Policy_Manual_2-12-2024

Utah Code § 63G-6a-115 (2016) Utah Code § 63G-6a-605(1)(b) (2016) Utah Code § 63G-6a-706(1)(b) (2016)

1.1010.14 VENDOR QUALIFICATION Issue Date: 5/8/14 Updated: 1/6/16 CBA

Determination of non-responsibility “Responsible” means being capable, in all respects of meeting all the requirements of a solicitation and fully performing all the requirements of the resulting contract, including being financially solvent with sufficient financial resources to perform the contract. Utah Code § 63G-6a-103(76) (2018) If the District determines that a bidder or offeror is not responsible, that determination shall be made in writing in accordance with rules issued by the Procurement Policy Board. It may be grounds for a finding of non-responsibility if a bidder or offeror unreasonably fails to promptly supply information in connection with an inquiry with respect to responsibility. Subject to the Utah Government Records Access and Management Act and Policy GA, information furnished by a bidder or offeror in connection with a responsibility inquiry may not be disclosed outside of the District without prior written consent by the bidder or offeror. Utah Code § 63G-6a-903 (2017) The District shall reject bids or offers submitted by bidders or offerors who are determined to be nonresponsible. Utah Admin. Rules R33-9-204(1) (June 21, 2017) Debarment The Board of Education or its designee or the district Procurement Officer may, according to Section 1.1031, either debar a person for cause from consideration for award of contracts for up to three years or suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity that might lead to debarment. A suspension may not be for more than three months unless an indictment has been issued for an offense which would cause debarment, in which case the suspension shall, if requested by the District’s attorney, remain in effect until after the trial of the suspended person. Causes for debarment include: 1. conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of a public or private contract or subcontract; 2. conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a contractor for the District; 3. conviction under state or federal antitrust statutes;

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