63G-6a-1907. Effect of violation found after award of contract.
| (1) |
If after award of a contract it is determined administratively or upon administrative or judicial review that a procurement or award of a contract is in violation of law:
Terms Used In Utah Code 63G-6a-1907- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means :Utah Code 68-3-12.5
- Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
- Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
| (a) |
| (i) |
if the person awarded the contract did not act fraudulently or in bad faith:
| (A) |
the contract may be ratified and affirmed if it is in the best interests of the procurement unit; or |
| (B) |
the contract may be terminated; and |
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| (ii) |
the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract before the termination, plus a reasonable profit; or |
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| (b) |
if the person awarded the contract acted fraudulently or in bad faith:
| (i) |
the contract may be declared null and void; or |
| (ii) |
the contract may be ratified and affirmed if it is in the best interests of the procurement unit, without prejudice to the procurement unit’s rights to any appropriate damages. |
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| (2) |
Under no circumstances is a person entitled to consequential damages in relation to a solicitation or award of a contract under this chapter, including consequential damages for lost profits, loss of business opportunities, or damage to reputation. |
Amended by Chapter 196, 2014 General Session
