No. 38978 (Amendment): Section R33-16-401. Protest Officer May Correct Noncompliance, Errors and Discrepancies

(Amendment)

DAR File No.: 38978
Filed: 11/24/2014 03:27:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to continue the update of this rule by adding a new section.

Summary of the rule or change:

The new section addresses the ability to take administrative action to correct or amend a procurement to bring it into compliance.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

There is no anticipated fiscal impact. This simply allows the ability to take a non-compliant procurement and correct any errors or discrepancies or ultimately cancel the procurement.

local governments:

There is no anticipated fiscal impact. This simply allows the ability to take a non-compliant procurement and correct any errors or discrepancies or ultimately cancel the procurement.

small businesses:

There is no anticipated fiscal impact. This simply allows the ability to take a non-compliant procurement and correct any errors or discrepancies or ultimately cancel the procurement.

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

There is no anticipated fiscal impact. This simply allows the ability to take a non-compliant procurement and correct any errors or discrepancies or ultimately cancel the procurement.

Compliance costs for affected persons:

There is no anticipated fiscal impact. This simply allows the ability to take a non-compliant procurement and correct any errors or discrepancies or ultimately cancel the procurement.

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

This rule does not have a fiscal impact on businesses.

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 [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:

01/14/2015

This rule may become effective on:

01/21/2015

Authorized by:

Kent Beers, Director

RULE TEXT

R33. Administrative Services, Division of Purchasing and General Services.

R33-16. Controversies and Protests.

R33-16-401. Protest Officer May Correct Noncompliance, Errors and Discrepancies.

(1) At any time during the protest process, if it is discovered that a procurement is out of compliance with any part of the Utah Procurement Code or Administrative Rules established by the applicable rule making authority, including errors or discrepancies, the protest officer, chief procurement officer, or head of a procurement unit with independent procurement authority, may take administrative action to correct or amend the procurement to bring it into compliance, correct errors or discrepancies or cancel the procurement.

 

KEY: conduct, controversies, government purchasing, protests

Date of Enactment or Last Substantive Amendment: [July 8, 2014]2015

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

 

 

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