Terms Used In Utah Code > Title 63G > Chapter 6a > Part 16 - Protests

• 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.
• Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
• Bidding process: means the procurement process described in Part 6, Bidding. See Utah Code 63G-6a-103
• Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. 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
• Contractor: means a person who is awarded a contract with a procurement unit. 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.
• Hearing: means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both. See Utah Code 63G-6a-1601.5
• Judicial procurement unit: means :
       (43)(a) the Utah Supreme Court;
       (43)(b) the Utah Court of Appeals;
       (43)(c) the Judicial Council;
       (43)(d) a state judicial district; or
       (43)(e) an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legislative procurement unit: means :
       (45)(a) the Legislature;
       (45)(b) the Senate;
       (45)(c) the House of Representatives;
       (45)(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
       (45)(e) a committee, subcommittee, commission, or other organization:

            (45)(e)(i) within the state legislative branch; or

            (45)(e)(ii)

                 (45)(e)(ii)(A) that is created by statute to advise or make recommendations to the Legislature;

                 (45)(e)(ii)(B) the membership of which includes legislators; and

                 (45)(e)(ii)(C) for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103
• Local government procurement unit: means :
       (47)(a) a county, municipality, interlocal entity, or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:

            (47)(a)(i) the county or municipality adopts a procurement code by ordinance;

            (47)(a)(ii) the interlocal entity adopts procurement rules or policies as provided in Subsection 11-13-226(2); or

            (47)(a)(iii) the project entity adopts a procurement code through the process described in Section 11-13-316;
       (47)(b)

            (47)(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and

            (47)(b)(ii) a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or
       (47)(c) a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that:

            (47)(c)(i) a term in the ordinance is used in the adopted chapter; or

            (47)(c)(ii) a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103
• Nonadopting local government procurement unit: means :
       (51)(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, General Provisions Related to Protest or Appeal; and
       (51)(b) each office or agency of a county or municipality described in Subsection (51)(a). See Utah Code 63G-6a-103
• Offeror: means a person who submits a proposal in response to a request for proposals. 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
• Protest appeal record: means :
       (3)(a) a copy of the protest officer's written decision;
       (3)(b) all documentation and other evidence the protest officer relied upon in reaching the protest officer's decision;
       (3)(c) the recording of the hearing, if the protest officer held a hearing;
       (3)(d) a copy of the protestor's written protest; and
       (3)(e) all documentation and other evidence submitted by the protestor supporting the protest or the protestor's claim of standing. See Utah Code 63G-6a-1601.5
• 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
• Public transit district: means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act. See Utah Code 63G-6a-103
• 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
• Rulemaking authority: means :
       (78)(a) for a legislative procurement unit, the Legislative Management Committee;
       (78)(b) for a judicial procurement unit, the Judicial Council;
       (78)(c)

            (78)(c)(i) only to the extent of the procurement authority expressly granted to the procurement unit by statute:

                 (78)(c)(i)(A) for the facilities division, the facilities division;

                 (78)(c)(i)(B) for the Office of the Attorney General, the attorney general;

                 (78)(c)(i)(C) for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation;

                 (78)(c)(i)(D) for the Department of Health and Human Services, the executive director of the Department of Health and Human Services; and

                 (78)(c)(i)(E) for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and

            (78)(c)(ii) for each other executive branch procurement unit, the board;
       (78)(d) for a local government procurement unit:

            (78)(d)(i) the governing body of the local government unit; or

            (78)(d)(ii) an individual or body designated by the local government procurement unit;
       (78)(e) for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter;
       (78)(f) for a state institution of higher education, the Utah Board of Higher Education;
       (78)(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education;
       (78)(h) for a public transit district, the chief executive of the public transit district;
       (78)(i) for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules:

            (78)(i)(i) with respect to a subject addressed by board rules; or

            (78)(i)(ii) that are in addition to board rules;
       (78)(j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education;
       (78)(k) for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees;
       (78)(l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees;
       (78)(m) for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or
       (78)(n) for any other procurement unit, the board. 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
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Uphold: The decision of an appellate court not to reverse a lower court decision.