No. 32255 (New Rule): R277-117. Utah State Board of Education ProtectedDocuments

DAR File No.: 32255
Filed: 12/30/2008, 01:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide for a protected process to ensure efficient, confidential, and fair development of request for proposals (RFPs) within the Utah State Office of Education (USOE).

Summary of the rule or change:

This new rule provides definitions, procedures in preparing and releasing RFPs, and RFP-like proposals or grants, and procedures for maintaining the fairness and confidentiality of RFP and RFP-like proposals or grants prior to release by the USOE.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The new procedures and process merely provide for confidentiality of RFP and RFP-like proposals or grants for which the USOE is responsible prior to release by the USOE. The development process does not require separate funding.

local governments:

There are no anticipated costs or savings to local government. This new rule provides procedures for confidentiality of RFPs and RFP-like proposals or grants which do not require any costs to school districts or schools.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. Procedures in place for ensuring confidentiality of RFPs and RFP-like proposals or grants do not add costs or save money for small businesses AND persons other than businesses.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The procedures for maintaining a confidential and fair process for the development of RFPs and RFP-like proposals or grants does not involve any costs.

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

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

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

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

02/17/2009

This rule may become effective on:

02/24/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-117. Utah State Board of Education Protected Documents.

R277-117-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Request for proposal or RFP" means an official application or offer for services provided to the Board/USOE in response to an advertised opportunity to provide goods or services.

C. "RFP-like document" means a grant application or a proposal of any kind offered in response to a Board request for applicants to provide goods or services to public education.

D. "USOE" means the Utah State Office of Education.

 

R277-117-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Section 53A-1-402(c) which requires the Board to set minimum standards for alternative and pilot programs, Section 53A-1-402(c)(iv) which requires the Board to set minimum standards for curriculum and instruction requirements, Section 53A-1-402(e)(i) which requires the Board to set minimum standards for school productivity and cost effectiveness measures, Section 63G-2-305(6) which allows the Board to protect records if the disclosure would impair government procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity consistent with other provisions of Section 63G-2-305 and Section 63G-2-309, and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purposes of this rule:

(1) is to maintain fairness, objectivity, efficiency and timeliness, as the Board fulfills constitutional and statutory directives to and responsibilities for Utah public schools and public school programs.

(2) to protect the integrity of proposal or bidding processes in order to provide fair and equal opportunities for vendors and service providers.

 

R277-117-3. Board Procedures in Preparing and Releasing RFP and RFP-like Proposals or Grants.

A. The Board or USOE staff acting for the Board shall act consistent with Section 63G-6-101 et seq. in advertising and soliciting services for Utah public schools unless the Board is specifically exempt from the procurement process in which case the Board shall continue to protect the integrity of a competitive process with the provisions of this rule.

B. The Board shall develop RFPs or RFP-like requests using the plain language of state statute(s) or federal regulation(s) that directs the Board to seek competitive or non-competitive applications or proposals for services that are funded through a public education appropriation to the Board.

C. The USOE, acting for the Board, shall use legislative intent to develop RFPs or RFP-like requests only when legislative intent is specifically written in state law, is passed by the State Legislature and is specific to the RFP in development.

D. The Board may request written information from legislators or legislative staff to explain the intent of individual bill sponsors; all written information received under this section shall be public information.

E. Board members or USOE staff may seek at the Board's or staff's sole discretion, additional information and expertise to facilitate the development of an RFP. All information gathered under this provision shall be public information, including the source of the information.

F. The Board may allow for public comment at Board meetings or Board committee meetings to discuss the legislative intent for RFPs.

 

R277-117-4. Confidentiality of RFP and RFP-like Proposals or Grants Prior to Release by the USOE.

A. The RFP or RFP-like proposal shall be a protected document under Section 63G-2-305(22) until the proposal is released by the USOE or a commercial distributor of an RFP specifically commissioned by the USOE.

B. USOE staff shall stamp or mark all draft RFP documents DRAFT until the final version of an RFP or RFP-like document is officially released for public review and response.

C. If an RFP process for which the Board is responsible is compromised, as determined by a vote of the Board if necessary, the proposal shall be void and the USOE shall begin a new RFP process.

D. A USOE employee who intentionally violates the provisions of this rule may be subject to employment discipline up to and including termination.

 

KEY: RFPs, grants, confidentiality

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 53A-1-402(c); 53A-1-402(c)(iv); 53A-1-402(e)(i); 53A-1-401(3)