§ 63G-6a-1903 — Effect of timely protest or appeal.

A procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may not proceed further with a solicitation or with the award of a contract:
(1) during the pendency of a timely:

(1)(a) protest under Section 63G-6a-1602;
(1)(b) appeal of a protest under Section 63G-6a-1702; or
(1)(c) appeal of a procurement appeals panel decision under Section 63G-6a-1802; and
(2) until:

(2)(a) all administrative and judicial remedies are exhausted;
(2)(b) for a protest under Section 63G-6a-1602 or an appeal under Section 63G-6a-1702:
(2)(b)(i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;
(2)(b)(ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(2)(b)(iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(2)(c) for an appeal under Section 63G-6a-1802, or an appeal to a higher court than district court:
(2)(c)(i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;
(2)(c)(ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(2)(c)(iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is necessary to protect the best interest of the procurement unit or the state.

Legislative History

Amended by Chapter 257, 2020 General Session