Allowable Remedies to Resolve Protests
Prior to an award
If a solicitation or proposed contract is in violation of law, then the solicitation or proposed award shall be:
- Cancelled; or
- Revised to comply with the law.
If after award, a solicitation or award is found to be in violation of law, and
- Offeror awarded has acted in good faith:
- The contract may be ratified and affirmed, or modified; if it is determined that doing so is in the best interests of the State; or
- The contract may be terminated and the awardee compensated for the actual expenses and profit, reasonably incurred under the contract, calculated to the point of termination, exclusive or attorneys fees.
- Offeror awarded has acted fraudulently or not in good faith:
- “The contract may be declared null and void; or
- The contract may be ratified and affirmed, or modified, if the action is in the best interests of the State, without prejudice to the State’s rights to such damages as may be appropriate.”