Definitions.

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As used in this article 109, unless the context otherwise requires:

  1. "Aggrieved party" means any actual or prospective bidder, offeror, or contractor whobelieves that he or she has suffered a denial of legal rights under this code in connection with the solicitation or award of a contract. For purposes of contract controversies, an aggrieved party may also be the contractor.

  2. "Material issue" means a nontrivial defect in the solicitation or award that wouldprejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.

Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 339, § 40, effective August 9.


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