When a protest is sustained by the procurement official or upon administrative or judicial review and the aggrieved party should have been, but was not, awarded the contract under the solicitation, the aggrieved party shall be entitled to only the reasonable costs incurred in connection with the solicitation, including bid preparation costs. Reasonable costs shall not include attorney fees. No other costs shall be permitted. These costs shall be paid from funds appropriated or otherwise made available to the using agency that is determined to be responsible for the violation of the code. Such determination shall be made by the procurement official in connection with a protest and by the executive director in connection with an appeal.
Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 346, § 51, effective August 9.