Model Procurement - Jefferson County Public Schools
Model Procurement - Jefferson County Public Schools
Model Procurement - Jefferson County Public Schools
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<strong>Procurement</strong> Regulations<br />
9.3.6 If the Director of Purchasing or the Executive Director<br />
of Facilities and Transportation does not issue the written<br />
decision required under paragraph 9.3.3 within thirty<br />
(30) working days after written request for a final decision,<br />
or within such longer period as may be agreed upon by the<br />
parties, then the contractor may proceed as if an adverse<br />
decision had been received.<br />
9.3.7 Upon an adverse decision from the Director of Purchasing<br />
or the Executive Director of Facilities and Transportation,<br />
the contractor shall within ten (10) days, or such<br />
longer period as may be agreed upon by the Board and the<br />
contractor, file a written appeal to the Superintendent or<br />
his designee, who shall take the matter under submission<br />
upon time periods and oral or written requirements as may<br />
be agreed between the Board and the Contractor, and upon<br />
final submission and hearing of the facts in dispute, shall<br />
render a decision to the contractor by certified mail, return<br />
receipt requested, within thirty (30) days of final submission<br />
of all pertinent information, documentation and evidence<br />
needed to make a decision. The decision of the Superintendent<br />
or his designee shall be final and conclusive<br />
in regards to protests filed under section 9.1. In the case of<br />
disputes filed under paragraph 9.3, the decision of the Superintendent<br />
or his designee shall be final and conclusive,<br />
unless determined by a court of competent jurisdiction to<br />
have been fraudulent or clearly arbitrary and capricious or<br />
contrary to law.<br />
9.4 Solicitations or Awards in Violation of the<br />
Law<br />
9.4.1 The provisions of this paragraph apply where it is<br />
determined administratively that a solicitation or award of<br />
the contract is in violation of the law.<br />
9.4.2 If prior to the award it is determined that a solicitation<br />
or proposed award of a contract is in violation of the<br />
law, then the solicitation or proposed award shall be<br />
(a) Cancelled; or<br />
(b) Revised to comply with the determination of law.<br />
9.4.3 Remedies After the Award<br />
If after an award it is determined that a solicitation or award<br />
of a contract is in violation of the law, then:<br />
(a) If the person awarded the contract has not acted<br />
fraudulently or in bad faith:<br />
(i) the contract may be ratified and affirmed; provided<br />
it is determined that doing so is in the best interests of<br />
the Board; or<br />
(ii) the contract may be terminated and the person<br />
previously awarded the contract shall be compensated<br />
for the actual expenses reasonably incurred under the<br />
contract, plus a reasonable profit, prior to the termination.<br />
(b) If the person awarded the contract has acted fraudulently<br />
or in bad faith:<br />
(i) the contract may be declared null and void; or<br />
9.5 Interest<br />
(ii) the contract may be ratified and affirmed if such<br />
actions are in the best interests of the Board, without<br />
prejudice to the Boardʼs right to such damages as may<br />
be appropriate.<br />
Interest on amounts ultimately determined to be due to a<br />
contractor or the Board shall be payable at the statutory<br />
rate applicable to judgment from the date the claim arose<br />
through the date of decision or judgment, whichever is<br />
later.<br />
9.6 Actions on Board Contracts<br />
Any person having a contract with the Board may bring<br />
an action against the Board on the contract, including but<br />
not limited to actions either for breach of a contract or for<br />
enforcement of a contract, or both. Any such action shall<br />
be brought in the <strong>Jefferson</strong> Circuit Court and shall be tried<br />
by the court sitting without a jury. All defenses in law and<br />
equity, except the defense of governmental immunity, shall<br />
be preserved to the Board. If damages awarded on any contract<br />
claim under this section exceed the original amount<br />
of the contract, such excess shall be limited to an amount<br />
which is equal to the amount of the original contract.<br />
9.7 Presumption of Correctness of Board<br />
Decisions<br />
The decision of the Superintendent, the Director of Purchasing,<br />
the Executive Director of Facilities and Transportation<br />
or any other person appointed by the Board concerning<br />
any controversy arising under, or in connection with,<br />
the solicitation or award of a contract, shall be entitled to a<br />
presumption of correctness and shall not be disturbed unless<br />
the decision was procured by fraud or the findings of<br />
fact by such person do not support the decision.<br />
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