4. failure without good cause to perform in accordance with the terms of the contract; 5. a violation of the Procurement Code or the District’s procurement policies; or 6. any other cause that the Board of Education or its designee or the district Procurement Officer determines to be so serious and compelling as to affect responsibility as a contractor for the District, including debarment by another governmental entity. The District may consider any cause for debarment as a basis for determining that a person responding to a solicitation is not responsible independent of any effort or proceeding to debar or suspend the person and even if the District does not choose to seek debarment or suspension. Utah Code § 63G-6a-904(1)(a), (2), (3), (5) (2017) Bids, offers, or other submissions received from any person that is suspended, debarred, or otherwise ineligible as of the due date for receipt of bids, proposals, or other submissions shall be rejected by the District. Utah Admin. Rules R33-9-301 (June 21, 2017) Ineligible bidder or offeror A person with an outstanding tax lien in the state may not submit a quote, bid, or offer to the District, nor may such a person contract to provide a procurement item to the District. However, if the district Procurement Officer determines that it is in the best interests of the District to do so, the District may grant an exception to this prohibition for a specified and particular quote, bid, offer, or contract. The District may reject a quote, bid, or offer submitted in violation of this prohibition. Utah Code § 63G-6a-905 (2013)
1.1010.15 PREFERENCES Issue Date: 5/8/14 Updated: 1/6/16 CBA
Preference for providers of Utah products The District shall, for all procurements, give a reciprocal preference to those bidders offering procurement items that are produced, manufactured, mined, grown, or performed in Utah (“Utah items”) over those bidders offering procurement items that are produced, manufactured, mined, grown, or performed in any state that gives or requires a preference to procurement items that are produced, manufactured, mined, grown, or performed in that state (“out of state preferred items”). The amount of reciprocal preference shall be equal to the amount of the preference applied by the other state for that particular procurement item. In order to receive a reciprocal preference under this section, the bidder must certify on the bid that the procurement items offered are Utah items. Without that certification on the bid, the reciprocal preference is waived. If the bidder submitting the lowest responsive and responsible bid offers out of state preferred items, and if another bidder has submitted a responsive and responsible bid offering Utah items, and with the benefit of the reciprocal preference, the bid of the other bidder is equal to or less than the original lowest bid, the District shall (1) notify the Utah items bidder that the bidder qualifies as a preferred bidder; and (2) make the purchase from the preferred bidder if the bidder agrees, in writing, to meet the low bid within 72 hours after the notice. The District shall include the exact price submitted by the lowest bidder in its notice to the preferred bidder. The District may not
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