§103D-704 - Exclusivity of remedies.
§103D-704 Exclusivity of remedies. The
procedures and remedies provided for in this part, and the rules adopted by the
policy board, shall be the exclusive means available for persons aggrieved in
connection with the solicitation or award of a contract, a suspension or
debarment proceeding, or in connection with a contract controversy, to resolve
their claims or differences. The contested case proceedings set out in chapter
91 shall not apply to protested solicitations and awards, debarments or suspensions,
or the resolution of contract controversies. [L Sp 1993, c 8, pt of §2; am L
1997, c 352, §23]
Case Notes
Procurement code was not relevant to employer's claim for
breach of duty of loyalty. 338 F.3d 1082.
A protester is entitled to recover attorney's fees incurred
in prosecuting its protest if the protester has proven the solicitation was in
violation of this code, the contract was awarded in violation of §103D-701(f),
and award of contract was in bad faith. 85 H. 431, 946 P.2d 1.