Utah Admin. Code 33-108-101f

Current through Bulletin 2024-23, December 1, 2024
Section R33-108-101f - Contesting a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process
(1) A person may contest the notice of intent to award a contract without engaging in a standard procurement process before the closing of the public notice period set forth in Section 63G-6a-112 by submitting the following information in writing to the procurement official:
(a) the name of the contesting person; and
(b) a detailed explanation of the contest, including documentation that:
(i) there are other competing sources for the procurement item;
(ii) transitional costs are not significant, unreasonable, or cost-prohibitive; or
(iii) a standard procurement process is in the best interest of the conducting procurement unit.
(2) Upon receipt of a contest of an award of a contract without engaging in a standard procurement process, the procurement official shall conduct an investigation to determine the validity of the contest and make a written determination either supporting or denying the contest.
(a) If a contest is upheld, the procurement unit shall conduct a standard procurement process for the procurement item being considered or cancel the procurement;
(b) If a contest is not upheld, the procurement unit may proceed with awarding a contract without engaging in a standard procurement process.
(3) A vendor's right to file a protest under Title 63G, Chapter 6a; Part 16, Protests, is not waived by a vendor's actions to contest a procurement unit's notice of intent to award a contract without engaging in a standard procurement process under Section R33-108-101f.

Utah Admin. Code R33-108-101f

Adopted by Utah State Bulletin Number 2024-15, effective 7/9/2024, exp. 11/6/2024 (Emergency)
Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024