(a) Applicability. This section applies to controversies between the state and a contractor that arise under or by virtue of a contract between the state and a contractor, including without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission.
(b) (1) The State Procurement Director, the head of a procurement agency, or a designee of either officer may settle and resolve a controversy described in subsection (a) of this section before commencement of an action in a court or any other action provided by law concerning the controversy.(2) The authority under subdivision (b)(1) of this section shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the State Procurement Director.
(1) The State Procurement Director, the head of a procurement agency, or a designee of either officer may settle and resolve a controversy described in subsection (a) of this section before commencement of an action in a court or any other action provided by law concerning the controversy.
(2) The authority under subdivision (b)(1) of this section shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the State Procurement Director.
(c) (1) If a claim or controversy as described in this section is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, then the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing.(2) The decision shall state the reasons for the action taken.
(1) If a claim or controversy as described in this section is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, then the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing.
(2) The decision shall state the reasons for the action taken.
(d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor.
(e) A decision under subsection (c) of this section is final and conclusive.
(f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days 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 has been received.