R657-55-4. Obtaining Authority to Distribute Wildlife Expo Permit Series

  (1)(a) Except as provided in Subsection (b), the wildlife expo permit series is issued for a period of five years.

  (b) The original five-year term may be renewed for an additional period not to exceed five years, provided:

  (i) the conservation organization, Division of Purchasing and General Services procurement officer, Wildlife Board, and division mutually agree in writing to the renewal term; and

  (ii) the procurement officer determines in writing pursuant to Section 63G-6a-1204(7) that the renewal term is in the division's best interest and places the writing in the conservation organization's procurement file.

  (2)(a) The wildlife expo permit series is available to eligible conservation organizations for distribution through a drawing or other random selection process held at a wildlife exposition in Utah open to the public.

  (b) The division may unilaterally discontinue or suspend issuing the wildlife expo permit series at:

  (i) the conclusion of the original five-year contract term or renewal term described in Subsection (1) and prior to issuance of a contract under this rule; or

  (ii) any time during the term of a contract when in the interest of wildlife conservation, management, or compliance with law.

  (3) Prior to expiration of a current wildlife exposition term or renewal term, the division may issue through the Division of Purchasing and General Services a request for proposal consistent with the Procurement Code in Title 63G, Chapter 6a of the Utah Code to solicit bids from conservation organizations desiring to distribute the wildlife expo permit series at a wildlife exposition.

  (4) The request for proposal will solicit information relevant to successfully conducting a wildlife exposition, competently distributing the expo permit series, protecting confidential personal information acquired in distributing permits, and generating revenue for wildlife conservation in Utah, including:

  (a) the name, address and telephone number of the conservation organization;

  (b) a description of the conservation organization's mission statement;

  (c) documentation establishing the conservation organization meets the definitional criteria in R657-55-2(2)(a) and is eligible to submit a proposal;

  (d) the name of the president or other individual responsible for the administrative operations of the conservation organization;

  (e) a detailed business plan describing how the:

  (i) proposed wildlife exposition will take place;

  (ii) proposed wildlife exposition will satisfy the definitional criteria in R657-55-2(2)(c);

  (iii) wildlife expo permit drawing procedures will be carried out; and

  (iv) confidential personal information acquired in the drawing process will be safeguarded;

  (f) the conservation organization and any partnering entities' ability, including past performance in marketing conservation permits under R657-41, to effectively plan and complete the wildlife exposition;

  (g) the conservation organization's commitment to use expo permit handling fee revenue to benefit protected wildlife in Utah; and

  (h) historical contributions of the conservation organization and any partnering entities to the conservation of wildlife in Utah.

  (5) Proposals submitted in response to a request for proposal under Subsection (4) will be processed, evaluated, and acted upon consistent with the procurement requirements set forth in Title 63G, Chapter 6a of the Utah Code.

  (6) The conservation organization receiving the wildlife expo permit series must:

  (a) require each wildlife expo permit applicant to possess a current Utah hunting or combination license before applying for a wildlife expo permit;

  (b) select successful applicants for wildlife expo permits by drawing or other random selection process in accordance with law, provisions of this rule, and orders of the Wildlife Board;

  (c) allow applicants to apply for wildlife expo permits without purchasing admission to the wildlife exposition;

  (d) notify the division of the successful applicant of each wildlife expo permit within 10 days of the applicant's selection;

  (e) maintain records demonstrating that the drawing was conducted fairly; and

  (f) submit to an annual wildlife exposition audit by a division appointed auditor.

  (7) The division shall issue the appropriate wildlife expo permit to the designated successful applicant after:

  (a) completion of the random selection process;

  (b) verification of the recipient being eligible for the permit; and

  (c) payment of the appropriate permit fee is received by the division.

  (8) The division and the conservation organization receiving the wildlife expo permit series will enter into a contract with terms that include the relevant provisions in this rule, the request for proposal, and the conservation organization's proposal.

  (9) If the conservation organization awarded the wildlife expo permit series withdraws before the end of the 5-year period or any extension period under R657-55-4(1)(b), any remaining co-participant with the conservation organization may assume the contract and distribute the expo permit series consistent with the contract and this rule for the remaining years in the applicable period, provided:

  (a) The original contracted conservation organization submits a certified letter to the head of the procurement unit, as defined in Section 63G-6a-103, and the division identifying that it will no longer be participating in the exposition;

  (b) The co-participant conservation organization submits a request with the head of the procurement unit and the division for authorization to assume the remaining term of the contract ; and

  (c) the head of the procurement unit, in consultation with the division and Wildlife Board, approves the application.

  (10) The division may suspend or terminate the conservation organization's authority to distribute wildlife expo permits at any time during the original five -year award term or any renewal period for:

  (a) violating any of the requirements set forth in this rule or the contract; or

  (b) failing to bring or organize a wildlife exposition in Utah, as described in the business plan under R657-55-4(4)(e), in any given year.