§ 19-11-247 — Remedies for unlawful solicitation or award

(a) The provisions of this section apply where it is determined upon any review provided by law that a solicitation or award of a contract is in violation of law. (b) If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be: (1) Cancelled; or (2) Revised to comply with the law. (c) If after an award it is determined that a solicitation or award of a contract is in violation of law, then in addition to or in lieu of other remedies provided by law: (1) If the person awarded the contract has not acted fraudulently or in bad faith: (A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or (B) The contract may be terminated; (2) If the person awarded the contract has acted fraudulently or in bad faith: (A) The contract may be declared null and void; or (B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state. (d) Before a contract is ratified and affirmed under subdivision (c)(1)(A) of this section, a contract shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, for review if the contract is required to be submitted for review under § 19-11-265 .

Legislative History

Amended by Act 2021, No. 488,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 696,§ 4, eff. 8/1/2017. Acts 1979, No. 482, §§ 60-62; A.S.A. 1947, §§ 14-279 -- 14-279.2.