(1) If the executive director or his or her designee determines that the solicitation or award is in violation of this code in any material respect, the executive director or his or her designee may cancel or terminate such solicitation or award, direct the purchasing agency to modify such solicitation or award to eliminate any violations, or if the procurement official determines that the solicitation or award is in the best interests of the state, the procurement official may submit the recommendation to ratify the solicitation or award to the executive director or his or her designee. If the executive director or his or her designee elects to ratify the solicitation or award, the aggrieved party who should have been awarded the contract under the solicitation, but was not, shall be entitled to costs as set forth in section 24-109-505.
(2) If, upon judicial review under section 24-109-205, it is determined that a solicitation or proposed award is in violation of this code, the court shall direct the executive director to determine whether the best interests of the state require ratification, termination, or cancellation of the solicitation, award, or contract. The executive director or his or her designee shall issue a determination in writing, within ten business days of the court's direction, and direct the purchasing agency to comply with the determination. The determination of the executive director or his or her designee under the direction of the district court shall not be subject to further administrative or judicial appeal or review.
(3) If the executive director or his or her designee ratifies a solicitation or award in violation of this code, the aggrieved party who should have been, but was not, awarded the contract under the solicitation shall be entitled to costs as set forth in section 24-109-505.
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