1. (1) This rule applies to protests filed under Section 63G-6a-1602.

2. (2) In accordance with the requirements in Section 63G-6a-1602, a person filing a protest must include a concise statement of the grounds upon which the protest is made.

   1. (a) A concise statement of the grounds for a protest must include the relevant facts and evidence leading the protestor to contend that a grievance has occurred, including:

      1. (i) an alleged violation of Title 63G, Chapter 6a, Utah Procurement Code;
      2. (ii) an alleged violation of Title R33 or other applicable rule;
      3. (iii) a provision of the solicitation allegedly not being followed;

      4. (iv) a provision of the solicitation alleged to be:

         1. (A) ambiguous;
         2. (B) confusing;
         3. (C) contradictory;
         4. (D) unduly restrictive;
         5. (E) erroneous;
         6. (F) anticompetitive; or
         7. (G) unlawful;
      5. (v) an alleged error made by the evaluation committee or procurement unit;
      6. (vi) an allegation of bias or discrimination by officials representing the procurement unit or the evaluation committee or an individual committee member; or
      7. (vii) a scoring criterion allegedly not being correctly applied or calculated.
   2. (b) "Relevant Facts and Evidence" as referred to in Section 63G-6a-1602, must be specific enough to enable the Protest Officer to determine, if such facts and evidence are proven to be true, whether a legitimate basis for the protest exists.

   3. (c) None of the following qualify as a concise statement of the grounds for a protest:

      1. (i) claims made after the applicable deadlines set forth in law, rule, or the solicitation document, that the specifications, terms and conditions, or other elements of a solicitation are ambiguous, confusing, contradictory, unduly restrictive, erroneous, or anticompetitive;

      2. (ii) vague or unsubstantiated claims or allegations that do not reference specific facts and evidence including vague or unsubstantiated claims or allegations such as:

         1. (A) the protestor should have received a higher score;
         2. (B) another vendor should have received a lower score;
         3. (C) a service or product provided by a protestor is better than another vendor's service or product;
         4. (D) another vendor cannot provide the procurement item for the price bid or perform the services described in the solicitation;
         5. (E) the procurement unit's eProcurement system or other electronic procurement system:
         6. (I) was slow, not operating properly, or was difficult to use or understand;
         7. (II) could not be accessed or did not allow documents to be downloaded; or
         8. (III) did not allow a response to be submitted after the deadline for receiving responses expired;
         9. (F) the protestor did not receive individual notice of a solicitation or was otherwise unaware of a solicitation when a procurement unit has complied with the public notice requirement in Section 63G-6a-112; or
         10. (G) officials representing the procurement unit or the evaluation committee or an individual committee member acted in a biased or discriminatory manner against the protestor;

      3. (iii) filing a protest requesting:

         1. (A) a detailed explanation of the thinking and scoring of evaluation committee members, beyond the written statement described in Section 63G-6a-707;
         2. (B) protected information beyond what is provided under Title 63G, Chapter 6a, Utah Procurement Code; or
         3. (C) other information, documents, or explanations reasonably considered not in compliance with the Utah Procurement Code or this rule by the Protest Officer.
3. (3) In accordance with Section 63G-6a-1603, a Protest Officer may dismiss a protest if the concise statement of the grounds for filing a protest does not comply with Title 63G, Chapter 6a, Part 16, Protests, or this rule.

KEY: conduct, controversies, government purchasing, protests

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1); 63G-6a-16