d. security holder of a party; or e. person whose participation is in the public interest. Ruling on motion to intervene
If no written objection to the timely motion to intervene is filed with the Protest Officer within seven calendar days after the motion to intervene is received by the protesting person, the person seeking intervention becomes a party at the end of this seven-day period. If an objection is timely filed, the person seeking intervention becomes a party only when the motion is expressly granted by the Protest Officer based on a determination that a reason for intervention exists as stated in this policy. Notwithstanding any provision of this policy, an awardee of the procurement that is the subject of a protest will not be denied their motion to intervene, regardless of its content, unless it is untimely filed. Utah Admin. Rules R33-16-301 (June 21, 2017)
1.1031.05 DETERMINATION ON PROTEST Issue Date: 5/8/14 Updated: 4/11/19 CDA Authority to resolve
A Protest Officer, or the Board of Education or its designee, may enter into a settlement agreement to resolve a protest. Utah Code § 63G-6a-1602(8) (2017) At any time during the protest process, if it is discovered that a procurement is out of compliance with any part of the Utah Procurement Code or governing regulations, including errors or discrepancies, the Protest Officer or Board of Education or its designee may take administrative action to correct or amend the procurement to bring it into compliance, correct errors or discrepancies or cancel the procurement. Utah Code § 63G-6a-106(4)(e) (2016) Utah Admin. Rules R33-16-401 (June 21, 2017) Process for determining the protest After a protest is filed, the protest officer shall first determine whether the protest is timely and fully complies with the content requirements set forth above. The protest officer shall, without holding a hearing, dismiss any protests which are not timely or which do not fully comply with the content requirements. If the protest is timely and compliant, then the protest officer shall: 1. dismiss the protest without holding a hearing if the protest officer determines that it alleges facts that, if true, do not provide an adequate basis for the protest; or 2. uphold the protest without holding a hearing if the protest officer determines that the undisputed facts of the protest indicate that it should be upheld; or
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