(3) To determine which proposal provides the best value to the procurement unit, the evaluation committee shall evaluate each responsible offeror’s responsive proposal that has not been disqualified from consideration under the provisions of this chapter, using the evaluation criteria described in the request for proposals.

(1) A protest may be filed with the protest officer by a person who:
(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.

(75) “Responsive” means conforming in all material respects to the requirements of a solicitation.

(74) “Responsible” means being capable, in all respects, of:
(a) meeting all the requirements of a solicitation; and
(b) fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract.

(1) A procurement unit shall appoint an evaluation committee of at least three members to evaluate proposals received in response to a request for proposals issued by the procurement unit.; (5) A procurement unit shall:
(a) appoint evaluation committee members who have at least a general familiarity with or basic understanding of:
(i) the technical requirements relating to the type of procurement item that is the subject of the procurement; or
(ii) the need that the procurement item is intended to address;
(6) A procurement unit may authorize an evaluation committee to receive assistance from an expert or consultant to better understand a technical issue involved in the procurement.

Currentness
(1) The chief procurement officer:
(a) is the director of the division;
(b) serves as the central procurement officer of the state;
(c) serves as a voting member of the board; and
(d) serves as the protest officer for a protest relating to a procurement of an executive branch procurement, except an executive branch procurement unit designated under Subsection 63G-6a-103(39)(b), (c), (d), or (e) as an independent procurement unit, or a state cooperative contract procurement, unless the chief procurement officer designates another to serve as protest officer, as authorized in this chapter.
(2) Except as otherwise provided in this chapter, the chief procurement officer shall:…

(1) When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers (statement of qualifications) to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.
(2) Description.
Multi-step sealed bidding is a two-phase process. In the first phase, bidders shall submit a statement of qualifications to be evaluated. In the second phase, bidders whose statement of qualifications are determined to be acceptable during the first phase shall be invited to submit price bids.
(3) Use.
Multi-step sealed bidding may be used when the executive director deems it to be in the interest of the state.
(4) Procedure for First Phase. The first phase shall be processed in accordance with the notice, substance and procedural requirements of a request for proposal under R131-4-408.
(5) The second phase shall be processed in accordance with the applicable substance and procedural requirements of a competitive sealed bid under R131-4-401. No public notice will be provided for this invitation.
KEY: contracts, public buildings, procurement

(1) This part applies to all procurement units other than:
(a) a legislative procurement unit;
(b) a judicial procurement unit;
(c) a nonadopting local government procurement unit; or
(d) a public transit district.
(2)(a) Subject to Section 63G-6a-1703, a protestor may appeal to the board a protest decision of a procurement unit that is subject to this part by filing a written notice of appeal with the chair of the board within seven days after:
(i) the day on which the written decision described in Section 63G-6a-1603 is:
(A) personally served on the party or the party’s representative; or
(B) emailed or mailed to the address or email address provided by the party under Subsection 63G-6a-1602(4); or
(ii) the day on which the 30-day period described in Subsection 63G-6a-1603(9) ends, if a written decision is not issued before the end of the 30-day period.
(b) A notice of appeal under Subsection (2)(a) shall:
(i) include the address of record and email address of record of the party filing the notice of appeal; and
(ii) be accompanied by a copy of any written protest decision.
(c) The deadline for appealing a protest decision may not be modified.
(3) A person may not base an appeal of a protest under this section on:
(a) a ground not specified in the person’s protest under Section 63G-6a-1602; or
(b) new or additional evidence not considered by the protest officer.
(4)(a) A person may not appeal from a protest described in Section 63G-6a-1602, unless:
(i) a decision on the protest has been issued; or
(ii) a decision is not issued and the 30-day period described in Subsection 63G-6a-1603(9), or a longer period agreed to by the parties, has passed.
(b) A procurement unit may not appeal a protest decision or other determination made by the procurement unit’s protest officer.
(5)(a) Within seven days after the chair of the board receives a written notice of an appeal under this section, the chair shall submit a written request to the protest officer for the protest appeal record.
(b) Within seven days after the chair receives the protest appeal record from the protest officer, the appointing officer shall, in consultation with the attorney general’s office:
(i) review the appeal to determine whether the appeal complies with the requirements of Subsections (2), (3), and (4) and Section 63G-6a-1703; and
(ii)(A) dismiss any claim asserted in the appeal, or dismiss the appeal, without holding a hearing if the appointing officer determines that the claim or appeal, respectively, fails to comply with any of the requirements listed in Subsection (5)(b)(i); or
(B) appoint a procurement appeals panel to conduct an administrative review of any claim in the appeal that has not been dismissed under Subsection (5)(b)(ii)(A), if the appointing officer determines that one or more claims asserted in the appeal comply with the requirements listed in Subsection (5)(b)(i).
(c) A procurement appeals panel appointed under Subsection (5)(a) shall consist of an odd number of at least three individuals, each of whom is:
(i) a member of the board; or
(ii) a designee of a member appointed under Subsection (5)(c)(i), if the designee is approved by the chair of the board.
(d) The appointing officer shall appoint one of the members of the procurement appeals panel to serve as the coordinator of the panel.
(e) The appointing officer may:
(i) appoint the same procurement appeals panel to hear more than one appeal; or
(ii) appoint a separate procurement appeals panel for each appeal.
(f) The appointing officer may not appoint a person to a procurement appeals panel if the person is employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor’s protest.
(g) The appointing officer shall, at the time the procurement appeals panel is appointed, provide appeals panel members with a copy of the notice of appeal filed under Subsection (2) and the protest decision record.
(6)(a) A procurement appeals panel described in Subsection (5):
(i) shall conduct an administrative review of the appeal within 30 days after the day on which the procurement appeals panel is appointed, or before a later date that all parties agree upon, unless the appeal is dismissed under Subsection (8)(a); and
(ii)(A) may, as part of the administrative review and at the sole discretion of the procurement appeals panel, conduct an informal hearing, if the procurement appeals panel considers a hearing to be necessary; and
(B) if the procurement appeals panel conducts an informal hearing, shall, at least seven days before the hearing, mail, email, or hand-deliver a written notice of the hearing to the parties to the appeal.
(b) A procurement appeals panel may, during an informal hearing, ask questions and receive responses regarding the appeal and the protest appeal record to assist the procurement appeals panel to understand the basis of the appeal and information contained in the protest appeal record, but may not otherwise take any additional evidence or consider any additional ground for the appeal.
(7) A procurement appeals panel shall consider and decide the appeal based solely on:
(a) the notice of appeal and the protest appeal record; and
(b) responses received during an informal hearing, if an informal hearing is held and to the extent allowed under Subsection (6)(b).
(8) A procurement appeals panel:
(a) may dismiss an appeal if the appeal does not comply with the requirements of this chapter; and
(b) shall uphold the protest decision unless the protest decision is arbitrary and capricious or clearly erroneous.
(9) The procurement appeals panel shall, within seven days after the day on which the procurement appeals panel concludes the administrative review:
(a) issue a written decision on the appeal; and
(b) mail, email, or hand-deliver the written decision on the appeal to the parties to the appeal and to the protest officer.
(10)(a) The deliberations of a procurement appeals panel may be held in private.
(b) If the procurement appeals panel is a public body, as defined in Section 52-4-103, the procurement appeals panel shall comply with Section 52-4-205 in closing a meeting for its deliberations.
(11) A procurement appeals panel may continue an administrative review under this section beyond the 30-day period described in Subsection (6)(a)(i) if the procurement appeals panel determines that the continuance is in the interests of justice.
(12) If a procurement appeals panel determines that the decision of the protest officer is arbitrary and capricious or clearly erroneous, the procurement appeals panel:
(a) shall remand the matter to the protest officer, to cure the problem or render a new decision;
(b) may recommend action that the protest officer should take; and
(c) may not order that:
(i) a contract be awarded to a certain person;
(ii) a contract or solicitation be cancelled; or
(iii) any other action be taken other than the action described in Subsection (12)(a).
(13) The board shall make rules relating to the conduct of an appeals proceeding, including rules that provide for:
(a) expedited proceedings; and
(b) electronic participation in the proceedings by panel members and participants.
(14) The Rules of Evidence do not apply to a hearing held by a procurement appeals panel.
(15) Part 20, Records, applies to the records involved in the process described in this section, including the decision issued by a procurement appeals panel.

(1) A procurement unit that issues a solicitation shall post notice of the solicitation: (a) at least seven days before the day of the deadline for submission of a solicitation response; and (b) (i) on the main website for the procurement unit; or (ii) on a state website that is owned, managed by, or provided under contract with, the division for posting a public procurement notice. (2) A procurement unit may reduce the seven-day period described in Subsection [(1)](https://le.utah.gov/xcode/Title63G/Chapter6A/63G-6a-S112.html?v=C63G-6a-S112_2020051220200512#63G-6a-112(1)), if the procurement unit’s procurement official signs a written statement that: (a) states that a shorter time is needed; and (b) determines that competition from multiple sources may be obtained within the shorter period of time.

(1) As used in this Section, “reverse auction” means a process where:
(a) contracts are awarded in an open and interactive environment, which may include the use of electronic media; and
(b) bids are opened and made public immediately, and bidders given opportunity to submit revised, lower bids, until the bidding process is complete.
(2) Notwithstanding the requirements of this rule, contracts may be awarded through a reverse auction.
(3) Reverse auction is a two-phase process consisting of a technical first phase composed of one or more steps in which bidders submit a statement of qualifications to be evaluated against the established criteria by the executive director, and a second phase in which those bidders whose statement of qualifications are determined to be acceptable during the first phase submit their price bids through a reverse auction.
(4) Use. The reverse auction method will be used when the executive director deems it to the advantage of the board.
(5) Pre-Bid Conferences in Reverse Auctions. Prior to the submission of a statement of qualifications, a pre-bid conference may be conducted by the executive director. The executive director may also hold a conference of all bidders at any time during the evaluation of the statement of qualifications, or to explain the reverse auction process.
(6) Procedure for Phase One of Reverse Auctions.
(a) Form. A reverse auction shall be initiated by the issuance of an invitation for bids in the form required by R131-4-401. In addition to those requirements, the reverse auction invitation for bids shall state:
(i) that a statement of qualifications are requested;
(ii) that it is a reverse auction procurement, and priced bids will be considered only in the second phase and only from those bidders whose statement of qualifications are found acceptable in the first phase;
(iii) the criteria to be used in the evaluation of the statement of qualifications;
(iv) that the board or executive director, to the extent the executive director finds necessary, may conduct oral or written discussions of the statement of qualifications;
(v) that bidders may designate those portions of the statement of qualifications which contain trade secrets or other proprietary data which are to remain confidential to the extent provided by law; and
(vi) the manner in which the second phase reverse auction will be conducted.
(7) Amendments to the Invitation for Bids. After receipt of the statement of qualifications, amendments to the invitation for bids shall be distributed only to bidders who submitted a statement of qualifications and they shall be allowed to submit new statements of qualifications or to amend those submitted. If, in the opinion of the executive director, a contemplated amendment will significantly change the nature of the procurement, the invitation for bids shall be canceled in accordance with R131-4-401 and a new invitation for bids issued.
(8) Receipt and Handling of Statement of Qualifications. Statement of qualifications shall be opened publicly identifying only the names of the bidders. Technical offers and modifications shall be time stamped upon receipt and held in a secure place until the established due date. After the date established for receipt of bids, a register of bids shall be open to public inspection and shall include the name of each bidder, and a description sufficient to identify the supply, service, or construction offered. Prior to the selection of the lowest bid of a responsive and responsible bidder following phase two, statement of qualifications shall remain confidential and shall be available only to board personnel and those involved in the selection process having a legitimate interest in them.
(9) Non-Disclosure of Proprietary Data. Bidders may request protection of records in accordance with R131-4-411A.
(10)(a) Evaluation of Statement of Qualifications. The statement of qualifications submitted by bidders shall be evaluated solely in accordance with the criteria set forth in the invitation for bids. The statement of qualifications shall be categorized as:
(i) acceptable;
(ii) potentially acceptable, that is, reasonably susceptible of being made acceptable; or
(iii) unacceptable.
(b) The executive director shall record in writing the basis for finding an offer unacceptable and make it part of the procurement file.
(c) The executive director may initiate phase two of the procedure if, in the executive director’s opinion, there are sufficient acceptable statements of qualifications to assure effective price competition in the second phase without modification or alteration of the offers. If the executive director finds that this is not the case, the executive director shall issue an amendment to the invitation for bids or engage in technical discussions as set forth in R131-4-402(11) below.
(11) Discussion of Statement of Qualifications. Discussion of the statement of qualifications may be conducted by the executive director with any bidder who submits an acceptable or potentially acceptable statement of qualifications. During the course of these discussions, the executive director shall not disclose any information derived from one statement of qualifications offer to any other bidder. Once discussions are begun, any bidder who has not been notified that its statement of qualifications has been finally found unacceptable may submit supplemental information modifying or otherwise amending its statement of qualifications offer at any time until the closing date established by the executive director. This submission may be made at the request of the executive director or upon the bidder’s own initiative.
(12) Notice of Unacceptable Statement of Qualifications. When the executive director determines a bidder’s statement of qualifications is unacceptable, the executive director shall notify the bidder. After this notification, the bidder shall not be afforded an additional opportunity to modify their statement of qualifications.
(13) Carrying Out Phase Two of Reverse Auctions.
(a) Upon the completion of phase one, the executive director shall invite those qualified bidders to participate in phase two of the reverse auction which is an open and interactive process where pricing is submitted, made public immediately, and bidders are given the opportunity to submit revised, lower bids, until the bidding process is closed.
(b) The invitation for bids shall:
(i) establish a date and time for the beginning of phase two;
(ii) establish a closing date and time. The closing date and time need not be a fixed point in time, but may remain dependent on a variable specified in the invitation for bids.
(c) Following receipt of the first bid after the beginning of phase two, the lowest bid price shall be posted, either manually or electronically, and updated as other bidders submit their bids.
(i) At any time before the closing date and time a bidder may submit a lower bid, provided that the price is below the then lowest bid.
(ii) Bid prices may not be increased after the beginning of phase two.
(14) Mistakes During Reverse Auctions.
(a) Mistakes may be corrected or bids may be withdrawn during phase one:
(i) before statements of qualifications are considered;
(ii) after any discussions have commenced under the procedure for phase one of reverse auctions, discussion of statement of qualifications; or
(iii) when responding to any amendment of the invitation for bids. Otherwise, mistakes may be corrected or withdrawal permitted in accordance with R131-4-401(10).
(15) A phase two bid may be withdrawn only in accordance with R131-4-401(10). If a bid is withdrawn, a later bid submitted by the same bidder may not be for a higher price. If the lowest responsive bid is withdrawn after the closing date and time, the executive director may cancel the solicitation or reopen phase two bidding to all bidders deemed qualified through phase one by giving notice to those bidders of the new date and time for the beginning of phase two and the new closing date and time.