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2022 Utah Code
Title 63G - General Government
Chapter 6a - Utah Procurement Code
Part 19 - General Provisions Related to Protest or Appeal
Section 1907 - Effect of violation found after award of contract.
Universal Citation: UT Code § 63G-6a-1907 (2022)
Effective 3/29/2014
63G-6a-1907. Effect of violation found after award of contract.
Amended by Chapter 196, 2014 General Session
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:
- (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
- (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
- (i) if the person awarded the contract did not act fraudulently or in bad faith:
- (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.
- (a)
- (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
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