R916-5-5. Not Basis for Protest, Suspension, Disruption, or Termination

(1) As described in Section 72-6-107.5, the failure of a contractor or subcontractor to comply with Section 72-6-107.5 may not be the basis for a bid protest or any action or suit that would suspend, disrupt, or terminate the design or construction of a project. (2) A contractor who cannot demonstrate compliance with Section 72-6-107.5 when submitting the executed contract, signed by the successful bidder, may be declared non-responsive and the department may award the contract to the next lowest responsive and responsible bidder. (3) A consultant to which the department awards a contract pursuant to Section 63G-6a-507 that is unable to demonstrate compliance with Section 72-6-107.5 within 14 calendar days after being ranked first during a consultant selection process may be declared non-responsive. The department may then enter negotiations with the new first-ranked responsive consultant.