63G-6-819 - Effect of violation after award of contract. - Utah Statutes

63G-6-819. Effect of violation after award of contract.
If after an award it is determined administratively or upon administrative or judicialreview that a solicitation or award of a contract is in violation of law:
(1) If the person awarded the contract has not acted fraudulently or in bad faith:
(a) The contract may be ratified and affirmed if it is determined that doing so is in thebest interests of the state; or
(b) The contract may be terminated and the person awarded the contract shall becompensated for the actual expenses reasonably incurred under the contract prior to termination,plus a reasonable profit;
(2) If the person awarded the contract has acted fraudulently or in bad faith:
(a) The contract may be declared null and void; or
(b) The contract may be ratified and affirmed if such action is in the best interests of thestate, without prejudice to the state's rights to any appropriate damages.

Renumbered and Amended by Chapter 382, 2008 General Session