Utah Admin. Code R354-12-104 - Costs to or Against Protestor

(1) If a protest is sustained administratively or upon administrative or judicial review and the protesting Bidder or Offeror should have been awarded the Contract under the Solicitation but is not, the Protestor is entitled to the following relief as a claim against the CRAU:

(a) the reasonable costs incurred in connection with the Solicitation, including bid preparation and appeal costs; and

(b) any equitable relief determined to be appropriate by the reviewing administrative or judicial body.

(2) If the final determination of a Procurement Appeals Panel or other appellate body does not sustain the protest, the Protestor shall reimburse the CRAU for each expenses that the CRAU incurred in defending the appeal, including personnel costs, attorney fees, other legal costs, the per diem and expenses paid by the CRAU to witnesses or appeals panel members, and any additional expenses incurred by the staff of the CRAU who have provided materials and administrative services to the Procurement Appeals Panel for that case.

(3) Notice of Claim Against a Governmental Entity or a Government Employee, do not apply to actions brought under this Procurement Procedure by an aggrieved party for equitable relief or reasonable costs incurred in preparing or appealing an unsuccessful bid or offer.

Notes

Utah Admin. Code R354-12-104

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021