Ariz. Admin. Code § R2-7-A904 - Remedies by the Agency Chief Procurement Officer

A. If the agency chief procurement officer sustains a protest in whole or part and determines that a solicitation, a determination of not susceptible for award, or contract award does not comply with the procurement statutes and regulations, the agency chief procurement officer shall implement an appropriate remedy.

B. In determining an appropriate remedy, the agency chief procurement officer shall consider all the circumstances surrounding the procurement or proposed procurement including:

1. The seriousness of the procurement deficiency;

2. The degree of prejudice to other interested parties or to the integrity of the procurement system;

3. The good faith of the parties;

4. The extent of performance;

5. The costs to the state;

6. The urgency of the procurement;

7. The impact on the agency's mission; and

8. Other relevant issues.

C. An agency chief procurement officer may implement any of the following appropriate remedies:

1. Decline to exercise an option to renew under the contract;

2. Terminate the contract;

3. Amend the solicitation;

4. Issue a new solicitation;

5. Award a contract consistent with procurement statutes and regulations; or

6. Render such other relief as determined necessary to ensure compliance with procurement statutes and regulations.

Notes

Ariz. Admin. Code § R2-7-A904

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).