Louisiana Administrative Code
Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL
Part V - Procurement
Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education
Section V-3117 - Judicial Appeal from Administrative Decisions [Formerly LAC 34:I.3117]
Current through Register Vol. 50, No. 3, March 20, 2024
A. Solicitation and Award of Contracts. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a bidder, proposer, or contractor, prospective or actual, to determine whether a solicitation or award of a contract is in accordance with the constitution, statutes, regulations, and the terms and conditions of the solicitation. Such actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief. Any action under R.S. 39:1691(A)shall be commenced within 14 days after receipt of the decision of the commissioner under R.S. 39:1683(C).
B. Debarment or Suspension. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a person who is subject to a suspension or debarment proceeding, to determine whether the debarment or suspension is in accordance with the constitution, statute, and regulations. Such actions shall extend to actions for declaratory, injunctive, or other equitable relief. Any action under R.S. 39:1691(B) shall be commenced within six months after receipt of the decision of the commissioner under R.S. 39:1684(C).
C. Actions under Contracts or for Breach of Contract. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a contractor who contracts with the state, for any cause of action which arises under or by virtue of the contract for a breach of the contract or whether the action is for declaratory, injunctive, or other equitable relief. Any action under R.S. 39:1691(C) shall be commenced within six months after receipt of the decision of the commissioner under R.S. 39:1685(C).
D. Disqualification of Bidders or Proposer. A bidder or proposer disqualified after a hearing conducted pursuant to R.S. 39:1601 shall have a right of appeal to the Nineteenth Judicial District Court. Any action for review of a hearing conducted pursuant to R.S. 39:1601 shall be commenced within 30 days after receipt of the hearing officer's decision or within 30 days of the receipt of a decision on an application for rehearing.
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.
