Utah Admin. Code R23-26-1 - Purpose and Scope
(1) The purpose
of this rule is to establish a process for resolving disputes involved with
contracts under the division's procurement authority. The objectives of the
procedure are to:
(a) encourage the payment
of the appropriate and fair amount on a timely basis for work or services
performed;
(b) encourage the
resolution of issues on an informal basis to minimize disputes and
claims;
(c) encourage fair and
timely settlement of claims;
(d)
provide a process that is as simple as possible and minimizes the costs to all
parties in achieving a resolution;
(e) maintain effective contractual
relationships and responsibilities;
(f) when possible, resolve related issues and
responsibilities as a package;
(g)
discourage bad faith, frivolous or excessive claims;
(h) avoid having claims interfere with the
progress of the work;
(i) assure
that the presentation of good faith and non-frivolous issues and claims do not
negatively affect selection processes for future work, while bad faith and
frivolous issues, as well as the failure of a contractor or subcontractor to
facilitate resolution of issues, may be considered in the evaluation of the
contractor or subcontractor; and
(j) provide a process where subcontractors at
any tier, which have a claim that involves a good faith issue related to the
responsibility of the division or anyone for whom the division is liable, has
the ability to present the matter for resolution in a fair and timely manner to
those of any higher tier and ultimately to the division without creating any
contractual relationship between the division and the subcontractor.
(2) This rule does not apply to
any protest under Section
63G-6a-1602.
(3) A claim under this rule that does not
include a monetary claim against the division or its agents is not limited to
the dispute resolution process provided for in this rule.
(4) Persons pursuing claims under the process
required by this rule:
(a) are bound by the
decision reached under the process unless the decision is properly appealed;
and
(b) may not pursue a claim
under the dispute resolution process established in Title 63G, Chapter 6a, Utah
Procurement Code.
(5)
This rule does not apply to tort or other claims subject to the Utah
Governmental Immunity Act.
(6) This
rule shall not limit the right of the division to have any of the division's
issues, disputes, or claims considered in accordance with the applicable
contract or l aw.
Notes
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