§ 24-109-504 — Appeals - remedies following an award

(1) If the executive
director or his or her designee determines that the solicitation or award is in
violation of this code in any material respect, the executive director or his or her
designee may cancel or terminate such solicitation or award, direct the purchasing
agency to modify such solicitation or award to eliminate any violations, or if the
procurement official determines that the solicitation or award is in the best
interests of the state, the procurement official may submit the recommendation to
ratify the solicitation or award to the executive director or his or her designee. If the
executive director or his or her designee elects to ratify the solicitation or award,
the aggrieved party who should have been awarded the contract under the
solicitation, but was not, shall be entitled to costs as set forth in section 24-109-505.

(2) If, upon judicial review under section 24-109-205, it is determined that a
solicitation or proposed award is in violation of this code, the court shall direct the
executive director to determine whether the best interests of the state require
ratification, termination, or cancellation of the solicitation, award, or contract. The
executive director or his or her designee shall issue a determination in writing,
within ten business days of the court's direction, and direct the purchasing agency
to comply with the determination. The determination of the executive director or his
or her designee under the direction of the district court shall not be subject to
further administrative or judicial appeal or review.

(3) If the executive director or his or her designee ratifies a solicitation or
award in violation of this code, the aggrieved party who should have been, but was
not, awarded the contract under the solicitation shall be entitled to costs as set
forth in section 24-109-505.

Legislative History

Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, � 51, effective August 9.