Utah Admin. Code R33-1-1 - Definitions
(1) Terms used in
the procurement rules are defined in Section
63G-6a-103.
(2) In addition:
(a) "Bias" means:
(i) a predisposition or a preconceived
opinion that prevents an individual from impartially performing any duty or
responsibility in Title 63G, Chapter 6a, Utah Procurement Code, or other
applicable law or rule; or
(ii) a
prejudice in favor of or against a thing, individual, or group that results in
an action or treatment that a reasonable person would consider to be unfair or
have the appearance of being unfair.
(b) "Bid Bond" is an insurance agreement,
accompanied by a monetary commitment, by which a third party accepts liability
and guarantees that the bidder will not withdraw the bid. The bidder will
furnish bonds in the required amount and if the contract is awarded to the
bonded bidder, the bidder will accept the contract as bid, or else the surety
will pay a specific amount.
(c)
"Bid Rigging" means an agreement among potential competitors to manipulate the
competitive bidding process, for example, by agreeing not to bid, to bid a
specific price, to rotate bidding, or to give kickbacks.
(d) "Bid Security" means the deposit of cash,
certified check, cashier's check, bank draft, money order, or bid bond
submitted with a bid and serving to guarantee to the owner that the bidder, if
awarded the contract, will execute such contract in accordance with the bidding
requirements and the contract documents.
(e) "Brand Name or Equal Specification" means
a specification which uses a brand name specification to describe the standard
of quality, performance, and other characteristics being solicited, and which
invites the submission of equivalent products.
(f) "Brand Name Specification" means a
specification identifying one or more products by manufacturer name, product
name, unique product identification number, product description, SKU or
catalogue number.
(g) "Collusion"
means when two or more persons act together to achieve a fraudulent or unlawful
act. Collusion inhibits free and open competition in violation of
law.
(h) "Cost Analysis" means the
evaluation of cost data for the purpose of to arriveing at estimates of costs
to be incurred, prices to be paid, costs to be reimbursed, or costs actually
incurred.
(i) "Cost Data" means
factual information concerning the cost of labor, material, overhead, and other
cost elements expected to be incurred or that have been actually incurred by
the contractor in performing the contract.
(j) "Evaluation Criteria" means the objective
or subjective criteria that will be used to evaluate a vendor's solicitation
response.
(k) "Mandatory
Requirement" means a condition set out in the specifications or statement of
work that must be met without exception.
(l) "New Technology" means any invention,
discovery, improvement, or innovation, that was not available to the acquiring
agency on the effective date of the contract, whether or not patentable,
including:
(i) new processes, emerging
technology, machines, and improvements to, or new applications of, existing
processes, machines, manufactures and software;
(ii) new computer programs, and improvements
to, or new applications of, existing computer programs, whether or not
copyrightable; and;
(iii) any new
process, machine, including software, and improvements to, or new applications
of, existing processes, machines, manufactures and software
(m) "Objective Criteria" means the
solicitation criteria that will be evaluated and scored based solely on the
measurable and verifiable facts, evidence, and documentation provided in each
vendor's solicitation response.
(n)
"Payment Bond" is a bond that guarantees payment for labor and materials
expended on the contract.
(o)
"Performance Bond" means a promise to pay the obligee or owner a certain amount
if the principal or contractor fails to meet some obligation, such as
fulfilling the terms of a contract.
(p) "Person" means:
(q) an individual;
(ii) an association;
(iii) an institution;
(iv) a corporation;
(v) a company;
(vi) a trust;
(vii) a limited liability company;
(viii) a partnership;
(ix) a political subdivision;
(x) a government office, department,
division, bureau, or other body of government; and
(xi) any other organization or
entity.
(r) "Price
Analysis" means the evaluation of price data without analysis of the separate
cost components and profit.
(s)
"Price Data" means factual information concerning prices for procurement
items.
(t) "Reasonable Person
Standard" means an objective test to determine if a reasonably prudent person
who exercises an average degree of care, skill, and judgment would be justified
in drawing the same conclusions under the same circumstances or having
knowledge of the same facts.
(u)
"Subjective Criteria" means the solicitation criteria that will be evaluated
and scored based on the personal judgement, interpretations, and opinions of
the evaluators after reviewing and analyzing the information provided in each
vendor's solicitation response.
(v)
"Steering a Contract to a Favored Vendor" is defined as a person involved in
any phase of the procurement process who acts with bias or prejudice in
violation of the law to favor one vendor over another vendor(s) in awarding a
government contract. Steering a contract to a favored vendor includes:
(i) taking part in collusion or manipulation
of the procurement process;
(ii)
accepting any form of illegal gratuity, bribe or kickback from a vendor in
exchange for a contract award;
(iii) awarding a contract to a vendor without
engaging in a standard procurement process without proper
justification;
(iv) involvement in
a bid rigging scheme;
(v) writing
specifications that are overly restrictive, beyond the reasonable needs of the
procurement unit, or that gives an unfair advantage to a particular vendor
without proper justification;
(vi)
intentionally dividing a purchase to avoid engaging in a standard competitive
procurement process as set forth in Subsection
63G-6a-506(8);
(vii) leaking solicitation or other
information to a particular vendor that is prejudicial to other
vendors;
(viii) improperly avoiding
engaging in a standard procurement process to extend the duration of a vendor's
existing contract through means of a contract extension; or
(ix) participating in the procurement process
while having a financial conflict of interest as set forth in Section
R33-24-105.
(w) "Technology" means
any type of technology defined as "Information Technology" in Subsection
63A16-102(8).
Notes
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