63G-6a-1903. Effect of timely protest or appeal.
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Effective 5/12/2020
63G-6a-1903. Effect of timely protest or appeal.
A procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may not proceed further with a solicitation or with the award of a contract:
(1)during the pendency of a timely:
(a)protest under Section 63G-6a-1602 ;
(b)appeal of a protest under Section 63G-6a-1702 ; or
(c)appeal of a procurement appeals panel decision under Section 63G-6a-1802 ; and
(2)until:
(a)all administrative and judicial remedies are exhausted;
(b)for a protest under Section 63G-6a-1602 or an appeal under Section 63G-6a-1702 :
(i)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 procurement unit or the state;
(ii)the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(iii)for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(c)for an appeal under Section 63G-6a-1802 , or an appeal to a higher court than district court:
(i)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 procurement unit or the state;
(ii)the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(iii)for a procurement unit that is not represented by the attorney general's office, the procurement official, 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 or the state.
Amended by Chapter 257 , 2020 General Session