Utah Admin. Code R354-12-106 - 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 CRAU; 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
(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 CRAU, without
prejudice to the CRAU's rights to any appropriate damages.
(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.
Notes
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