Utah Code 63G-6a-2504. Process for an invitation to provide a human services procurement item — Open-ended invitations
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(1) As used in this section:
Terms Used In Utah Code 63G-6a-2504
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Department: means the Department of Health and Human Services. See Utah Code 63G-6a-2501
- Human services procurement item: means a procurement item used to provide services or support to a child, youth, adult, or family. 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
- 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
- Procurement item: means an item of personal property, a technology, a service, or a construction project. 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
- 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) “Invitation” means a solicitation or other request seeking qualified providers to enter a contract to provide a human services procurement item.(1)(b) “Open-ended invitation” means an invitation that does not provide for a set closing date.(1)(c) “Qualified provider” means a provider of a human services procurement item that meets the qualifications described in the invitation.(2) The department may contract with another person for a human services procurement item in accordance with the process described in this section.(3)(3)(a) The department may issue an invitation that includes:(3)(a)(i) a description of the human services procurement item the department is seeking to obtain;(3)(a)(ii)(3)(a)(ii)(A) the time period for which the invitation will remain open for applications; or(3)(a)(ii)(B) if the invitation is an open-ended invitation, a statement that there is no set closing date for the invitation;(3)(a)(iii) the requirements the department has established for the submission of an application;(3)(a)(iv) the payment rate or a description of the process for determining the payment rate for the human services procurement item;(3)(a)(v) the qualifications a provider is required to meet to be awarded a contract for the human services procurement item; and(3)(a)(vi) the required terms and conditions of a contract if awarded.(3)(b) The department shall publish the invitation in accordance with the notice requirements for a solicitation described in Section63G-6a-2506 .(3)(c) The department may:(3)(c)(i) provide for an indeterminate or specified time period for a provider to respond to the invitation;(3)(c)(ii) close an invitation if the need for additional providers for a human services procurement item no longer exists; or(3)(c)(iii) reissue an invitation after closing the invitation.(3)(d) The department may provide technical application assistance to a person applying in response to an invitation.(4)(4)(a) Upon receipt of an application submitted in response to an invitation, the department shall:(4)(a)(i) review the application to determine:(4)(a)(i)(A) the application’s compliance with the requirements referred to in Subsection (3)(a)(iii); and(4)(a)(i)(B) whether the person that submitted the application meets the qualifications referred to in Subsection (3)(a)(v);(4)(a)(ii) award a contract to a person:(4)(a)(ii)(A) whose application complies with the requirements referred to in Subsection (3)(a)(iii); and(4)(a)(ii)(B) that meets the qualifications referred to in Subsection (3)(a)(v); and(4)(a)(iii) reject an application if:(4)(a)(iii)(A) the application does not comply with the requirements referred to in Subsection (3)(a)(iii); or(4)(a)(iii)(B) the person that submitted the application does not meet the qualifications referred to in Subsection (3)(a)(v).(4)(b) If the department closes an invitation, the department may reject an application submitted before the invitation is closed.(4)(c) The department may allow a person to correct deficiencies in an application during the department’s review of the application under Subsection (4)(a).(5) If a person’s application is rejected under Subsection (4):(5)(a) the department shall notify the person of the rejection in writing; and(5)(b) the person may not reapply to the same invitation for at least 12 months after the day on which the rejection is issued.(6)(6)(a) The department may award a perpetual contract under this section if the contract is awarded pursuant to an open-ended invitation.(6)(b) Subsection (6)(a) does not prevent the department from terminating a perpetual contract, under terms established in the contract, if the open-ended invitation terminates.(7) The department may make rules to establish procedures to ensure the open enrollment invitation process described in this section is administered in an open and fair manner that provides any interested, qualified provider the ability to be awarded a contract.