Section 1903 – Effect of timely protest or appeal.
Effective 5/12/2020 63G-6a-1903. Effect of timely protest or appeal. A procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may not proceed further with a solicitation or with the award of a contract: (1) during the pendency of a timely: (a) […]
Section 1904 – Costs to or against protestor.
Effective 5/12/2015 63G-6a-1904. Costs to or against protestor. (1) If a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, the protestor is entitled to the following relief as a claim against the procurement unit: (a) […]
Section 1906 – Effect of prior determination by agents of procurement unit.
Effective 3/29/2014 63G-6a-1906. Effect of prior determination by agents of procurement unit. In any judicial action under Section 63G-6a-1802, determinations by employees, agents, or other persons appointed by the procurement unit shall be final and conclusive only as provided in Sections 63G-6a-1911, 63G-6a-1603, and 63G-6a-1705. Amended by Chapter 196, 2014 General Session
Section 1907 – Effect of violation found after award of contract.
Effective 3/29/2014 63G-6a-1907. Effect of violation found after award of contract. (1) If after award of a contract it is determined administratively or upon administrative or judicial review that a procurement or award of a contract is in violation of law: (a) (i) if the person awarded the contract did not act fraudulently or in […]
Section 1802 – Appeal to Utah Court of Appeals.
Effective 5/9/2017 63G-6a-1802. Appeal to Utah Court of Appeals. (1) (a) As provided in this part: (i) a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A); (ii) a person who receives an adverse decision by a procurement appeals panel may appeal that decision; (iii) subject to Subsection (2), […]
Section 1901 – Title.
63G-6a-1901. Title. This part is known as “General Provisions Related to Protest or Appeal.” Enacted by Chapter 347, 2012 General Session
Section 1704 – Discontinued appeal with prejudice, except as authorized.
63G-6a-1704. Discontinued appeal with prejudice, except as authorized. After notice of an appeal to the board is filed under Section 63G-6a-1702, no party may discontinue the appeal without prejudice, except as authorized by the procurement appeals panel appointed for the appeal. Amended by Chapter 445, 2013 General Session
Section 1705 – Factual determination of procurement appeals panel final and conclusive.
63G-6a-1705. Factual determination of procurement appeals panel final and conclusive. A determination of an issue of fact by a procurement appeals panel may not be overturned on appeal, unless the determination is arbitrary and capricious or clearly erroneous. Amended by Chapter 91, 2012 General SessionRenumbered and Amended by Chapter 347, 2012 General SessionAmended by Chapter […]
Section 1603 – Protest officer responsibilities and authority — Proceedings on protest — Effect of decision.
Effective 5/12/2020 63G-6a-1603. Protest officer responsibilities and authority — Proceedings on protest — Effect of decision. (1) After a protest is filed, the protest officer shall determine whether the protest is timely filed and complies fully with the requirements of Section 63G-6a-1602. (2) If the protest officer determines that the protest is not timely filed […]
Section 1701.5 – Definitions.
Effective 5/9/2017 63G-6a-1701.5. Definitions. As used in this part: (1) “Appointing officer” means: (a) the chair of the board; or (b) a designee of the chair who is not employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor’s protest. (2) “Protest appeal record” […]