§ 31-232. Remedies for solicitations or awards in violation of law.

(a)

Prior to bid opening or closing date for receipt of proposals. If, prior to the bid opening or the closing date for receipt of proposals, the purchasing agent, after consultation with the county attorney, determines that a solicitation is in violation of applicable law or regulation then the solicitation shall be canceled by the purchasing agent or revised to comply with applicable law.

(b)

Prior to award. If, after bid opening or the closing date for receipt of proposals, the purchasing agent, after consultation with the county attorney, determines that a solicitation or a proposed award of a contract is in violation of applicable law then the solicitation or proposed award shall be canceled by the purchasing agent.

(c)

After award. If, after an award, the purchasing agent, after consultation with the county attorney, determines that a solicitation or award of a contract was in violation of applicable law, then:

(1)

If neither the purchaser nor the person awarded the contract has acted fraudulently or in bad faith:

a.

The contract or invoice may be ratified and affirmed or approved for payment by council for any amount or the county manager or utilities manager, as applicable, for amounts under $200,000.00, provided that it is determined that doing so is in the best interests of the county; or

b.

The contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred under the contract, plus a reasonable profit, prior to the termination; or

(2)

If either the purchaser or the person awarded the contract has acted fraudulently or in bad faith, the contract may be declared null and void by the purchasing agent, if such action is in the best interests of the county.

(Ord. No. 02-098, § 2, 12-2-2008; Ord. No. 02-256, § 56, 7-7-2015; Ord. No. 02-272, § 1, 6-6-2017)

Editor's note

Ord. No. 02-272, § 1, adopted June 6, 2017, repealed the former § 31-232. The former § 31-232 pertained to contract claims and derived from Ord. No. 02-098, § 2, 12-2-2008; Ord. No. 02-256, § 56, 7-7-2015. The former § 31-233, as set out herein, has been renumbered to § 31-232.