Utah Code 63G-6a-119. Cancelling a solicitation

63G-6a-119. Cancelling a solicitation.

(1)	A procurement unit may cancel a solicitation if the procurement official determines that cancellation is in the best interests of the procurement unit.

Terms Used In Utah Code 63G-6a-119

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
Procurement official: means :

(a)	for a procurement unit other than an independent procurement unit, the chief procurement officer;

(b)	for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;

(c)	for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule;

(d)

for a local government procurement unit:

(i)	the legislative body of the local government procurement unit; or

(ii)	an individual or body designated by the local government procurement unit;

(e)	for a special district, the board of trustees of the special district or the board of trustees' designee;

(f)	for a special service district, the governing body of the special service district or the governing body's designee;

(g)	for a local building authority, the board of directors of the local building authority or the board of directors' designee;

(h)	for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee;

(i)	for a public corporation, the board of directors of the public corporation or the board of directors' designee;

(j)	for a school district or any school or entity within a school district, the board of the school district or the board's designee;

(k)	for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body;

(l)	for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee;

(m)	for the State Board of Education, the State Board of Education or the State Board of Education's designee;

(n)	for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education;

(o)	for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or

(p)

(i)

for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee;

(ii)	for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee;

(iii)

for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee; or

(iv)

for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. 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

Writing: includes :Utah Code 68-3-12.5

(2)

If a procurement unit cancels a solicitation:

(a)	the procurement official shall explain in writing the reasons for the cancellation; and

(b)	the procurement unit shall make the written explanation described in Subsection (2)(a) available to the public for a period of one year after the cancellation.

Enacted by Chapter 257, 2020 General Session

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