5-Bid Protest Procedures.docx

Bid Protest Procedures The following provisions apply to all competitive bids or competitive requests for proposals.

1. Protests Protest O=icer The school’s Director is designated as the protest o=icer for the school, and as such will follow requirements outlined in 63G-6a-1603 and the rules defined in the Utah Administrative Code section R33-16.

Submitted in Writing

i. Any actual or prospective bidder, o=er or contractor who is aggrieved in connection with the solicitation or award of the contract may protest to the Director.

ii. A protest with respect to a standard procurement shall be submitted in writing prior to the opening of bids or the closing date for proposals unless the aggrieved person did not know or should not have known of the facts giving rise to the protest prior to bid opening or the closing date for proposals.

iii. The protest shall be submitted in writing within seven (7) calendar days after the aggrieved person knows or should have known of the facts giving rise to the protest.

iv. The Director has the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve the protest.

v. Failure to submit a timely protest shall constitute a waiver of such right (63G-6a-1602).

Stay of Proceedings In the event of a timely protest, the school shall not proceed further with the solicitation or with the award of the contract until all administrative and judicial remedies have been exhausted or until the Director makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the school.

Appeal of Decision Under provisions outlined in 63G-6a-1702, any person that has successfully submitted a protest under the above requirements may appeal to the Utah State Procurement Policy Board if a decision made by the protest o=icer is not in their favor.