63G-6a-1601.5.  Definitions.
     As used in this part:

(1)  “Constructive knowledge”:

Terms Used In Utah Code 63G-6a-1601.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bidder: means a person who submits a bid or price quote in response to an invitation for bids. 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
  • Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hearing: means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both. See Utah Code 63G-6a-1601.5
  • Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Protest officer: means :
(a) for the division or an independent procurement unit:
(i) the procurement official;
(ii) the procurement official's designee who is an employee of the procurement unit; or
(iii) a person designated by rule made by the rulemaking authority; or
(b) for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103
  • Protestor: means a person who files a protest under this part. See Utah Code 63G-6a-1601.5
  • Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. 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
  • Standing: means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:Utah Code 63G-6a-1601.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • (a)  means knowledge or information that a protestor would have if the protestor had exercised reasonable care or diligence, regardless of whether the protestor actually has the knowledge or information; and

    (b)  includes knowledge of:

    (i)  applicable provisions of this chapter and other law and administrative rule;

    (ii)  instructions, criteria, deadlines, and requirements contained in the solicitation or in other documents made available to persons interested in the solicitation or provided in a mandatory pre-solicitation meeting;

    (iii)  relevant facts and evidence supporting the protest or leading the protestor to contend that the protestor has been aggrieved in connection with a procurement;

    (iv)  communications or actions, pertaining to the procurement, of all persons within the protestor’s organization or under the supervision of the protestor; and

    (v)  any other applicable information discoverable by the exercise of reasonable care or diligence.

    (2)  “Hearing” means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer’s determination of an issue of fact or law or both.

    (3)  “Protest appeal record” means:

    (a)  a copy of the protest officer’s written decision;

    (b)  all documentation and other evidence the protest officer relied upon in reaching the protest officer’s decision;

    (c)  the recording of the hearing, if the protest officer held a hearing;

    (d)  a copy of the protestor’s written protest; and

    (e)  all documentation and other evidence submitted by the protestor supporting the protest or the protestor’s claim of standing.

    (4)  “Protestor” means a person who files a protest under this part.

    (5)  “Standing” means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:

    (a)  the cause of the injury or harm is:

    (i)  an infringement of the protestor’s own right and not the right of another person who is not a party to the procurement;

    (ii)  reasonably connected to the procurement unit’s conduct; and

    (iii)  the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;

    (b)  a decision on the protest in favor of the protestor:

    (i)  is likely to redress the injury or harm; and

    (ii)  would give the protestor a reasonable likelihood of being awarded a contract; and

    (c)  the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest.

    Amended by Chapter 348, 2017 General Session