Utah Admin. Code R33-116-301 - Intervention in a Protest
(1) This rule
contains provisions applicable to intervention in a protest, including who may
intervene and the time and manner of intervention.
(2) 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) 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 a Motion to Intervene made within the time prescribed
in this rule will be considered timely.
(b) The entity or entities who conducted the
procurement and those who are the intended beneficiaries of the procurement are
automatically considered a Party of Record and need not file any Motion to
Intervene.
(3) A copy of
the Motion to Intervene shall 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) A Motion to Intervene must also state the
person's interest in sufficient factual detail to demonstrate that:
(i) the person seeking to intervene has a
right to participate which is expressly conferred by statute or by Commission
rule, order, or other action;
(ii)
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:
(A) consumer;
(B) customer;
(C) competitor;
(D) security holder of a party; or
(E) the person's participation is in the
public interest.
(5) 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.
(6) 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.
(7) 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.
(8) If a
Motion to Intervene is not timely filed, the motion shall be denied by the
Protest Officer.
Notes
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