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: protest under Section; 63G-6a-1602 appeal of a protest under Section; or 63G-6a-1702 appeal of a procurement appeals panel decision under Section; and 63G-6a-1802
(2) until: all administrative and judicial remedies are exhausted; for a protest under Sectionor an appeal under Section: 63G-6a-1602 63G-6a-1702 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; 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 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 for an appeal under Section, or an appeal to a higher court than district court: 63G-6a-1802 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; 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 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.