Policy_Manual_2-12-2024

Utah Code § 63G-6a-1601.5(3) (2017)

1.1031.02 PARTIES WHO MAY PROTEST Issue Date: 5/8/14 Updated: 4/11/19

A protest may be filed with the Protest Officer by a person who has standing and who is aggrieved in connection with a procurement or an award of a contract. Utah Code § 63G-6a-1602(1) (2017) A person filing a protest may be asked to verify that the person has legal authority to file a protest when doing so on behalf of a corporation (public or private), governmental entity, sole proprietorship, partnership, or unincorporated association. Utah Admin. Rules R33-16-201 (June 201, 2017)

1.1031.03 FILING PROTEST Issue Date: 5/8/14 Updated: 3/10/16 Timing

In general, a protest must be filed before the opening of bids (if it relates to bidding) or the solicitation deadline (if it relates to another standard procurement process). If the protest relates to a multiple-stage procurement process, then it must be filed before the closing of the stage which is the subject of the protest. However, these deadlines do not apply if the protestor did not know or have constructive knowledge of the facts giving rise to the protest before the deadline expired. In those cases, the protest must be filed within seven days after the date the person first knew or had constructive knowledge of the facts giving rise to the protest. If the protest does not relate to a standard procurement process, then the protest must be filed within seven days after the date the person first knew or had constructive knowledge of the facts giving rise to the protest. The deadlines for filing a protest may not be modified. A person who fails to timely file a protest under this section may not protest to the Protest Officer a solicitation or award of a contract, or file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum. Utah Code § 63G-6a-1602(2), (3), (7) (2017) Contents A person who files a protest under this section shall include in the filing document the protestor’s mailing address and email address and a concise statement of the grounds upon which the protest is made. The statement of grounds for the protest must include the relevant facts and evidence leading the protestor to contend that a grievance has occurred, including but not limited to specifically referencing: 1. An alleged violation of the Utah Procurement Code;

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