(1) A procurement unit that conducts a procurement using a bidding process shall evaluate each bid using the objective criteria described in the invitation for bids, which may include: (a) experience; (b) performance ratings; (c) inspection; (d) testing; (e) quality; (f) workmanship; (g) time and manner of delivery; (h) references; (i) financial stability; (j) cost; (k) suitability for a particular purpose; (l) the contractor's work site safety program, including any requirement that the contractor imposes on subcontractors for a work site safety program; or (m) other objective criteria specified in the invitation for bids.

(a) experience;

(b) performance ratings;

(c) inspection;

(d) testing;

(e) quality;

(f) workmanship;

(g) time and manner of delivery;

(h) references;

(i) financial stability;

(j) cost;

(k) suitability for a particular purpose;

(l) the contractor's work site safety program, including any requirement that the contractor imposes on subcontractors for a work site safety program; or

(m) other objective criteria specified in the invitation for bids.

(2) Criteria not described in the invitation for bids may not be used to evaluate a bid.

(3) The conducting procurement unit shall: (a) subject to the provisions of Section 63G-6a-1204.5 for multiple award contracts, award the contract as soon as practicable to: (i) the responsible bidder who submits the lowest responsive bid that meets the objective criteria described in the invitation for bids; or (ii) if, in accordance with Subsection (4), the procurement officer or the head of the conducting procurement unit rejects a bid described in Subsection (3)(a)(i), the responsible bidder who submits the next lowest responsive bid that meets the objective criteria described in the invitation for bids; or (b) cancel the invitation for bids without awarding a contract.

(a) subject to the provisions of Section 63G-6a-1204.5 for multiple award contracts, award the contract as soon as practicable to: (i) the responsible bidder who submits the lowest responsive bid that meets the objective criteria described in the invitation for bids; or (ii) if, in accordance with Subsection (4), the procurement officer or the head of the conducting procurement unit rejects a bid described in Subsection (3)(a)(i), the responsible bidder who submits the next lowest responsive bid that meets the objective criteria described in the invitation for bids; or

(i) the responsible bidder who submits the lowest responsive bid that meets the objective criteria described in the invitation for bids; or

(ii) if, in accordance with Subsection (4), the procurement officer or the head of the conducting procurement unit rejects a bid described in Subsection (3)(a)(i), the responsible bidder who submits the next lowest responsive bid that meets the objective criteria described in the invitation for bids; or

(b) cancel the invitation for bids without awarding a contract.

(4) In accordance with Subsection (5), the procurement officer or the head of the conducting procurement unit may reject a bid for: (a) a violation of this chapter by the bidder who submitted the bid; (b) a violation of a requirement of the invitation for bids; (c) unlawful or unethical conduct by the bidder who submitted the bid; or (d) a change in a bidder's circumstance that, had the change been known at the time the bid was submitted, would have caused the bid to be rejected.

(a) a violation of this chapter by the bidder who submitted the bid;

(b) a violation of a requirement of the invitation for bids;

(c) unlawful or unethical conduct by the bidder who submitted the bid; or

(d) a change in a bidder's circumstance that, had the change been known at the time the bid was submitted, would have caused the bid to be rejected.

(5) A procurement officer or head of a conducting procurement unit who rejects a bid under Subsection (4) shall: (a) make a written finding, stating the reasons for the rejection; and (b) provide a copy of the written finding to the bidder who submitted the rejected bid.

(a) make a written finding, stating the reasons for the rejection; and

(b) provide a copy of the written finding to the bidder who submitted the rejected bid.

(6) If a conducting procurement unit cancels an invitation for bids without awarding a contract, the conducting procurement unit shall make available for public inspection a written justification for the cancellation.