(a) This section applies when it is determined upon any review provided by law that the creation, solicitation, award, management, or modification of a contract is in violation of law.
(b) If it is determined that a solicitation, proposed award, or modification of a contract is in violation of law, then the solicitation, proposed award, or modification shall be:(1) Cancelled; or(2) Revised to comply with the law.
(1) Cancelled; or
(2) Revised to comply with the law.
(c) If it is determined that the creation, solicitation, award, management, or modification of a contract is in violation of law, then in addition to or in lieu of other remedies provided by law:(1) If the vendor has not acted fraudulently or in bad faith:(A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or(B) The contract may be terminated; and(2) If the vendor has acted fraudulently or in bad faith:(A) The contract may be declared null and void; or(B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state.
(1) If the vendor has not acted fraudulently or in bad faith:(A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or(B) The contract may be terminated; and
(A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or
(B) The contract may be terminated; and
(2) If the vendor has acted fraudulently or in bad faith:(A) The contract may be declared null and void; or(B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state.
(A) The contract may be declared null and void; or
(B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state.
(d) Before a contract is ratified and affirmed under subdivision (c)(1)(A) of this section, a contract shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, for review if the contract is required to be submitted for review under § 19-61-116.