63G-6a-1602. Protest — Time for filing — Basis of protest — Authority to resolve protest.
(1)
A protest may be filed with the protest officer by a person who:
Terms Used In Utah Code 63G-6a-1602
Allegation: something that someone says happened.
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.
Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103
Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement:
(a)
except:
(i)
reviewing a solicitation to verify that it is in proper form; and
(ii)
causing the publication of a notice of a solicitation; and
(b)
including:
(i)
preparing any solicitation document;
(ii)
appointing an evaluation committee;
(iii)
conducting the evaluation process, except the process relating to scores calculated for costs of proposals;
(iv)
selecting and recommending the person to be awarded a contract;
(v)
negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and
Days: means calendar days, unless expressly provided otherwise. 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.
Process: means a writ or summons issued in the course of a judicial proceeding. See 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
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
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
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
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
(a)
has standing; and
(b)
is aggrieved in connection with a procurement or an award of a contract.
(2)
A protest may not be filed after:
(a)
(i)
(A)
the opening of bids, for a protest relating to a procurement under a bidding process; or
(B)
the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or
(ii)
the closing of the procurement stage that is the subject of the protest:
(A)
if the protest relates to a multiple-stage procurement; and
(B)
notwithstanding Subsections (2)(a)(i)(A) and (B); or
(b)
the day that is seven days after the day on which the person knows or first has constructive knowledge of the facts giving rise to the protest, if:
(i)
the protestor did not know and did not have constructive knowledge of the facts giving rise to the protest before:
(A)
the opening of bids, for a protest relating to a procurement under a bidding process;
(B)
the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or
(C)
the closing of the procurement stage that is the subject of the protest, if the protest relates to a multiple-stage procurement; or
(ii)
the protest relates to a procurement process not described in Subsection (2)(a).
(3)
A deadline under Subsection (2) for filing a protest may not be modified.
(4)
(a)
A protestor shall include in a protest:
(i)
the protestor’s mailing address and email address; and
(ii)
a concise statement of the facts and evidence:
(A)
leading the protestor to claim that the protestor has been aggrieved in connection with a procurement and providing the grounds for the protestor’s protest; and
(B)
supporting the protestor’s claim of standing.
(b)
A protest may not be considered unless it contains facts and evidence that, if true, would establish:
(i)
a violation of this chapter or other applicable law or rule;
(ii)
the procurement unit’s failure to follow a provision of a solicitation;
(iii)
an error made by an evaluation committee or conducting procurement unit;
(iv)
a bias exercised by an evaluation committee or an individual committee member, excluding a bias that is a preference arising during the evaluation process because of how well a solicitation response meets criteria in the solicitation;
(v)
a failure to correctly apply or calculate a scoring criterion; or
(vi)
that specifications in a solicitation are unduly restrictive or unduly anticompetitive.
(5)
A protest may not be based on:
(a)
the rejection of a solicitation response due to a protestor’s failure to attend or participate in a mandatory conference, meeting, or site visit held before the deadline for submitting a solicitation response;
(b)
a vague or unsubstantiated allegation; or
(c)
a person’s claim that:
(i)
a procurement unit that complied with Section 63G-6a-112 did not provide individual notice of a solicitation to the person; or
(ii)
the person received late notice of a solicitation for which notice was provided in accordance with Section 63G-6a-112.
(6)
A protest may not include a request for:
(a)
an explanation of the rationale or scoring of evaluation committee members;
(b)
the disclosure of a protected record or protected information in addition to the information provided under the disclosure provisions of this chapter; or
(c)
other information, documents, or explanations not explicitly provided for in this chapter.
(7)
A person who fails to file a protest within the time prescribed in Subsection (2) may not:
(a)
protest to the protest officer a solicitation or award of a contract; or
(b)
file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum.
(8)
Subject to the applicable requirements of Section 63G-10-403, a protest officer or the head of a procurement unit may enter into a settlement agreement to resolve a protest.
