Utah Code 63G-6a-712. Unsolicited proposals

63G-6a-712. Unsolicited proposals.

(1)

As used in this section, “unsolicited proposal” means a written proposal:

Terms Used In Utah Code 63G-6a-712

Contract: A legal written agreement that becomes binding when signed.
Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means :Utah Code 68-3-12.5
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
Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103
Public-private partnership: means an arrangement or agreement, occurring on or after January 1, 2017, between a procurement unit and one or more contractors to provide for a public need through the development or operation of a project in which the contractor or contractors share with the procurement unit the responsibility or risk of developing, owning, maintaining, financing, or operating the project. See Utah Code 63G-6a-103
Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103
Rulemaking authority: means :

(a)	for a legislative procurement unit, the Legislative Management Committee;

(b)	for a judicial procurement unit, the Judicial Council;

(c)

(i)

only to the extent of the procurement authority expressly granted to the procurement unit by statute:

(A)	for the facilities division, the facilities division;

(B)	for the Office of the Attorney General, the attorney general;

(C)	for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation; and

(D)	for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and

(ii)	for each other executive branch procurement unit, the board;

(d)

for a local government procurement unit:

(i)	the governing body of the local government unit; or

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

(e)	for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter;

(f)	for a state institution of higher education, the Utah Board of Higher Education;

(g)	for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education;

(h)	for a public transit district, the chief executive of the public transit district;

(i)

for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules:

(i)	with respect to a subject addressed by board rules; or

(ii)	that are in addition to board rules;

(j)	for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education;

(k)	for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees;

(l)	for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees;

(m)	for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or

(n)

for any other procurement unit, the board. 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

Standard procurement process: means :

(a)	the bidding process;

(b)	the request for proposals process;

(c)	the approved vendor list process;

(d)	the small purchase process; or

(e)

the design professional procurement process. See Utah Code 63G-6a-103

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

for a public-private partnership for:

(i)	an infrastructure project; or

(ii)	a project to collect, analyze, and distribute health data to improve health and health care and to facilitate interaction regarding health and health care issues; and

(b)	that is not submitted in response to a solicitation.

(2)

(a)	Subject to Subsection (2)(b), a person may submit an unsolicited proposal to a procurement unit at any time.

(b)	An unsolicited proposal may not be used to seek a procurement unit’s consideration of a proposal after the expiration of the time for submitting proposals in response to a request for proposals.

(3)

An unsolicited proposal shall include:

(a)	a reference to this section and a statement that the unsolicited proposal is submitted under this section;

(b)	a conceptual description of the project that constitutes the procurement item that is the subject of the proposed public-private partnership;

(c)	a description of the economic benefit of the project to the state and the procurement unit;

(d)	information concerning the services or facilities currently being provided by the state or procurement unit that are similar to the project;

(e)

an estimate of the project costs for:

(i)

design;

(ii)	implementation;

(iii)

operation and maintenance; and

(iv)	any other related project cost; and

(f)	the name, address, telephone number, and email address of an individual who may be contacted for further information concerning the unsolicited proposal.

(4)	A procurement unit is not required to consider an unsolicited proposal.

(5)	A procurement unit may charge a person submitting an unsolicited proposal a fee to cover the actual cost of processing, considering, and evaluating the unsolicited proposal.

(6)

A procurement unit that receives an unsolicited proposal may not award a contract for the procurement item described in the unsolicited proposal unless:

(a)	the procurement unit first engages in a standard procurement process for proposals to provide the procurement item described in the unsolicited proposal; or

(b)	awarding the contract without the procurement unit engaging in a standard procurement process is allowed under Section 63G-6a-802.

(7)

If a procurement unit engages in a standard procurement process pursuant to Subsection (6)(a):

(a)	the procurement unit shall treat an unsolicited proposal as though it were submitted as a proposal in response to the solicitation; and

(b)	a person who has submitted an unsolicited proposal may, within the time provided in the solicitation for the submission of proposals, modify the unsolicited proposal to the extent necessary to address matters raised in the solicitation that were not addressed in the initial unsolicited proposal.

(8)	A rulemaking authority may make rules to govern the submission, processing, consideration, and evaluation of an unsolicited proposal, including fees relating to the unsolicited proposal.

(9)

An unsolicited proposal is subject to Chapter 2, Government Records Access and Management Act, including, if applicable, provisions relating to a written claim of business confidentiality, as provided in Section 63G-2-309, for trade secrets, commercial information, or nonindividual financial information described in Subsection 63G-2-305(1) or (2).

Amended by Chapter 257, 2020 General Session
Amended by Chapter 354, 2020 General Session

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