Terms Used In Utah Code 63G-6a-1602

• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Bidding process: means the procurement process described in Part 6, Bidding. See Utah Code 63G-6a-103
• Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement:
       (10)(a) except:

            (10)(a)(i) reviewing a solicitation to verify that it is in proper form; and

            (10)(a)(ii) causing the publication of a notice of a solicitation; and
       (10)(b) including:

            (10)(b)(i) preparing any solicitation document;

            (10)(b)(ii) appointing an evaluation committee;

            (10)(b)(iii) conducting the evaluation process, except the process relating to scores calculated for costs of proposals;

            (10)(b)(iv) selecting and recommending the person to be awarded a contract;

            (10)(b)(v) negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and

            (10)(b)(vi) contract administration. 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
• Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. 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
• Protest officer: means :
       (61)(a) for the division or an independent procurement unit:

            (61)(a)(i) the procurement official;

            (61)(a)(ii) the procurement official's designee who is an employee of the procurement unit; or

            (61)(a)(iii) a person designated by rule made by the rulemaking authority; or
       (61)(b) for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103
• Protestor: means a person who files a protest under this part. See Utah Code 63G-6a-1601.5
• Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. See Utah Code 63G-6a-103
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Standard procurement process: means :
       (88)(a) the bidding process;
       (88)(b) the request for proposals process;
       (88)(c) the approved vendor list process;
       (88)(d) the small purchase process; or
       (88)(e) the design professional procurement process. See Utah Code 63G-6a-103
• Standing: means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:
       (5)(a) the cause of the injury or harm is:

            (5)(a)(i) an infringement of the protestor's own right and not the right of another person who is not a party to the procurement;

            (5)(a)(ii) reasonably connected to the procurement unit's conduct; and

            (5)(a)(iii) the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;
       (5)(b) a decision on the protest in favor of the protestor:

            (5)(b)(i) is likely to redress the injury or harm; and

            (5)(b)(ii) would give the protestor a reasonable likelihood of being awarded a contract; and
       (5)(c) the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest. See Utah Code 63G-6a-1601.5