Remedies.

CFR · 2024-01-01 · US · Title 4

(a) If GAO determines that a solicitation, cancellation of a solicitation, termination of a contract, proposed award, or award does not comply with statute or regulation, it shall recommend that the agency implement any combination of the following remedies: (1) Refrain from exercising options under the contract; (2) Terminate the contract; (3) Recompete the contract; (4) Issue a new solicitation; (5) Award a contract consistent with statute and regulation; or (6) Such other recommendation(s) as GAO determines necessary to promote compliance. (b) In determining the appropriate recommendation(s), GAO shall, except as specified in paragraph (c) of this section, consider all circumstances surrounding the procurement or proposed procurement including the seriousness of the procurement deficiency, the degree of prejudice to other parties or to the integrity of the competitive procurement system, the good faith of the parties, the extent of performance, the cost to the government, the urgency of the procurement, and the impact of the recommendation(s) on the agency's mission. (c) If the head of the procuring activity determines that performance of the contract notwithstanding a pending protest is in the government's best interest, GAO shall make its recommendation(s) under paragraph (a) of this section without regard to any cost or disruption from terminating, recompeting, or reawarding the contract. (d) If GAO determines that a solicitation, proposed award, or award does not compl

official document · source cfr-2024 · id 4:§ 21.8