4-G - Protest Information.docx

Request for Proposals for

[PORTFOLIO NAME]

Issued by the State of [Lead State] Solicitation Number: [#######]

Request for Proposals for

Sports Video Technology

Issued by the State of Utah and Alpine School District

Solicitation Number DL27-100

Attachment G

PROTEST INFORMATION

This attachment is intended to provide Offerors with an overview of the Lead Entity’s protest law, procedures, and requirements, which may be updated and amended without notice. Offerors filing a protest are wholly responsible for locating, understanding, and complying with protest law, procedures, and requirements in effect at the time of the protest.

This procurement is conducted by the State of Utah Division of Purchasing and General Services, on behalf of itself and co-Lead Entity Alpine School District. Protests arising from this solicitation or any resulting award are governed by the Utah Procurement Code, Utah Code Title 63G, Chapter 6a, Part 16 (Protests) and Part 17 (Procurement Appeals Board), and by the applicable Utah Administrative Code rules adopted under the Utah Procurement Code.

Standing to Protest. A protest may be filed only by a person who has standing and is aggrieved in connection with this procurement or the award of a contract. Utah Code § 63G-6a-1602(1). To have standing, the protestor must have suffered, or be about to suffer, an injury caused by the procurement unit’s conduct that is the sole reason the protestor is not, or is no longer, being considered for award, and a decision in the protestor’s favor must be likely to redress that injury and give the protestor a reasonable likelihood of being awarded a contract. Utah Code § 63G-6a-1601.5(5).

Deadlines. (a) A protest concerning the terms, conditions, specifications, or evaluation criteria of this solicitation may not be filed after the deadline for submitting proposals. Utah Code § 63G-6a-1602(2)(a). Offerors are considered to have constructive knowledge of all instructions, criteria, deadlines, and requirements contained in this solicitation. Utah Code § 63G-6a-1601.5(1). (b) A protest based on facts the protestor did not know, and did not have constructive knowledge of, before that deadline must be filed within seven days after the day the protestor first knew, or first had constructive knowledge of, those facts, whichever is earlier. Utah Code § 63G-6a-1602(2)(b). (c) These deadlines may not be modified. A person who does not file a protest within them may not protest the solicitation or award, or challenge it before an appeals panel, a court, or any other forum. Utah Code § 63G-6a-1602(3) and (7).

Form and Content of Protest. A protest must be filed in writing with the Protest Officer identified below and must include: (a) the protestor’s mailing address and email address; and (b) a concise statement of the facts and evidence showing that the protestor has been aggrieved in connection with this procurement, the grounds for the protest, and the protestor’s standing. Utah Code § 63G-6a-1602(4)(a).

Grounds for Protest. A protest will not be considered unless it contains facts and evidence that, if true, would establish: (a) a violation of the Utah Procurement Code or other applicable law or rule; (b) the procurement unit’s failure to follow a provision of this solicitation; (c) an error by the evaluation committee or the conducting procurement unit; (d) bias by the evaluation committee or an individual committee member, excluding a preference arising during evaluation because of how well a proposal meets the criteria in this solicitation; (e) a failure to correctly apply or calculate a scoring criterion; or (f) specifications in this solicitation that are unduly restrictive or unduly anticompetitive. Utah Code § 63G-6a-1602(4)(b).

Limits on Protests. A protest may not be based on a vague or unsubstantiated allegation. A protest may not request an explanation of the rationale or scoring of evaluation committee members, the disclosure of protected records or information beyond what the Utah Procurement Code provides, or other information, documents, or explanations not explicitly provided for in the Utah Procurement Code. Utah Code § 63G-6a-1602(5) and (6).

Protest Officer. Protests must be submitted in writing to the Protest Officer for this solicitation:

Dylan Latimer, State Contract Analyst Utah Division of Purchasing and General Services, Department of Government Operations dlatimer@utah.gov 801-957-7104 Protest Process. The Protest Officer will first determine whether the protest is timely and complies with Utah Code § 63G-6a-1602. A protest that does not will be dismissed without a hearing. For a timely and compliant protest, the Protest Officer will dismiss the protest, uphold it, or hold a hearing if there is a genuine issue of material fact or law, and will issue a written decision stating the reasons. Utah Code § 63G-6a-1603(1) through (6). If no written decision is issued within 30 calendar days after the protest is filed, or a longer period agreed to by the parties, the protestor may proceed as if an adverse decision had been received. Utah Code § 63G-6a-1603(9).

Appeal. The Protest Officer’s decision is final and conclusive unless the protestor files an appeal under Utah Code § 63G-6a-1702. Utah Code § 63G-6a-1603(8). Appeals are governed by Utah Code Title 63G, Chapter 6a, Part 17, including the time for filing an appeal and the security deposit or bond required under Utah Code § 63G-6a-1703.

Offerors are directed to Utah Code § 63G-6a-1903 regarding the effect of a timely protest or appeal on this procurement.

This summary is provided for informational purposes only and does not replace the law. Offerors are solely responsible for reviewing Utah Code Title 63G, Chapter 6a, Parts 16 through 19, and the applicable Utah Administrative Code rules in effect at the time of filing, together with any nonconflicting supplemental procurement rules adopted by Alpine School District’s board, before filing a protest. The current text of the Utah Code is available at le.utah.gov.

Page 2 of 9 – Attachment [X], RFP TERMS AND CONDITIONS

ATTACHMENT G, PROTEST INFORMATION

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