South Carolina Code 11-35-4310. Solicitations or awards in violation of the law
(2) Remedies Prior to Award. If, prior to award of a contract, it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award may be:
Terms Used In South Carolina Code 11-35-4310
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
(a) canceled;
(b) revised to comply with the law and rebid; or
(c) awarded in a manner that complies with the provisions of this code.
(3) Remedies After Award. If, after an award of a contract, it is determined that the solicitation or award is in violation of law:
(a) the contract may be ratified and affirmed, provided it is in the interest of the State; or
(b) the contract may be terminated and the payment of such damages, if any, as may be provided in the contract, may be awarded.
(4) Entitlement to Costs. In addition to or in lieu of any other relief, when a protest submitted under § 11-35-4210 is sustained, and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror may request and be awarded a reasonable reimbursement amount, including reimbursement of its reasonable bid preparation costs.