(1) As used in this section, “contract price”:

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Terms Used In Utah Code 63G-6a-1206.5

  • Bidding process: means the procurement process described in Part 6, Bidding. See Utah Code 63G-6a-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
  • Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103
  • 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
  • Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
  • Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
  • Solicitation response: means :
         (84)(a) a bid submitted in response to an invitation for bids;
         (84)(b) a proposal submitted in response to a request for proposals; or
         (84)(c) a statement of qualifications submitted in response to a request for statement of qualifications. See Utah Code 63G-6a-103
     (1)(a) means the price under an existing contract between a procurement unit and a contractor; and
     (1)(b) does not include a proposed price or cost contained in a solicitation response or any other bid, proposal, or offer submitted by a person other than the contractor under the existing contract.
(2) A contractor may:

     (2)(a) increase the contract price only in accordance with the terms of the contract; and
     (2)(b) subject to Subsection (3), lower the contract price at any time during the time a contract is in effect.
(3) A contractor under a multiple award contract resulting from a bidding process may not lower the contract price unless the contractor’s solicitation response that led to the contract award was the lowest price solicitation response.