(a) If the procurement officer sustains a protest in whole or in part, the procurement officer shall implement an appropriate remedy.
(b) In determining an appropriate remedy, the procurement officer shall consider the circumstances surrounding the solicitation or procurement including the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent the procurement has been accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the urgency of the procurement to the welfare of the state.
(c) Notwithstanding (a) and (b) of this section, if a protest is sustained in whole or part, the protester's damages are limited to reasonable bid or proposal preparation costs.
Structure Alaska Statutes
Chapter 30. State Procurement Code
Article 8. Legal and Contractual Remedies.
Sec. 36.30.550. Applicability of protest and appeal procedures.
Sec. 36.30.560. Filing of a protest.
Sec. 36.30.565. Time for filing a protest.
Sec. 36.30.570. Notice of a protest.
Sec. 36.30.575. Stay of award.
Sec. 36.30.580. Decision by the procurement officer.
Sec. 36.30.585. Protest remedies.
Sec. 36.30.590. Appeal on a protest.
Sec. 36.30.595. Notice and copy of a protest appeal.
Sec. 36.30.600. Stay of award during protest appeal.
Sec. 36.30.605. Protest report and comments.
Sec. 36.30.610. Decision without hearing.
Sec. 36.30.615. Hearing on protest appeal.
Sec. 36.30.620. Contract claims.
Sec. 36.30.623. Interest on certain claims.
Sec. 36.30.625. Appeal on a contract claim.
Sec. 36.30.627. Construction contract claim appeals.
Sec. 36.30.629. Subpoenas and discovery.
Sec. 36.30.630. Hearing on a contract claim; decision without hearing.
Sec. 36.30.631. Attorney fees, costs, and offers of judgment.
Sec. 36.30.635. Authority to debar or suspend.
Sec. 36.30.640. Causes for debarment or suspension.
Sec. 36.30.645. Written determinations.
Sec. 36.30.650. Hearing on a suspension.
Sec. 36.30.655. List of persons debarred or suspended.
Sec. 36.30.660. Reinstatement.
Sec. 36.30.665. Limited participation by debarred person.
Sec. 36.30.670. Hearing procedures.
Sec. 36.30.675. Recommended decision and commissioner action.
Sec. 36.30.680. Final decision by the commissioner.
Sec. 36.30.685. Judicial appeal.
Sec. 36.30.687. Misrepresentations, fraud, and attempted fraud.
Sec. 36.30.690. Exclusive remedy.