If, before award of a contract, it is determined at any level of review that a procurement or proposed award of a contract is in violation of law, the procurement or proposed award shall be cancelled or revised to comply with the law. Utah Code § 63G-6a-1909 (2012) Finding of a violation after the contract is awarded If after award of a contract it is determined at any level of review that a procurement or award of a contract is in violation of law, the following actions shall be taken: 1. if the person awarded the contract did not act fraudulently or in bad faith, then a. the contract either may be ratified and affirmed, if it is in the best interests of the District, or may be terminated, and b. the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract before the termination, plus a reasonable profit. 2. if the person awarded the contract acted fraudulently or in bad faith, then the contract either may be declared null and void or may be ratified and affirmed if it is in the best interests of the District, without prejudice to the District’s rights to any appropriate damages. Under no circumstances is a person entitled to consequential damages in relation to a solicitation or award of a contract under the procurement process, including consequential damages for lost profits, loss of business opportunities, or damage to reputation. Utah Code § 63G-6a-1907 (2014) Costs to or against protestor If a protest is sustained at any level of review and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, the protestor is entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation and appeal costs and any equitable relief determined to be appropriate by the Procurement Policy Board appeals panel or court. If the final determination of a procurement appeals panel or other appellate body does not sustain the protest, the protestor shall reimburse the District for all expenses incurred in defending the appeal, including personnel costs, attorney fees, other legal costs, the per diem and expenses paid by the District to witnesses or appeals panel members, and any additional expenses incurred by the staff of the District who have provided materials and administrative services to the appeals panel for that case. The notice of claims provisions of the Utah Governmental Immunity Act (Title 63G, Chapter 7, Part 4, Utah Code) and the undertaking provision of Utah Code § 63G-7-601 do not apply to actions brought under this chapter by an aggrieved party for equitable relief or reasonable costs incurred in preparing or appealing an unsuccessful bid or offer Utah Code § 63G-6a-1904 (2015) Debarment or Suspension Proceedings A person may be debarred or suspended for the causes set forth in Policy CBA. Before a person may be debarred or suspended, the Board of Education or its designee must consult with the procurement unit involved in the matter for which debarment or suspension is sought (if that unit
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