Section 1903 – Effect of timely protest or appeal.

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