UT Code § 63G-6a-1602 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 16 - Protests|Section 1602 - Protest -- Time for filing -- Basis of protest -- Authority to resolve protest.

 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