63G-6a-1602. Protest -- Time for filing -- Basis of protest -- Authority to resolve protest.
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Effective 5/9/2017
63G-6a-1602. Protest -- Time for filing -- Basis of protest -- Authority to resolve protest.
(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)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.
(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.
Amended by Chapter 348 , 2017 General Session