Utah Admin. Code R33-7-104 - Exceptions to Terms and Conditions Published in the RFP

(1) Offerors requesting exceptions or additions to the standard terms and conditions published in the request for proposal (RFP) must include the exceptions or additions with the proposal response

(2) Exceptions or additions submitted after the date and time for receipt of proposals will not be considered unless there is only one offeror that responds to the RFP, the exceptions or additions have been approved by the Attorney General's Office or other applicable legal counsel, and it is determined by the procurement official that it is not beneficial to the procurement unit to republish the solicitation.

(3) Offerors may not submit requests for exceptions or additions by reference to a vendor's website or URL

(4) A procurement unit may refuse to negotiate exceptions or additions:

(a) that are determined to be excessive;

(b) that are inconsistent with similar contracts of the procurement unit;

(c) to warranties, insurance, or indemnification provisions that are necessary to protect the procurement unit after consultation with the Attorney General's Office or other applicable legal counsel;

(d) where the solicitation specifically prohibits exceptions or additions; or

(e) that are not in the best interest of the procurement unit.

(5) If negotiations are permitted, a procurement unit may negotiate exceptions or additions with offerors, beginning in order with the offeror submitting the fewest exceptions or additions to the offeror submitting the greatest number of exceptions or additions. Contracts may become effective as negotiations are completed.

(6) If, in the negotiations of exceptions or additions with a particular offeror, an agreement is not reached after a reasonable amount of time as determined by the procurement unit, the negotiations may be terminated and a contract not awarded to that offeror and the procurement unit may move to the next eligible offeror.

Notes

Utah Admin. Code R33-7-104

Amended by Utah State Bulletin Number 2016-18, effective 8/22/2016 Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017 Amended by Utah State Bulletin Number 2018-16, effective 7/26/2018 Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021 Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022