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A. If the purchasing director sustains a protest in whole or part and determines that a solicitation, a determination of not susceptible for award, or contract award does not comply with state statutes, this code, or purchasing policies and procedures, the purchasing director shall implement an appropriate remedy.

B. In determining an appropriate remedy, the purchasing director shall consider all the circumstances surrounding the procurement or proposed procurement including:

1. The seriousness of the procurement deficiency;

2. The degree of prejudice to other interested parties or to the integrity of the purchasing system;

3. The good faith of the parties;

4. The extent of performance;

5. The costs to the city;

6. The urgency of the purchase;

7. The impact on the city’s mission; and

8. Other relevant issues.

C. The purchasing director may implement any of the following appropriate remedies:

1. Decline to exercise an option to request a renewal of the contract;

2. Recommend that the city council terminate the contract;

3. Amend the solicitation;

4. Issue a new solicitation;

5. Recommend the award of a contract consistent with this code; or

6. Render such other relief as determined necessary to ensure compliance with this code. [Ord. 18-09 § 1; Res. 18-24; Code 2004 § 3-244.]