3. if the contract is being reissued, the historical usage and amount spent on the contract over the life of the contract that is being reissued. The Protest Officer shall retain the security deposit or bond until the appeal process is completed. The Protest Officer shall deposit a security deposit into an interest-bearing account and if the deposit is not forfeited return the deposit and the accrued interest to the person. The Protest Officer shall return the bond to the individual if it is not forfeited. A security deposit or bond is forfeited to the District’s general fund if the person providing it fails to ultimately prevail on appeal and the procurement appeals panel finds that the protest or appeal is frivolous or that its primary purpose is to harass or cause a delay. Utah Code § 63G-6a-1703 (2017)
1.1032.03 APPEAL TO UTAH COURT OF APPEALS Issue Date: 5/8/14 Updated: 3/10/16 CDB
Either the District or a person who receives an adverse decision from a procurement appeals panel may appeal the decision to the Utah Court of Appeals within seven days after the decision is issued. However, the District may not appeal the decision of the procurement appeals panel unless the appeal is recommended by the District Protest Officer involved. Utah Code § 63G-6a-1802 (2017)
1.1033 RESOLUTION OF DISPUTES REGARDING EXISTING CONTRACTS
1.1033.01 AUTHORITY OF PROTEST OFFICER TO RESOLVE DISPUTES Issue Date: 5/8/14
Before a court action is filed, the Protest Officer, or his or her designee, is authorized to settle and resolve a controversy between the District and a contractor in relation to an existing contract between the District and the contractor, including controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. Utah Code § 63G-6a-1905 (2013)
1.1033.02 JURISDICTION OF DISTRICT COURTS Issue Date: 5/8/14
The district courts have original jurisdiction in a cause of action between a contractor and the District that arises under, or in relation to, an existing contract between the contractor and the District. Utah Code § 63G-6a-1802 (2013)
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