(1)

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Terms Used In Utah Code 53-2d-505.5

  • Ambulance: means a ground, air, or water vehicle that:
         (2)(a) transports patients and is used to provide emergency medical services; and
         (2)(b) is required to obtain a permit under Section 53-2d-404 to operate in the state. See Utah Code 53-2d-101
  • Bureau: means the Bureau of Emergency Medical Services created in Section 53-2d-102. See Utah Code 53-2d-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Political subdivision: means :
         (25)(a) a city or town;
         (25)(b) a county;
         (25)(c) a special service district created under Title 17D, Chapter 1, Special Service District Act, for the purpose of providing fire protection services under Subsection 17D-1-201(9);
         (25)(d) a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts, for the purpose of providing fire protection, paramedic, and emergency services;
         (25)(e) areas coming together as described in Subsection Utah Code 53-2d-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) The bureau shall issue a request for proposal for non-911 services in a geographic service area if the bureau receives a request from a political subdivision under Subsection 53-2d-505.4(2)(d) to issue a request for proposal for non-911 services.
     (1)(b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall be solicited through a request for proposal and the provisions of this section.
     (1)(c)

          (1)(c)(i) Notice of the request for proposals shall be published:

               (1)(c)(i)(A) at least once a week for three consecutive weeks in a newspaper of general circulation published in the county; or
               (1)(c)(i)(B) if there is no such newspaper, then notice shall be posted for at least 20 days in at least five public places in the county; and
          (1)(c)(ii) in accordance with Section 45-1-101 for at least 20 days.
(2)

     (2)(a) Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiations.
     (2)(b)

          (2)(b)(i) Subsequent to the published notice, and prior to selecting an applicant, the department shall hold a presubmission conference with interested applicants for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
          (2)(b)(ii) The department shall allow at least 90 days from the presubmission conference for the proposers to submit proposals.
     (2)(c)

          (2)(c)(i) Subsequent to the presubmission conference, the department may issue addenda to the request for proposals.
          (2)(c)(ii) An addendum to a request for proposal shall be finalized and posted by the department at least 45 days before the day on which the proposal must be submitted.
     (2)(d) Offerors to the request for proposals shall be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals, and revisions may be permitted after submission and before a contract is awarded for the purpose of obtaining best and final offers.
     (2)(e) In conducting discussions, there shall be no disclosures of any information derived from proposals submitted by competing offerors.
(3)

     (3)(a)

          (3)(a)(i) The bureau may select an applicant approved by the bureau under Section 53-2d-504 to provide non-911 services by contract to the most responsible offeror as defined in Section 63G-6a-103.
          (3)(a)(ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the public, taking into consideration price and the evaluation factors set forth in the request for proposal.
     (3)(b) The applicants who are approved under Section 53-2d-504 and who are selected under this section may be the political subdivision responding to the request for competitive sealed proposals, or any other public entity or entities, any private person or entity, or any combination thereof.
     (3)(c) The bureau may reject all of the competitive proposals.
(4) In seeking competitive sealed proposals and awarding contracts under this section, the bureau:

     (4)(a) shall consider the public convenience and necessity factors listed in Subsections 53-2d-508(2) through (6);
     (4)(b) shall require the applicant responding to the proposal to disclose how the applicant will meet performance standards in the request for proposal;
     (4)(c) may not require or restrict an applicant to a certain method of meeting the performance standards, including:

          (4)(c)(i) requiring ambulance medical personnel to also be a firefighter; or
          (4)(c)(ii) mandating that offerors use fire stations or dispatch services of the political subdivision;
     (4)(d) shall require an applicant to submit the proposal:

          (4)(d)(i) based on full cost accounting in accordance with generally accepted accounting principals; and
          (4)(d)(ii) if the applicant is a governmental entity, in addition to the requirements of Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and in compliance with the State of Utah Legal Compliance Audit Guide; and
     (4)(e) shall set forth in the request for proposal:

          (4)(e)(i) the method for determining full cost accounting in accordance with generally accepted accounting principles, and require an applicant to submit the proposal based on such full cost accounting principles;
          (4)(e)(ii) guidelines established to further competition and provider accountability; and
          (4)(e)(iii) a list of the factors that will be considered by the department in the award of the contract, including by percentage, the relative weight of the factors established under this Subsection (4)(e), which may include:

               (4)(e)(iii)(A) response times;
               (4)(e)(iii)(B) staging locations;
               (4)(e)(iii)(C) experience;
               (4)(e)(iii)(D) quality of care; and
               (4)(e)(iii)(E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
(5) A license issued under this section:

     (5)(a) is for the exclusive geographic service area approved by the department;
     (5)(b) is valid for four years;
     (5)(c) is not subject to a request for license from another applicant under the provisions of Sections 53-2d-506 through 53-2d-509 during the four-year term, unless the applicant’s license is revoked under Section 53-2d-604;
     (5)(d) is subject to supervision by the department under Sections 53-2d-603 and 53-2d-604; and
     (5)(e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections 53-2d-506 through 53-2d-509.
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