Utah Admin. Code R33-9-103 - Cancellation Before Award but After Opening

(1) A solicitation under a standard procurement process may be cancelled before award but after the opening of solicitation responses when the issuing procurement unit determines in writing that:

(a) the scope of work or other requirements contained in the solicitation documents were not met by any person and all solicitation responses have been determined to be either nonresponsive or not responsible;

(b) an infraction of code, rule, or policy has occurred;

(c) inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation;

(d) the specifications in the solicitation have been or must be revised;

(e) the procurement item being solicited are no longer required;

(f) the solicitation did not provide for consideration of all factors of cost to the procurement unit, such as cost of transportation, warranties, service and maintenance;

(g) solicitation responses received show that the needs of the procurement unit can be satisfied by a less expensive procurement item differing from that in the solicitation;

(h) except as provided in Section 63G-6a-607, all otherwise acceptable solicitation responses received are at unreasonable prices, or only one solicitation response is received and the procurement official cannot determine the reasonableness of the bid price or cost proposal;

(i) other reasons specified in 63G-6a or Administrative Rule; or

(j) other circumstances deemed to constitute reasonable cause by the procurement official.

(2) Notwithstanding, R33-9-103(1), a procurement unit may not cancel and reissue a solicitation:

(a) To steer a contract to a favored vendor; or

(b) Except as permitted under the protest and appeal provisions set forth in 63G-6a Parts 16, Protests and 17, Procurement Appeals Board, to make a vendor who was previously disqualified or rejected in a solicitation for the procurement item eligible for a contract award for the same procurement item.

Notes

Utah Admin. Code R33-9-103

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 2021-03, effective 1/22/2021 Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022