Terms Used In Utah Code > Title 63G > Chapter 6a > Part 16 - Protests

• 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.
• Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
• Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103
• Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. 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 (vi)  contract administration. 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 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. 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 Judicial procurement unit: means : (a)  the Utah Supreme Court; (b)  the Utah Court of Appeals; (c)  the Judicial Council; (d)  a state judicial district; or (e)  an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Legislative procurement unit: means : (a)  the Legislature; (b)  the Senate; (c)  the House of Representatives; (d)  a staff office of the Legislature, the Senate, or the House of Representatives; or (e)  a committee, subcommittee, commission, or other organization: (i)  within the state legislative branch; or (ii)  (A)  that is created by statute to advise or make recommendations to the Legislature; (B)  the membership of which includes legislators; and (C)  for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103 Local government procurement unit: means : (a)  a county, municipality, or project entity, and each office of the county, municipality, or project entity, unless: (i)  the county or municipality adopts a procurement code by ordinance; or (ii)  the project entity adopts a procurement code through the process described in Section 11-13-316; (b)  (i)  a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and (ii)  a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or (c)  a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that: (i)  a term in the ordinance is used in the adopted chapter; or (ii)  a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103 Nonadopting local government procurement unit: means : (a)  a county or municipality that has not adopted 16, 17, 18, and 19; and (b)  each office or agency of a county or municipality described in Subsection (50)(a). See Utah Code 63G-6a-103 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 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 appeal record: means :Utah Code 63G-6a-1601.5 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 Public transit district: means a public transit district organized under 8. 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 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 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 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 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.