1. (1) A person may contest the notice of intent to award a contract without engaging in a standard procurement process before the closing of the public notice period set forth in Section 63G-6a-112 by submitting the following information in writing to the procurement official:

   1. (a) the name of the contesting person; and

   2. (b) a detailed explanation of the contest, including documentation that:

      1. (i) there are other competing sources for the procurement item;
      2. (ii) transitional costs are not significant, unreasonable, or cost-prohibitive; or
      3. (iii) a standard procurement process is in the best interest of the conducting procurement unit.

2. (2) Upon receipt of a contest of an award of a contract without engaging in a standard procurement process, the procurement official shall conduct an investigation to determine the validity of the contest and make a written determination either supporting or denying the contest.

   1. (a) If a contest is upheld, the procurement unit shall conduct a standard procurement process for the procurement item being considered or cancel the procurement;
   2. (b) If a contest is not upheld, the procurement unit may proceed with awarding a contract without engaging in a standard procurement process.
3. (3) A vendor's right to file a protest under Title 63G, Chapter 6a; Part 16, Protests, is not waived by a vendor's actions to contest a procurement unit's notice of intent to award a contract without engaging in a standard procurement process under Section R33-108-101f.

KEY: government purchasing, Utah procurement rules, general procurement provisions, definitions

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1); 63G-6a-802.3(5)