1. A. Design-builders who have submitted bona fide proposals may, within seven days of the announcement of the technical scores, challenge the scores based on any of the foregoing reasons, and only those reasons, by submitting a letter to the head of the public agency describing in detail the reasons for the challenge. The head of the public agency shall have the authority to resolve any challenge concerning the award of a contract. A written decision shall be rendered within 14 days and shall be mailed or otherwise furnished immediately to the design-builder making the challenge. The decision shall be final and no appeal based on price will be allowed unless:

   1. 1. the decision is fraudulent; or

   2. 2. the appeal is timely:

      1. a. if the public agency is a state entity, the person adversely affected by the decision has timely appealed to the court in accordance with R.S. 39:1691(A);
      2. b. if the public agency is a non-state entity, the person adversely affected by the decision has timely appealed to the court of proper venue for the public agency.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

Historical Note

HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2125 (October 2008).