63G-6a-1601.5. Definitions.
445 words·~2 min read·
/ut/title-63g/chapter-6a/63g-6a-1601-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/9/2017
63G-6a-1601.5. Definitions.
As used in this part:
(1)"Constructive knowledge":
(a)means knowledge or information that a protestor would have if the protestor had exercised reasonable care or diligence, regardless of whether the protestor actually has the knowledge or information; and
(b)includes knowledge of:
(i)applicable provisions of this chapter and other law and administrative rule;
(ii)instructions, criteria, deadlines, and requirements contained in the solicitation or in other documents made available to persons interested in the solicitation or provided in a mandatory pre-solicitation meeting;
(iii)relevant facts and evidence supporting the protest or leading the protestor to contend that the protestor has been aggrieved in connection with a procurement;
(iv)communications or actions, pertaining to the procurement, of all persons within the protestor's organization or under the supervision of the protestor; and
(v)any other applicable information discoverable by the exercise of reasonable care or diligence.
(2)"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.
(3)"Protest appeal record" means:
(a)a copy of the protest officer's written decision;
(b)all documentation and other evidence the protest officer relied upon in reaching the protest officer's decision;
(c)the recording of the hearing, if the protest officer held a hearing;
(d)a copy of the protestor's written protest; and
(e)all documentation and other evidence submitted by the protestor supporting the protest or the protestor's claim of standing.
(4)"Protestor" means a person who files a protest under this part.
(5)"Standing" means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:
(a)the cause of the injury or harm is:
(i)an infringement of the protestor's own right and not the right of another person who is not a party to the procurement;
(ii)reasonably connected to the procurement unit's conduct; and
(iii)the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;
(b)a decision on the protest in favor of the protestor:
(i)is likely to redress the injury or harm; and
(ii)would give the protestor a reasonable likelihood of being awarded a contract; and
(c)the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest.
Amended by Chapter 348 , 2017 General Session