time prescribed in §A or B of this regulation may not be considered unless it was sent by registered or certified mail not later than the fifth day before the final date for filing an appeal as specified in §A or B of this regulation. A date affixed by postage meter will not be considered as evidence of the actual mailing date. The only acceptable evidence to establish the date of mailing shall be the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark is illegible, the appeal shall be deemed to have been filed when received by the Appeals Board.
MassachusettsStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
MichiganStatus:
No Official Guidance
MinnesotaStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
MississippiStatus:
Statutory Guidance
Citation:
12 MS ADC Pt. 6, R. 6.103.04.2
Citation Language:
Final Decision The Procurement Officer shall immediately furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, and include in the decision: (a) a description of the controversy; (b) a reference to pertinent contract provisions; (c) a statement of the factual areas of agreement or disagreement; (d) a statement of the Procurement Officer's decision, with supporting rationale; (e) a paragraph substantially as follows: “This is the final decision of the Procurement Officer. This decision may be appealed to the Procurement Review Board. If you decide to make such an appeal, you must mail or otherwise furnish written notice of appeal to the Procurement Review Board within 7 days from the date you receive this decision. A copy of the notice of appeal shall be furnished to the Procurement Officer from whose decision the appeal is taken. The notice shall indicate that an appeal is intended, reference the decision from which the appeal is being taken, and identify the contract involved.”
MissouriStatus:
No Official Guidance
MontanaStatus:
No Official Guidance
NebraskaStatus:
Statutory Guidance
Citation:
NE ST § 81-8, 300
Citation Language:
(1) After investigation, the Risk Manager or State Claims Board shall either approve, approve with conditions or limitations, or disapprove of each claim or request and append to the claim or request a concise statement of the facts brought out in such investigation upon which its approval or disapproval is based. If any claim is approved in an amount of more than five thousand dollars, the approval of the board is required. Such claim or request, together with the original papers supporting it and the appended statement, shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall promptly notify each claimant of the decision by the Risk Manager or State Claims Board on his or her claim by regular mail. The notification shall include (a) the decision of the Risk Manager or State Claims Board, (b) a statement that a claimant dissatisfied with the decision of the Risk Manager may have his or her claim reviewed by the board or a statement that a claimant dissatisfied with the decision of the board may have his or her claim reviewed by the Legislature upon application, (c) the procedure for making an application for review, and (d) the time limit for making such application. (2) If the claimant is dissatisfied with the decision of the Risk Manager, he or she may file an application for review by the board. If the claimant is dissatisfied with the decision of the board, he or she may file an application for review by the Legislature. The application for review shall be filed with the Risk Manager in the manner prescribed by the board. The application for review shall be filed within sixty days after the date of the decision which is being reviewed. (3) Each claim which has been approved or for which an application for review with the Legislature has been filed and each request referred to in section 81-8,297 shall be delivered electronically by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date of the decision of the board. The Risk Manager may direct the payment by the state agency involved of any claim not in excess of five thousand dollars if such payment is agreed to by the head of the agency involved. The State Claims Board may direct payment by the state agency involved of any claim not in excess of fifty thousand dollars if such payment is agreed to by the head of the agency involved and the agency has sufficient funds to pay the claim. If claims approved by the Risk Manager or State Claims Board arise out of the same facts and circumstances, they shall be aggregated. If the Risk Manager or State Claims Board does not direct the payment of a claim as set forth in this section or the claim exceeds the dollar limitations set forth in this section, the claim shall be reviewed by the Legislature and an appropriation made therefor if appropriate. The Risk Manager shall report electronically all claims and judgments paid under the State Miscellaneous Claims Act to the Clerk of the Legislature and the chairperson of the Business and Labor Committee of the Legislature. The report shall include the name of the claimant, a statement of the amount claimed and paid, and a brief description of the claim including the agency and program or activity under which the claim arose. Any member of the Legislature may receive an electronic copy of the report by making a request to the Risk Manager.
NevadaStatus:
No Official Guidance
New HampshireStatus:
No Official Guidance
New JerseyStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
New MexicoStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
New YorkStatus:
Statutory Guidance
Citation:
Office of General Service's Dispute Resolution Policy
North CarolinaStatus:
Statutory Guidance
Citation:
NC ST § 143-135.3
Citation Language:
(a) For purposes of this section, the following shall apply: (1) “Board” shall mean the State of North Carolina or any board, bureau, commission, institution, or other agency of the State, as distinguished from a board or governing body of a subdivision of the State. (2) “A contract for construction or repair work” shall mean any contract for the construction of buildings and appurtenances thereto, including, but not by way of limitation, utilities, plumbing, heating, electrical, air conditioning, elevator, excavation, grading, paving, roofing, masonry work, tile work and painting, and repair work as well as any contract for the construction of airport runways, taxiways and parking aprons, sewer and water mains, power lines, docks, wharves, dams, drainage canals, telephone lines, streets, site preparation, parking areas and other types of construction on which the Department of Administration or The University of North Carolina enters into contracts. (3) “Contractor” shall include any person, firm, association or corporation which has contracted with a State board for architectural, engineering or other professional services in connection with construction or repair work as well as those persons who have contracted to perform such construction or repair work. (b) A contractor who has not completed a contract with a board for construction or repair work and who has not received the amount that contractor claims is due under the contract may submit a verified written claim to the Director of the Office of State Construction of the Department of Administration for the amount the contractor claims is due. The Director may deny, allow, or compromise the claim, in whole or in part. A claim under this subsection is not a contested case under Chapter 150B of the General Statutes. (c) A contractor who has completed a contract with a board for construction or repair work and who has not received the amount that contractor claims is due under the contract may submit a verified written claim to the Director of the Office of State Construction of the Department of Administration for the amount the contractor claims is due. The verified written claim shall be submitted within 60 days after the contractor receives a final statement of the board's disposition of the claim and shall state the factual basis for the claim. The contractor may appear before the Director, either in person or through counsel, to present facts and arguments in support of the verified written claim. The Director may allow, deny, or compromise the verified written claim, in whole or in part. The Director shall give the contractor a final written decision, as provided in subsection (c2) of this section, allowing or denying those portions of the contractor's claim that have not been previously compromised. (c1) A contractor who is dissatisfied with the Director's final written decision on a verified written claim, or any portion of a verified written claim, submitted under subsection (c) of this section may commence a contested case on the claim under Chapter 150B of the General Statutes. The contested case shall be commenced within 60 days of receiving the Director's written statement of the decision. (c2) The verified written claim submitted under subsection (c) of this section shall be disposed of as follows: (1) If the verified written claim was originally for an amount less than one hundred thousand dollars ($100,000), the Director shall investigate and issue a final written decision allowing or denying the verified written claim, in whole or in part, within 120 days of receipt of the contractor's verified written claim. (2) If the verified written claim was originally for an amount of at least one hundred thousand dollars ($100,000) but less than five million dollars ($5,000,000), the Director shall investigate and issue a final written decision allowing or denying the verified claim, in whole or in part, within 180 days of receipt of the contractor's verified written claim. (3) If the verified written claim was originally for an amount of five million dollars ($5,000,000) or more, the Director shall investigate and issue a final written decision allowing or denying the verified written claim, in whole or in part, within 270 days of receipt of the contractor's verified written claim. (c3) Prior to the expiration of the time periods provided for in subsection (c2) of this section, the Director and contractor may, in writing, extend the time in which the Director shall issue a final written decision. The Director's failure to issue a final written decision as provided in subsection (c2) of this section, or at the expiration of the agreed-upon extended time, shall be deemed a denial of the portions of the verified written claim not previously compromised, and the contractor may seek relief on those portions of the verified written claim as provided in subsection (c1) or (d) of this section. (d) As to any portion of a verified written claim that is denied by the Director under subsection (c) of this section, the contractor may, in lieu of the procedures set forth in subsection (c1) of this section, within six months of receipt of the Director's final written decision, institute a civil action for the sum the contractor claims to be entitled to under the contract by filing a verified complaint and the issuance of a summons in the Superior Court of Wake County or in the superior court of any county where the work under the contract was performed. The procedure shall be the same as in all civil actions except that all issues shall be tried by the judge, without a jury. (e) The provisions of this section are part of every contract for construction or repair work made by a board and a contractor. A provision in a contract that conflicts with this section is invalid.
North DakotaStatus:
No Official Guidance
OhioStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
OklahomaStatus:
No Official Guidance
OregonStatus:
No Official Guidance
PennsylvaniaStatus:
Statutory Guidance
Citation:
PA ST 62 Pa.C.S.A. § 1725(f)
Citation Language:
(f) Appeals.--Within 30 days of a final order being entered, a party may file an appeal with Commonwealth Court in accordance with 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).
Puerto RicoStatus:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 55.- Creation of the Auction Review Board. The Board is created Auction Reviewer, attached to the Administration, which will be quasi-judicial in nature and will be empowered to review any challenge to the determinations or awards made by the Auxiliary Administration of the Area by the Service Administration Auction Board of the Government of Puerto Rico or by the Auction Boards of the Exempt Entities. The Board of Review shall receive from the Administration and the Administration shall provide the Board with the administrative support necessary for the discharge of their functions. However, the Review Board shall have operational autonomy. shall follow the corresponding regulations established by this Law and shall act in accordance with the independent of the Administration and the Auction Board. This Board shall have sufficient technical, legal and administrative staff to carry out the corresponding tasks, including the resources required to carry out its function. Provided that officials or employees of other agencies or agencies, to provide assistance in the work of the Board.
Rhode IslandStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
South CarolinaStatus:
Statutory Guidance
Citation:
SC Code Ann § 11-35-4410 ; SC Code Ann § 11-35-4230(6)
Citation Language:
(1) Creation. There is created the South Carolina Procurement Review Panel which is charged with the responsibility to review and determine de novo: (a) requests for review of written determinations of the chief procurement officers pursuant to Sections 11-35-4210(6), 11-35-4220(5), and 11-35-4230(6); and (b) requests for review of other written determinations, decisions, policies, and procedures arising from or concerning the procurement of supplies, services, information technology, or construction procured in accordance with the provisions of this code and the ensuing regulations; except that a matter which could have been brought before the chief procurement officers in a timely and appropriate manner pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, must not be the subject of review under this paragraph. Requests for review pursuant to this paragraph must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of the written determinations, decisions, policies, and procedures. ; (6) Finality of Decision. A decision pursuant to subsection (4) is final and conclusive, unless fraudulent or unless a person adversely affected requests a further administrative review by the Procurement Review Panel pursuant to Section 11-35-4410(1) within ten days of the posting of the decision in accordance with Section 11-35-4230(5). The request for review must be directed to the appropriate chief procurement officer, who shall forward the request to the panel, or to the Procurement Review Panel, and must be in writing setting forth the reasons why the person disagrees with the decision of the appropriate chief procurement officer. The person also may request a hearing before the Procurement Review Panel. The appropriate chief procurement officer and any affected governmental body shall have the opportunity to participate fully in a later review or appeal, administrative or legal.
Public Link:
South DakotaStatus:
No Official Guidance
TennesseeStatus:
Statutory Guidance
Citation:
TN ST § 9-8-108
Citation Language:
(a) The board of claims: (1) Has the authority, but is not required, to investigate and hear claims and make awards when appropriate in cases based on acts or omissions of state officers or employees where a claim does not fall within the jurisdiction of the claims commission under § 9-8-307(a). The board of claims shall not have jurisdiction over any claim arising under § 9-8-307(a), even though the claimant requests punitive damages and/or damages in excess of those set forth in § 9-8-307(e). No award shall be made unless the board determines that the facts would entitle the claimant to a judgment in action at law. Where the board determines to hear a claim, it may refer the claim to a designee for a hearing and written recommendation to the board on whether or not to make an award. If the recommendation by the designee is against an award or less than the amount requested by the claimant, the claimant shall have the right to an appeal to the board. The board may, in its discretion, hold a hearing or decide the claim on the record. All decisions of the board shall be final;
TexasStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
US Virgin IslandsStatus:
No Official Guidance
UtahStatus:
No Official Guidance
VermontStatus:
No Official Guidance
VirginiaStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
WashingtonStatus:
No Official Guidance
West VirginiaStatus:
No Official Guidance
WisconsinStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
WyomingStatus:
No Official Guidance
Comments:
Decision must be challenged in court.
