1. (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:

   1. (a)(i) if the person awarded the Contract did not act fraudulently or in bad faith:

      1. (A) the Contract may be ratified and affirmed if it is in the best interests of the CRAU; or
      2. (B) the Contract may be terminated; and
      3. (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

   2. (b) if the person awarded the Contract acted fraudulently or in bad faith:

      1. (i) the Contract may be declared null and void; or
      2. (ii) the Contract may be ratified and affirmed if it is in the best interests of the CRAU, without prejudice to the CRAU's rights to any appropriate damages.
2. (2) Under no circumstances is a person entitled to consequential damages in relation to a Solicitation or award of a Contract under this Procurement Procedure, including consequential damages for lost profits, loss of business opportunities, or damage to reputation.

KEY: protests, appeals

Date of Last Change: December 28, 2021

Authorizing, and Implemented or Interpreted Law: 63M-14-206