| (a) If a claim of breach of contract is not resolved in its
entirety through negotiation or mediation in accordance with this chapter
on or before the 270th day after the unit receives the notice of claim, or
after the expiration of any extension agreed to by the parties pursuant to §71.97(f)
of this subchapter (relating to Timetable), the contractor may file a request
with the unit of state government for a contested case hearing before SOAH.
(b) A request for a contested case hearing shall state the
legal and factual basis for the claim, and shall be delivered to the chief
administrative officer of the unit of state government within a reasonable
time after the 270th day or the expiration of any written extension agreed
to pursuant to §71.97(f) of this subchapter.
(c) The unit of state government shall forward the contractor's
request for contested case hearing to the SOAH within a reasonable period
of time, not to exceed thirty days, after receipt of the request.
(d) The parties may agree to submit the case to the SOAH before
the 270th day after the notice of claim is received by the unit of state government
if they have achieved a partial resolution of the claim or if an impasse has
been reached in the negotiations and proceeding to a contested case hearing
would serve the interests of justice.
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