Utah Admin. Code R354-4-107 - Evaluation Committee - Evaluation of Proposals

(1) The Procurement Official shall appoint an evaluation committee of at least three members to evaluate proposals received in response to a Request for Proposals issued by the CRAU.

(2) The evaluation committee shall evaluate proposals in accordance with the process described in the Request for Proposals.

(3) To determine which proposal provides the best value to the CRAU, the evaluation committee shall evaluate each Responsible Offeror's Responsive proposal that has not been disqualified from consideration under the provisions of this R354-4-103, using the evaluation criteria described in the Request for Proposals.

(4) Criteria not described in the Request for Proposals may not be used to evaluate a proposal.

(5) The Procurement Official shall:

(a) appoint evaluation committee members who have at least a general familiarity with or basic understanding of:

(i) the technical requirements relating to the type of Procurement Item that is the subject of the Procurement; or

(ii) the need that the Procurement Item is intended to address; and

(b) ensure that the evaluation committee and each individual participating in the evaluation committee process:

(i) does not have a conflict of interest with any of the Offerors;

(ii) can fairly evaluate each proposal;

(iii) does not contact or communicate with an Offeror concerning the Procurement outside the official evaluation committee process; and

(iv) conducts or participates in the evaluation in a manner that ensures a fair and competitive process and avoids the appearance of impropriety.

(6) The CRAU may authorize an evaluation committee to receive assistance from an expert or consultant to better understand a technical issue involved in the Procurement.

(7)

(a) Except as provided in Subsection (7)(b), an evaluation committee member is prohibited from knowing or having access to information relating to the cost of a proposal until after the evaluation committee submits its recommendation to the CRAU based on the scores of any criteria other than cost.

(b) A Procurement Official may waive the prohibition of Subsection (7)(a) by signing a written statement indicating why waiving the prohibition is in the best interests of the CRAU.

(8) An evaluation committee may not change its final recommended scores after the evaluation committee has submitted those scores to the CRAU.

(9)

(a) The deliberations and other proceedings of an evaluation committee may be held in private.

(b) If the evaluation committee is a public body, as defined in Section 52-4-103, the evaluation committee shall comply with Section 52-4-205 in closing a meeting for its deliberations and other proceedings.

(10)

(a) At the conclusion of the evaluation process, an evaluation committee shall prepare and submit to the CRAU a written statement that:

(i) recommends a proposal for an award of a Contract, if the evaluation committee decides to recommend a proposal;

(ii) contains the score awarded to the recommended proposal based on the criteria stated in the Request for Proposals; and

(iii) explains how the recommended proposal provides the best value to the CRAU.

(b) The CRAU is not required to comply with Subsection (10)(a) for a Contract with a construction manager or general contractor if the Contract is awarded based solely on:

(i) the qualifications of the construction manager or general contractor; and

(ii) the management fee to be paid to the construction manager or general contractor.

Notes

Utah Admin. Code R354-4-107

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021