Utah Code 63G-6a-120. Rejecting a solicitation response

63G-6a-120. Rejecting a solicitation response.

(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:

(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

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)

the solicitation response:

(i)	is not responsive;

(ii)	violates a requirement of the solicitation; or

(iii)

is not submitted before the deadline specified in the solicitation;

(b)

the vendor who submitted the solicitation response:

(i)	is not responsible;

(ii)	is in violation of a provision of this chapter;

(iii)

has had a previous contract with the procurement unit canceled;

(iv)	has engaged in unethical conduct;

(v)	is subject to an outstanding tax lien; or

(vi)

fails to sign a contract awarded as a result of the solicitation response within:

(A)	90 days after the contract award, if the solicitation does not specify a deadline for the signing of the contract; or

(B)	the time specified in the solicitation, if the solicitation specifies a deadline for the signing of the contract; or

(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.

Enacted by Chapter 257, 2020 General Session

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