Utah Admin. Code R23-1-1603 - Intervention in a Protest
(1)
Application. This rule contains provisions applicable to intervention in a
protest, including who may intervene and the time and manner of
intervention.
(2) Period of Time to
File. After a timely protest is filed in accordance with the Utah Procurement
Code, the Protest Officer shall notify awardees of the subject procurement and
may notify others of the protest. A Motion to Intervene must be filed with the
Protest Officer no later than ten days from the date such notice is sent by the
Protest Officer. Only those Motions to Intervene made within the time
prescribed in this rule will be considered timely. The division and using
agency are automatically considered a Party of Record and need not file any
Motion to Intervene.
(3) Contents
of a Motion to Intervene. A copy of the Motion to Intervene shall also be
mailed or emailed to the person protesting the procurement.
(4) Any Motion to Intervene must state, to
the extent known, the position taken by the person seeking intervention and the
basis in fact and law for that position. A Motion to Intervene must also state
the person's interest in sufficient factual detail to demonstrate that:
(a) the person seeking to intervene has a
right to participate which is expressly conferred by statute or by rule, order,
or other authority; or
(b) the
person seeking to intervene has or represents an interest which may be directly
affected by the outcome of the proceeding, including any interest as a:
(i) consumer;
(ii) customer;
(iii) competitor;
(iv) security holder of a party; or
(v) the person's participation is in the
public interest.
(5) Granting of Status. If no written
objection to the timely Motion to Intervene is filed with the Protest Officer
within seven calendar days after the Motion to Intervene is received by the
protesting person, the person seeking intervention becomes a party at the end
of this seven-day period. If an objection is timely filed, the person seeking
intervention becomes a party only when the motion is expressly granted by the
Protest Officer based on a determination that a reason for intervention exists
as stated in this rule. Notwithstanding this rule, an awardee of the
procurement that is the subject of a protest will not be denied their Motion to
Intervene, regardless of its content, unless it is not timely filed with the
Protest Officer.
(6) Late Motions.
If a Motion to Intervene is not timely filed, the motion shall be denied by the
Protest Officer.
Notes
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