§ 102-451. Solicitations or awards in violation of law.

(a)

Applicability. This section applies where it is determined by the purchasing agent, that a solicitation or award of a contract is in violation of law.

(b)

Remedies prior to award. If the protest is timely and properly filed prior to an award, and the purchasing agent, after consultation with the county attorney determines that a solicitation or proposed award of a contract is in violation of law, then the solicitation of proposed award shall be canceled or revised to comply with the law.

(c)

Remedies after award. If the protest is timely and properly filed after an award, and the purchasing agent, after consultation with the county attorney, determines that the solicitation or award of a contract is in violation of applicable law, then:

(1)

If the entity awarded the contract has not acted fraudulently or in bad faith:

a.

The contract may be ratified and affirmed, provided it is determined that so doing is in the best interest of the county; or

b.

The contract may be terminated and the entity awarded the contract shall be compensated for the actual expenses of the contract, prior to the termination.

(2)

If the entity awarded the contract has acted fraudulently or in bad faith:

a.

The contract may be declared null and void or voidable; or

b.

The contract may be ratified and affirmed if such action is in the best interest of the county, without prejudice to the county's right to such damages as may be appropriate.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. I, § 2-323.