Utah Admin. Code R33-117-101.1 - Definitions

(1) "Administrative review" as used in this rule means, in accordance with the provisions set forth in Section 63G-6a-1702, an examination conducted by a procurement appeals panel of:

(a) The notice of appeal;

(b) The protest appeal record pertaining to a protest officer's written decision; and

(c) If an optional informal hearing was held, responses to questions asked by a procurement appeals panel to assist the panel in understanding the basis of the appeal and information contained in the protest appeal record, but otherwise without taking any additional evidence or any additional ground for the appeal.

(2)

(a) "Appeal" as used in this rule means: a protestor filing a notice of appeal requesting an administrative review of the protest appeal record pertaining to a protest officer's decision in accordance with provisions set forth in Title 63G, Chapter 6a, Part 17, Procurement Appeals Board; and

(b) Does not include the appeal of a debarment or suspension under Section 63G-6a-904.

(3) "Protestor" as used in this rule means: a person who files a protest under Title 63G, Chapter 6a, Part 16, Protests, including any intervening party authorized under Section 63G-6a-1603 and Section R33-116-301.

(4) "Uphold the Decision of the Protest Officer" as used in this rule means: to support and maintain the decision of the protest officer, including giving deference to the protest officer's decision on questions of fact because the protest officer stands in a superior position, in terms of understanding the procurement, the needs of the agency, applicable laws, rules, ordinances, and policies, from which to evaluate and weigh the evidence and assess the credibility and accuracy of the facts, evidence, laws, and, if applicable, witnesses.

Notes

Utah Admin. Code R33-117-101.1

Adopted by Utah State Bulletin Number 2024-15, effective 7/9/2024, exp. 11/6/2024 (Emergency) Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024