63G-6-803 - Costs to or against protestor.
63G-6-803. Costs to or against protestor.
(1) When a protest is sustained administratively or upon administrative or judicial reviewand the protesting bidder or offeror should have been awarded the contract under the solicitationbut is not, the protestor shall be entitled to the following relief as a claim against the state:
(a) the reasonable costs incurred in connection with the solicitation, including bidpreparation and appeal costs; and
(b) any equitable relief determined to be appropriate by the reviewing administrative orjudicial body.
(2) When a protest is not sustained by the Procurement Appeals Board, the protestorshall reimburse the Division of Purchasing and General Services for the per diem and expensespaid by the division to witnesses or appeals board members and any additional expenses incurredby the state agency staff who have provided materials and administrative services to the board forthat case.
Renumbered and Amended by Chapter 382, 2008 General Session