DAR File No. 41553

Administrative Services, Purchasing and General Services

Section R33-19-101

Encouraged to Obtain Legal Advice From Legal Counsel

Notice of Proposed Rule

(Amendment)

DAR File No.: 41553
Filed: 04/27/2017 03:59:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to remove an unnecessary code reference.

Summary of the rule or change:

The change to this rule removes an unnecessary reference to specific sections of Part 19 of the Utah Procurement Code because Part 19 is already referenced in the rule.

Statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget as a result of the change to this rule. The change simply removes a redundant code citation.

local governments:

There are no anticipated costs or savings to local government as a result of the change to this rule. The change simply removes a redundant code citation.

small businesses:

There are no anticipated costs or savings to small businesses as a result of the change to this rule. The change simply removes a redundant code citation.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the change to this rule. The change simply removes a redundant code citation.

Compliance costs for affected persons:

There are no anticipated costs to affected persons as a result of the change to this rule. The change simply removes a redundant code citation.

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

I have reviewed the change to this rule, and I believe that there is no potential for fiscal impact on businesses as a result of the change to this rule. The change simply removes a redundant code citation.

Jared Gardner, Procurement Policy Board Chair

The full text of this rule may be inspected, during regular business hours, at the Office 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
• Kent Beers at the above address, by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov
• Jared Gardner at the above address, by phone at 385-646-4561, by FAX at , or by Internet E-mail at jbgardner@graniteschools.org
• Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at srudas@utah.gov
• Fay Tan at the above address, by phone at 801-538-3524, by FAX at , or by Internet E-mail at ftan@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:

06/14/2017

This rule may become effective on:

06/21/2017

Authorized by:

Kent Beers, Director

R33. Administrative Services, Purchasing and General Services.

R33-19. General Provisions Related to Protest or Appeal.

R33-19-101. Encouraged to Obtain Legal Advice From Legal Counsel.

(1) 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.

(2) Part 19 of the Utah Procurement Code[, Sections 63G-6a-901 through 63G-6a-1911] contain s provisions regarding:

(a) limitations on challenges of:

(i) a procurement;

(ii) a procurement process;

(iii) the award of a contract relating to a procurement;

(iv) a debarment; or

(v) a suspension; and

(b) the effect of a timely protest or appeal;

(c) the costs to or against a protester;

(d) the effect of prior determinations by employees, agents, or other persons appointed by the procurement unit;

(e) the effect of a violation found after award of a contract;

(f) the effect of a violation found prior to the award of a contract;

(g) interest rates; and

(h) a listing of determinations that are final and conclusive unless they are arbitrary and capricious or clearly erroneous.

(3) Due to the complex nature of protests and appeals, any person involved in the procurement process, protest or appeal, is encouraged to seek advice from the person's own legal counsel.

 

KEY: appeals, protests, general provisions, procurement code

Date of Enactment or Last Substantive Amendment: [July 8, 2014]2017

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