63G-6a-606.  Evaluation of bids — Award — Cancellation.

(1)  A procurement unit that conducts a procurement using a bidding process shall evaluate bids:

Terms Used In Utah Code 63G-6a-606

  • Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
  • Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
  • 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
  • Responsible: means being capable, in all respects, of:
(a) meeting all the requirements of a solicitation; and
(b) fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103
  • Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  using the objective criteria described in the invitation for bids; and

    (b)  to achieve the greatest long-term value to the state and the procurement unit.

    (2)  Criteria not described in the invitation for bids may not be used to evaluate a bid.

    (3)  After evaluating bids, the procurement unit shall:

    (a) 

    (i)  award a contract as soon as practicable to the responsible bidder who submits the lowest responsive bid; and

    (ii)  publish the name and bid amount of the bidder to whom the contract is awarded; or

    (b) 

    (i)  cancel the invitation for bids without awarding a contract; and

    (ii)  publish a notice of the cancellation that includes an explanation of the reasons for cancelling the invitation for bids.

    Amended by Chapter 406, 2021 General Session