Utah Code § 63G-6a-1602 — Utah Code / Title 63G / Chapter 63G-6a / § 63G-6a-1602
§ 63G-6a-1602. Protest -- Time for filing -- Basis of protest -- Authority to resolve protest.
Status: in_force

(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.