Remedies After an Award

(a)If after an award it is determined that a solicitation or award of a contract is in violation of law, then:

(1)if the person awarded the contract has not acted fraudulently or in bad faith:

(A)the contract may be ratified and affirmed, provided it is determined that doing so is in the best interests of Guam; or

(B)the contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, prior to the termination. CH. 5 GUAM PROCUREMENT LAW

(2)if the person awarded the contract has acted fraudulently or in bad faith:

(A)the contract may be declared null and void; or

(B)the contract may be ratified and affirmed if such action is in the best interests of Guam, without prejudice to Guam’s rights to such damages as may be appropriate.

(b)This Section shall be read as being in addition to and not in conflict with, or repealing 4 GCA § 4137 (Prohibitions on the Activities of Government Employees).