No. 38697 (5-year Review): Rule R33-9. Cancellations, Rejections, and Debarment

DAR File No.: 38697
Filed: 07/08/2014 09:43:57 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Utah Procurement Code, Sections 63G-6a-902 and 63G-6a-903, authorizes this rule. Section 63G-6a-902 states: "(1) An issuing procurement unit may cancel an invitation for bids, a request for proposals, or other solicitation or reject any or all bids or proposal responses, in whole or in part, as may be specified in the solicitation, when it is in the best interests of the procurement unit in accordance with the rules of the applicable rulemaking authority. (2) The reasons for a cancellation or rejection described in Subsection (1) shall be made part of the contract file. Section 63G-6a-903 states: (1) A determination of nonresponsibility of a bidder or offeror made by an issuing procurement unit shall be made in writing, in accordance with the rules of the applicable rulemaking authority. (2) The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to the bidder or offeror. (3) Subject to Title 63G, Chapter 2, Government Records Access and Management Act, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of a procurement unit without prior written consent by the bidder or offeror."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received either opposing or supporting the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule needs to be continued because it establishes the procedures for cancellations, rejections, and debarment for bids, requests for proposals and other solicitations.

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]
• Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at [e-mail]
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [e-mail]

Effective:

07/08/2014

Authorized by:

Kent Beers, Director

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