In the event of a timely protest under Subsection 63G-6a-1602(1), or a timely appeal of the protest under Section 63G-6a-1702 or 63G-6a-1802, a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a local government procurement unit, or a public transit district, may not proceed further with the solicitation or with the award of the contract until:

1. (1) all administrative and judicial remedies are exhausted;

2. (2) for a protest under Section 63G-6a-1602 or an appeal under Section 63G-6a-1702:

   1. (a) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is necessary to protect substantial interests of the state;
   2. (b) the head of the purchasing agency, after consultation with the attorney general's office, makes a written determination that award of the contract without delay is necessary to protect substantial interests of the state; or
   3. (c) for a procurement unit that is not represented by the attorney general's office, the procurement unit, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is necessary to protect substantial interests of the procurement unit; or

3. (3) for an appeal under Section 63G-6a-1802, or an appeal to a higher court than district court:

   1. (a) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the state;
   2. (b) the head of the purchasing agency, after consultation with the attorney general's office, makes a written determination that award of the contract without delay is in the best interest of the state; or
   3. (c) for a procurement unit that is not represented by the attorney general's office, the procurement unit, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is necessary to protect the best interest of the procurement unit.