Utah Admin. Rules R33-6-106 (June 21, 2017)
Cancellation before award When the District determines before award but after opening that the specifications, scope of work or other requirements contained in the invitation for bid documents were not met by any bidder or offeror the invitation for bids shall be cancelled. In addition, the District may cancel an invitation for bids before award but after opening all bids or offers when the District determines in writing that one or more of the following has occurred: 1. inadequate or ambiguous specifications were cited in the invitation for bids; 2. the bid specifications have been or must be revised; 3. the procurement item(s) being solicited are no longer required; 4. the invitation for bids did not provide for consideration of all factors of cost to the District, such as cost of transportation, warranties, service and maintenance; 5. the bids received indicate that the District’s needs can be satisfied by a less expensive procurement item differing from that in the invitation for bids; 6. except as provided below regarding bids which exceed available funds, all otherwise acceptable bids or offers received are at unreasonable prices, or only one bid or offer is received and the Procurement Officer or Board of Education or its designee cannot determine the reasonableness of the bid price or cost proposal; 7. the responses to the invitation for bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith; or, 8. no responsive bid has been received from a responsible bidder. Utah Admin. Rules R33-9-103 (June 21, 2017) If the District has an existing contract and an invitation for bids is cancelled for one of the reasons listed in paragraphs (6), (7), or (8) above, and the Procurement Officer or Board of Education or its designee has made the required written determination, the District may permit the extension of the existing contract. Utah Code § 63G-6a-802.7(1)(b)(i) (2017) Evaluation of bids and awarding of contract The District shall evaluate each bid using the objective criteria described in the invitation for bids, which may include experience, performance ratings, inspection, testing, quality, workmanship, time and manner of delivery, references, financial stability, cost, suitability for a particular purpose, the contractor's work site safety program (including any requirement that the contractor imposes on subcontractors for a work site safety program), or other objective criteria specified in the invitation for bids. Criteria not described in the invitation for bids may not be used to evaluate a bid. Utah Admin. Rules R33-9-202 (June 21, 2017) The Board of Education or the Procurement Officer may reject a bid for (1) the bidder’s violation of the District’s procurement policies, the Procurement Policy Board rules, or the Procurement Code, (2) violating a requirement of the invitation for bids, (3) the bidder’s unlawful or unethical conduct, or (4), a change in the bidder’s circumstance that, had the change been known at the time
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