(1) Applicability. This Section applies to controversies between the County and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or recision.
(2) Authority. The Procurement Director is authorized, prior to commencement of an action in a court concerning the controversy, to settle and resolve a controversy described in Subsection 1 of this Section.
(3) Decision. If such a controversy is not resolved by mutual agreement, the Procurement Director shall promptly issue a decision in writing. The decision shall:
(a) State the reason for the action taken; and
(b) Inform the contractor of his rights to administrative review as provided in this Article.
(4) Notice of Decision. A copy of the decision under Subsection 3 of this Section shall be mailed or otherwise furnished immediately to the contractor.
(5) Finality of Decision. The decision under Subsection 3 of this Section shall be final and conclusive, unless fraudulent, or the contractor appeals administratively to the County Administrator in accordance with this Article. Debarment is not stayed pending appeal.
(6) Failure to Render Timely Decision. If the Procurement Director does not issue the written decision required under Subsection 3 of this Section within a reasonable time after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.
(Ord. 3704, passed 6-17-2003; Ord. 5051, passed 1-22-2019)