§ 63G-6a-1901 Title
§ 63G-6a-1902 Limitation on challenges — Compliance with federal law
§ 63G-6a-1903 Effect of timely protest or appeal
§ 63G-6a-1904 Costs to or against protestor
§ 63G-6a-1906 Effect of prior determination by agents of procurement unit
§ 63G-6a-1907 Effect of violation found after award of contract
§ 63G-6a-1909 Affect of violation found prior to award of contract
§ 63G-6a-1910 Interest rates
§ 63G-6a-1911 Determinations final except when arbitrary and capricious or clearly erroneous

Terms Used In Utah Code > Title 63G > Chapter 6a > Part 19 - General Provisions Related to Protest or Appeal

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
  • Chief procurement officer: means the individual appointed under Section 63A-2-102. 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103
  • Independent procurement unit: means :
    (a) 
    (i) a legislative procurement unit;
    (ii) a judicial branch procurement unit;
    (iii) an educational procurement unit;
    (iv) a local government procurement unit;
    (v) a conservation district;
    (vi) a local building authority;
    (vii) a special district;
    (viii) a public corporation;
    (ix) a special service district; or
    (x) the Utah Communications Authority, established in Section 63H-7a-201;
    (b) the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities;
    (c) the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General;
    (d) the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code; or
    (e) any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Issuing procurement unit: means a procurement unit that:
    (a) reviews a solicitation to verify that it is in proper form;
    (b) causes the notice of a solicitation to be published; and
    (c) negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103
  • 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
  • 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
  • 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
  • Procurement official: means :
    (a) for a procurement unit other than an independent procurement unit, the chief procurement officer;
    (b) for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;
    (c) for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule;
    (d) for a local government procurement unit:
    (i) the legislative body of the local government procurement unit; or
    (ii) an individual or body designated by the local government procurement unit;
    (e) for a special district, the board of trustees of the special district or the board of trustees' designee;
    (f) for a special service district, the governing body of the special service district or the governing body's designee;
    (g) for a local building authority, the board of directors of the local building authority or the board of directors' designee;
    (h) for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee;
    (i) for a public corporation, the board of directors of the public corporation or the board of directors' designee;
    (j) for a school district or any school or entity within a school district, the board of the school district or the board's designee;
    (k) for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body;
    (l) for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee;
    (m) for the State Board of Education, the State Board of Education or the State Board of Education's designee;
    (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education;
    (o) for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or
    (p) 
    (i) for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee;
    (ii) for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee;
    (iii) for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee; or
    (iv) for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. See Utah Code 63G-6a-103
  • Public transit district: means a public transit district organized under 8. 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
  • 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