§ 50-214. Solicitations or awards in violation of law.

(a)

Generally. The provisions of subsections (b) and (c) of this section apply where it is determined administratively, or upon administrative review, that a solicitation or award of a contract is in violation of law.

(b)

Remedies prior to award. Prior to award, if it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:

(1)

Canceled; or

(2)

Revised to comply with the law.

(c)

Remedies after award. After an award, if it is determined that a solicitation or award of a contract is in violation of law, then:

(1)

If the person awarded the contract has not acted fraudulently or in bad faith:

a.

The contract may be rectified and affirmed, provided it is determined that doing so is in the best interest of the county; or

b.

The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, prior to the termination.

(2)

If the person awarded the contract has acted fraudulently or in bad faith:

a.

The contract may be declared null and void; or

b.

The contract may be ratified and affirmed if such action is in the best interests of the county, without prejudice to the county's right to such damages as may be appropriate.

(Ord. No. 97-4-18, § XII(D)—(F), 4-28-1997)