Effect of timely protest or appeal.

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  • (1) during the pendency of a timely:
    • (a) protest under Section 63G-6a-1602;
    • (b) appeal of a protest under Section 63G-6a-1702; or
    • (c) appeal of a procurement appeals panel decision under Section 63G-6a-1802; and
  • (2) until:
    • (a) all administrative and judicial remedies are exhausted;
    • (b) for a protest under Section 63G-6a-1602 or an appeal under Section 63G-6a-1702:
      • (i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;
      • (ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
      • (iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
    • (c) for an appeal under Section 63G-6a-1802, or an appeal to a higher court than district court:
      • (i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;
      • (ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
      • (iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is necessary to protect the best interest of the procurement unit or the state.




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