A “hearing” is 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. “Standing” means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if the following are also satisfied: 1. the cause of the injury or harm is: a. an infringement of the protestor’s own right and not the right of another person who is not a party to the procurement, and b. reasonably connected to the District’s conduct, and c. 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, and 2. a decision on the protest in favor of the protestor a. is likely to redress the injury or harm and b. would give the protestor a reasonable likelihood of being awarded a contract, and 3. 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. “Constructive knowledge” 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. Such knowledge includes knowledge of: 1. applicable provisions of the Procurement Code, Procurement Policy Board rules, and the District’s procurement policies, 2. 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, 3. relevant facts and evidence supporting the protest or leading the protestor to contend that the protestor has been aggrieved in connection with a procurement, 4. communications or actions, pertaining to the procurement, of all persons within the protestor's organization or under the supervision of the protestor, and 5. any other applicable information discoverable by the exercise of reasonable care or diligence. Utah Code § 63G-6a-1601.5(1), (2), (4), (5) (2017) The “Protest Officer” for the District is _________________________, or another employee of the District designated by the Board of Education, or such other person as is designated by rule of the Procurement Policy Board. Utah Code § 63G-6a-103(62) (2018) The “protest appeal record” includes (1) a copy of the protest officer’s written decision; (2) all documentation and evidence the protest officer relied on in reaching the decision; (3) the recording of the hearing (if a hearing was held); (4) a copy of the written protest; and (5) all documentation and other evidence submitted by the protestor.
Made with FlippingBook flipbook maker