Utah Code 63G-6a-120. Rejecting a solicitation response
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(1) A procurement unit may reject a solicitation response if:
Terms Used In Utah Code 63G-6a-120
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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:(75)(a) meeting all the requirements of a solicitation; and(75)(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
- Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
- Solicitation response: means :
(84)(a) a bid submitted in response to an invitation for bids;(84)(b) a proposal submitted in response to a request for proposals; or(84)(c) a statement of qualifications submitted in response to a request for statement of qualifications. See Utah Code 63G-6a-103(1)(a) the solicitation response:(1)(a)(i) is not responsive;(1)(a)(ii) violates a requirement of the solicitation; or(1)(a)(iii) is not submitted before the deadline specified in the solicitation;(1)(b) the vendor who submitted the solicitation response:(1)(b)(i) is not responsible;(1)(b)(ii) is in violation of a provision of this chapter;(1)(b)(iii) has had a previous contract with the procurement unit canceled;(1)(b)(iv) has engaged in unethical conduct;(1)(b)(v) is subject to an outstanding tax lien; or(1)(b)(vi) fails to sign a contract awarded as a result of the solicitation response within:(1)(b)(vi)(A) 90 days after the contract award, if the solicitation does not specify a deadline for the signing of the contract; or(1)(b)(vi)(B) the time specified in the solicitation, if the solicitation specifies a deadline for the signing of the contract; or(1)(c) after the vendor submits a solicitation response there is a change in the vendor’s circumstances that, if known at the time the solicitation response was submitted, would have caused the procurement unit to reject the solicitation response.(2) A procurement unit that rejects a solicitation response under Subsection (1) shall provide the vendor who submitted the rejected solicitation response a written statement of the reasons for the rejection.