DAR File No. 38516

Administrative Services, Purchasing and General Services

Rule R33-18

Appeal to the Utah Court of Appeals

Notice of Proposed Rule

(New Rule)

DAR File No.: 38516
Filed: 05/13/2014 01:41:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this rule is to provide the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. 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, Title 63G, Chapter 6a, 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 purpose of this rule is to provide the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. This rule is being established to comply with the provisions of the Utah Procurement Code, Title 63G, Chapter 6a, 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 budget will not be affected, because this rule simply provides the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. 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 the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. 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 the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. 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 the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. 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 the protest appeal procedures when a person or procurement unit is appealing a decision issued by a procurement appeals panel. 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 [email protected]
• Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at [email protected]
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [email protected]

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

R33. Administrative Services, Purchasing and General Services.

R33-18. Appeal to the Utah Court of Appeals.

R33-18-101. Process.

(1) A person who receives an adverse decision, or a procurement unit, may appeal a decision of a procurement appeals panel to the Utah Court of Appeals within seven days after the day on which the decision is issued.

(2) All appeals to the Utah Court of Appeals are subject to the provisions of the requirements set forth in Section 63G-6a-1801 through 63G-6a-1803. 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.

 

R33-18-201. Appeals by Procurement Units -- Limitations.

A procurement unit may only appeal a procurement appeals panel decision in accordance with Section 63G-6a-1802(2).

 

KEY: appeals, protests, Utah Court of Appeals

Date of Enactment or Last Substantive Amendment: 2014

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