DAR File No. 38515

This rule was published in the June 1, 2014, issue (Vol. 2014, No. 11) of the Utah State Bulletin.


Administrative Services, Purchasing and General Services

Rule R33-17

Procurement Appeals Board

Notice of Proposed Rule

(New Rule)

DAR File No.: 38515
Filed: 05/13/2014 01:35:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this rule is to provide requirements and procedures for protest decision appeals to the Procurement Appeals Board, and shall be used in conjunction with the Utah Procurement Code, Title 63G, Chapter 6a. The reason for the new rule is because the Division of Purchasing and General Services is updating their rules to comply with the Utah Procurement Code, and to match recent legislation (S.B. 179 of the 2014 General Legislative Session, including S.B. 190 from the 2013 General Legislative Session, and S.B. 153 from the 2012 General Legislative Session).

Summary of the rule or change:

This rule provides requirements and procedures for protest decision appeals to the Procurement Appeals Board, and shall be used in conjunction with the Utah Procurement Code, Title 63G, Chapter 6a. This rule is being established to comply with the Utah Procurement Code, and to match recent legislation.

State statutory or constitutional authorization for this rule:

  • Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

The state's budget will not be affected, because this rule simply provides additional statutory requirements and procedures for protest decision appeals to be used in conjunction with the Utah Procurement Code. If there is any impact, it is created by the statute. This rule merely implements the statute.

local governments:

Local governments' budgets will not be affected, because this rule simply provides requirements and procedures for protest decision appeals to the Procurement Appeals Board, and shall be used in conjunction with the Utah Procurement Code. If there is any impact, it is created by the statute. This rule merely implements the statute.

small businesses:

Small businesses' budgets will not be affected, because this rule simply provides requirements and procedures for protest decision appeals to the Procurement Appeals Board, and shall be used in conjunction with the Utah Procurement Code. If there is any impact, it is created by the statute. This rule merely implements the statute.

persons other than small businesses, businesses, or local governmental entities:

No other person's budget will be affected, because this rule simply provides requirements and procedures for protest decision appeals to the Procurement Appeals Board, and shall be used in conjunction with the Utah Procurement Code. If there is any impact, it is created by the statute. This rule merely implements the statute.

Compliance costs for affected persons:

There are no compliance costs for any person, because this rule simply provides requirements and procedures for protest decision appeals to the Procurement Appeals Board, and shall be used in conjunction with the Utah Procurement Code. If there is any impact, it is created by the statute. This rule merely implements the statute.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. If there is any impact, it is created by the statute. This rule merely implements the statute.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
  • Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov
  • Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2014

This rule may become effective on:

07/08/2014

Authorized by:

Kent Beers, Director

RULE TEXT

R33. Administrative Services, Purchasing and General Services.

R33-17. Procurement Appeals Board.

R33-17-101. Statutory Requirements.

Appeals to a protest decision shall be conducted in accordance with the requirements set forth in Section 63G-6a-1701 through 63G-6a-1706, Utah Procurement Code. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code. All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

 

R33-17-102. Verification of Legal Authority.

A person filing an appeal to a protest decision may be asked to verify that the person has legal authority to file an appeal on behalf of the public or private corporation, governmental entity, sole proprietorship, partnership, or unincorporated association.

 

R33-17-103. Conduct of the Hearing.

The Chair of the panel shall conduct the hearing, including:

(a) establishing time limits;

(b) determining who may address the panel and who may ask a question;

(c) requiring legal memorandum or points and authorities; and

(d) determining other procedural matters.

 

R33-17-104. Expedited Proceedings.

A proceeding before the panel may be expedited as follows:

(a) The panel may, upon written notice to all parties, hold a pre-proceeding conference for the purpose of formulating and simplifying the issues or any other matter that assists with the proceeding. A person participating in a pre-proceeding conference on behalf of each party shall have authority to negotiate and agree to settlement of the dispute.

(b) Any party may request a pre-proceeding conference in an effort to expedite the proceeding. Upon such a request to expedite the proceeding, the Panel shall consider any expedited process that considers the needs to expedite the proceeding while assuring that the due process rights of all parties are protected.


R33-17-105. Electronic Participation.

Any panel member or participant may participate electronically by:

(a) notifying the Chair of the Panel at least 24 hours in advance of the proceeding;

(b) the Chair of the Panel will allow such electronic participation provided that the electronic means for such participation, by phone, computer or otherwise, is available at the location; and

(c) the electronic means allows other members of the Panel and other participants to hear the person or persons participating electronically.


KEY: hearings, Procurement Appeals Board, verification of legal authority

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 63G-6a



Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov; Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov; Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.