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19-11-247. Remedies for unlawful solicitation or award.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-247. Remedies for unlawful solicitation or award.
(a) The provisions of this section apply where it is determined upon any review provided by law that a solicitation or award of a contract is in violation of law.
(b) If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:
(1) Cancelled; or
(2) Revised to comply with the law.
(c) If after an award it is determined that a solicitation or award of a contract is in violation of law, then in addition to or in lieu of other remedies provided by law:
(1) If the person awarded the contract has not acted fraudulently or in bad faith:
(A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or
(B) The contract may be terminated;
(2) If the person awarded the contract has acted fraudulently or in bad faith:
(A) The contract may be declared null and void; or
(B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state.
(d) Before a contract is ratified and affirmed under subdivision (c)(1)(A) of this section, a contract shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, for review if the contract is required to be submitted for review under § 19-11-1006 [repealed].
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-247
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:19-11-247
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 02c9f998af569d4d274a16f4ba3dc66c654030a75354c9babaf7438b101b1fab
Source location: content.xml paragraph 16175
Stored source content
19-11-247. Remedies for unlawful solicitation or award.
(a) The provisions of this section apply where it is determined upon any review provided by law that a solicitation or award of a contract is in violation of law.
(b) If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:
(1) Cancelled; or
(2) Revised to comply with the law.
(c) If after an award it is determined that a solicitation or award of a contract is in violation of law, then in addition to or in lieu of other remedies provided by law:
(1) If the person awarded the contract has not acted fraudulently or in bad faith:
(A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or
(B) The contract may be terminated;
(2) If the person awarded the contract has acted fraudulently or in bad faith:
(A) The contract may be declared null and void; or
(B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state.
(d) Before a contract is ratified and affirmed under subdivision (c)(1)(A) of this section, a contract shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, for review if the contract is required to be submitted for review under § 19-11-1006 [repealed].
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-1006. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1006
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 19-11-1006. This identifies an authority to review, not proof of applicability.