R23-1-1901. Encouraged to Obtain Legal Advice From Legal Counsel

  (1) All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

  (2) Part 19 of the Utah Procurement Code, Sections 63G-6a-901 through 63G-6a-1911 contain provisions regarding:

  (a) limitations on challenges of:

  (i) a procurement;

  (ii) a procurement process;

  (iii) the award of a contract relating to a procurement;

  (iv) a debarment; or

  (v) a suspension; and

  (b) the effect of a timely protest or appeal;

  (c) the costs to or against a protester;

  (d) the effect of prior determinations by employees, agents, or other persons appointed by the procurement unit;

  (e) the effect of a violation found after award of a contract;

  (f) the effect of a violation found prior to the award of a contract;

  (g) interest rates; and

  (h) a listing of determinations that are final and conclusive unless they are arbitrary and capricious or clearly erroneous.

  (3) Due to the complex nature of protests and appeals, any person involved in the procurement process, protest or appeal, is encouraged to seek advice from the person's own legal counsel.