Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
Solicitation response: means :
(a)
a bid submitted in response to an invitation for bids;
(b)
a proposal submitted in response to a request for proposals; or
(c)
a statement of qualifications submitted in response to a request for statement of qualifications. See Utah Code 63G-6a-103
(a)
means the price under an existing contract between a procurement unit and a contractor; and
(b)
does not include a proposed price or cost contained in a solicitation response or any other bid, proposal, or offer submitted by a person other than the contractor under the existing contract.
(2)
A contractor may:
(a)
increase the contract price only in accordance with the terms of the contract; and
(b)
subject to Subsection (3), lower the contract price at any time during the time a contract is in effect.
(3)
A contractor under a multiple award contract resulting from a bidding process may not lower the contract price unless the contractor’s solicitation response that led to the contract award was the lowest price solicitation response.
