Section 1602 - Protest - Time for filing - Basis of protest - Authority to resolve protest. - US Lawyer Database

Effective 5/9/2017
63G-6a-1602. Protest — Time for filing — Basis of protest — Authority to resolve protest.

(1) A protest may be filed with the protest officer by a person who:
- (a) has standing; and
- (b) is aggrieved in connection with a procurement or an award of a contract.

(2) A protest may not be filed after:
- (a)
  - (i)
    - (A) the opening of bids, for a protest relating to a procurement under a bidding process; or
    - (B) the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or
  - (ii) the closing of the procurement stage that is the subject of the protest:
    - (A) if the protest relates to a multiple-stage procurement; and
    - (B) notwithstanding Subsections (2)(a)(i)(A) and (B); or
- (b) the day that is seven days after the day on which the person knows or first has constructive knowledge of the facts giving rise to the protest, if:
  - (i) the protestor did not know and did not have constructive knowledge of the facts giving rise to the protest before:
    - (A) the opening of bids, for a protest relating to a procurement under a bidding process;
    - (B) the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or
    - (C) the closing of the procurement stage that is the subject of the protest, if the protest relates to a multiple-stage procurement; or
  - (ii) the protest relates to a procurement process not described in Subsection (2)(a).

(3) A deadline under Subsection (2) for filing a protest may not be modified.

(4)
- (a) A protestor shall include in a protest:
  - (i) the protestor’s mailing address and email address; and
  - (ii) a concise statement of the facts and evidence:
    - (A) leading the protestor to claim that the protestor has been aggrieved in connection with a procurement and providing the grounds for the protestor’s protest; and
    - (B) supporting the protestor’s claim of standing.
- (b) A protest may not be considered unless it contains facts and evidence that, if true, would establish:
  - (i) a violation of this chapter or other applicable law or rule;
  - (ii) the procurement unit’s failure to follow a provision of a solicitation;
  - (iii) an error made by an evaluation committee or conducting procurement unit;
  - (iv) a bias exercised by an evaluation committee or an individual committee member, excluding a bias that is a preference arising during the evaluation process because of how well a solicitation response meets criteria in the solicitation;
  - (v) a failure to correctly apply or calculate a scoring criterion; or
  - (vi) that specifications in a solicitation are unduly restrictive or unduly anticompetitive.

(5) A protest may not be based on:
- (a) the rejection of a solicitation response due to a protestor’s failure to attend or participate in a mandatory conference, meeting, or site visit held before the deadline for submitting a solicitation response;
- (b) a vague or unsubstantiated allegation; or
- (c) a person’s claim that:
  - (i) a procurement unit that complied with Section 63G-6a-112 did not provide individual notice of a solicitation to the person; or
  - (ii) the person received late notice of a solicitation for which notice was provided in accordance with Section 63G-6a-112.

(6) A protest may not include a request for:
- (a) an explanation of the rationale or scoring of evaluation committee members;
- (b) the disclosure of a protected record or protected information in addition to the information provided under the disclosure provisions of this chapter; or
- (c) other information, documents, or explanations not explicitly provided for in this chapter.

(7) A person who fails to file a protest within the time prescribed in Subsection (2) may not:
- (a) protest to the protest officer a solicitation or award of a contract; or
- (b) file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum.

(8) Subject to the applicable requirements of Section 63G-10-403, a protest officer or the head of a procurement unit may enter into a settlement agreement to resolve a protest.

Amended by Chapter 348, 2017 General Session