Ariz. Admin. Code § R6-6-2116 - Resolution of Agreement Claims and Controversies

Current through Register Vol. 27, No. 52, December 24, 2021

A. Claims under Qualified Vendor Agreements shall be filed with the Department procurement officer within 12 months of the date the Department has denied payment.

B. The Department procurement officer shall have the authority to settle and resolve Qualified Vendor Agreement claims subject to subsection (C). Appeals from decisions of the Department procurement officer may be made to the Department Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A).

C. The settlement or resolution of a claim in excess of $10,000 requires the prior written approval of the Department Director.

D. If a claim cannot be resolved by mutual agreement, the Department procurement officer shall, upon a written request by the Qualified Vendor for a final decision, issue a written decision no more than 60 days after the request is filed. Before issuing a final decision, the Department procurement officer shall review the facts pertinent to the claim and secure any necessary assistance from legal, fiscal, and other advisors.

E. The Department procurement officer shall furnish a copy of the decision to the Qualified Vendor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The decision shall include:

1. A description of the claim;

2. A reference to the pertinent Qualified Vendor Agreement provision;

3. A statement of the factual areas of agreement or disagreement;

4. A statement of the Department procurement officer's decision, with supporting rationale; and

5. A Statement of the Qualified Vendor's Appeal Rights and required time-frame for appeal.

F. The Department's procurement officer may extend the time limit for decisions set forth in R6-6-2116(D) for a reasonable time not to exceed 30 days. The Department procurement officer shall notify the Qualified Vendor in writing that the time for the issuance of a decision has been extended and the date by which a decision shall be issued.

G. If the Department procurement officer fails to issue a decision within 60 days after the request is filed or within the time prescribed under subsection (F) of this rule, the Qualified Vendor may proceed as if the Department procurement officer had issued an adverse decision.

H. Upon receipt of the decision from the Department procurement officer, the protester may file an appeal with the Department's Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A).

Notes

Ariz. Admin. Code § R6-6-2116

New Section made by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).