LegalFix

Section 709 - Award of contract -- Cancellation -- Rejection of proposal.

UT Code § 63G-6a-709 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) After the completion of the evaluation and scoring of proposals and the justification statement, including any required cost-benefit analysis, the evaluation committee shall submit the proposals, evaluation scores, and justification statement to the head of the procurement unit or designee for review and final determination of a contract award or an award of multiple contracts as provided in Section 63G-6a-1204.5.

(2) After reviewing the proposals, evaluation scores, and justification statement, including any required cost-benefit analysis, the head of the issuing procurement unit shall: (a) (i) award the contract as soon as practicable to the responsible offeror with the responsive proposal receiving the highest total score; or (ii) (A) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract, award the contract to the responsible offeror with the responsive proposal receiving the next highest total score; and (B) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract under Subsection (2)(a)(ii)(A), repeat the process described in Subsection (2)(a)(ii)(A) as many times as necessary until a contract is awarded to a responsible offeror whose proposal is not rejected; or (b) cancel the request for proposals without awarding a contract.

(a) (i) award the contract as soon as practicable to the responsible offeror with the responsive proposal receiving the highest total score; or (ii) (A) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract, award the contract to the responsible offeror with the responsive proposal receiving the next highest total score; and (B) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract under Subsection (2)(a)(ii)(A), repeat the process described in Subsection (2)(a)(ii)(A) as many times as necessary until a contract is awarded to a responsible offeror whose proposal is not rejected; or

(i) award the contract as soon as practicable to the responsible offeror with the responsive proposal receiving the highest total score; or

(ii) (A) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract, award the contract to the responsible offeror with the responsive proposal receiving the next highest total score; and (B) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract under Subsection (2)(a)(ii)(A), repeat the process described in Subsection (2)(a)(ii)(A) as many times as necessary until a contract is awarded to a responsible offeror whose proposal is not rejected; or

(A) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract, award the contract to the responsible offeror with the responsive proposal receiving the next highest total score; and

(B) if the head of the issuing procurement unit rejects a proposal under Subsection (3) of an offeror who would otherwise have been awarded a contract under Subsection (2)(a)(ii)(A), repeat the process described in Subsection (2)(a)(ii)(A) as many times as necessary until a contract is awarded to a responsible offeror whose proposal is not rejected; or

(b) cancel the request for proposals without awarding a contract.

(3) The head of an issuing procurement unit may reject a proposal if: (a) the offeror who submitted the proposal: (i) is not responsible; (ii) is in violation of a provision of this chapter; (iii) has engaged in unethical conduct; or (iv) fails to sign a contract within: (A) 90 days after the contract award, if no time is specified in the solicitation; or (B) a time authorized in writing by the head of the issuing procurement unit; (b) there is a change in the offeror's circumstances that, if the change had been known at the time the offeror's proposal was evaluated, would have caused the proposal not to have received the highest score; or (c) the proposal: (i) is not responsive; or (ii) does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds stated in the solicitation.

(a) the offeror who submitted the proposal: (i) is not responsible; (ii) is in violation of a provision of this chapter; (iii) has engaged in unethical conduct; or (iv) fails to sign a contract within: (A) 90 days after the contract award, if no time is specified in the solicitation; or (B) a time authorized in writing by the head of the issuing procurement unit;

(i) is not responsible;

(ii) is in violation of a provision of this chapter;

(iii) has engaged in unethical conduct; or

(iv) fails to sign a contract within: (A) 90 days after the contract award, if no time is specified in the solicitation; or (B) a time authorized in writing by the head of the issuing procurement unit;

(A) 90 days after the contract award, if no time is specified in the solicitation; or

(B) a time authorized in writing by the head of the issuing procurement unit;

(b) there is a change in the offeror's circumstances that, if the change had been known at the time the offeror's proposal was evaluated, would have caused the proposal not to have received the highest score; or

(c) the proposal: (i) is not responsive; or (ii) does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds stated in the solicitation.

(i) is not responsive; or

(ii) does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds stated in the solicitation.

(4) A head of an issuing procurement unit who rejects a proposal under Subsection (3) shall: (a) make a written finding, stating the reasons for the rejection; and (b) provide a copy of the written finding to the offeror whose proposal is rejected.

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

(b) provide a copy of the written finding to the offeror whose proposal is rejected.

(5) If an issuing procurement unit cancels a request for proposals without awarding a contract, the issuing procurement unit shall make available for public inspection a written justification for the cancellation.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 709 - Award of contract -- Cancellation -- Rejection of proposal.