Section R7-2-1146. Remedies

A.      If the district representative sustains the protest in whole or part and determines that a solicitation, a determination that a proposal is unacceptable, proposed contract award, or contract award does not comply with Articles 10 and 11, the school dis- trict shall implement an appropriate remedy.

B.       In determining an appropriate remedy, the district representa- tive shall consider all the circumstances surrounding the pro- curement or proposed procurement including, but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent of performance, costs to the school district, the urgency of the procurement, the impact of the relief on the mission of the school district, and other relevant issues.

C.      An appropriate remedy may include one or more of the follow- ing:

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.        Such other relief as is determined necessary to ensure compliance with Articles 10 and 11.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Sec- tion amended by final exempt rulemaking at 21 A.A.R.

1525, effective July 1, 2015 (Supp. 15-3).