Section 120 – Rejecting a solicitation response.

• (1) A procurement unit may reject a solicitation response if:
  • (a) the solicitation response:
    • (i) is not responsive;
    • (ii) violates a requirement of the solicitation; or
    • (iii) is not submitted before the deadline specified in the solicitation;
  • (b) the vendor who submitted the solicitation response:
    • (i) is not responsible;
    • (ii) is in violation of a provision of this chapter;
    • (iii) has had a previous contract with the procurement unit canceled;
    • (iv) has engaged in unethical conduct;
    • (v) is subject to an outstanding tax lien; or
    • (vi) fails to sign a contract awarded as a result of the solicitation response within:
      • (A) 90 days after the contract award, if the solicitation does not specify a deadline for the signing of the contract; or
      • (B) the time specified in the solicitation, if the solicitation specifies a deadline for the signing of the contract; or
  • (c) after the vendor submits a solicitation response there is a change in the vendor’s circumstances that, if known at the time the solicitation response was submitted, would have caused the procurement unit to reject the solicitation response.

• (2) A procurement unit that rejects a solicitation response under Subsection (1) shall provide the vendor who submitted the rejected solicitation response a written statement of the reasons for the rejection.

Enacted by Chapter 257, 2020 General Session