Utah Admin. Code R850-70-620 - Public Auction
1. At least 14
days before a public auction of forest products, the agency shall give notice
of the public auction on the agency's website.
2. The notice of public auction must include:
(a) the date and time of the sale;
(b) bidder qualifications that are in
addition to those qualifications in Section
R850-3-200;
(c) whether the sale will be held virtually
or in person;
(d) if the sale is
held in person, the location of the sale;
(e) if the sale is held virtually, the ways
in which a potential bidder may participate;
(f) a general description of the affected
parcel;
(g) the species and
estimated quantity of forest products; and
(h) the contact information of the agency
office where interested parties can obtain more information.
3. The agency may advertise a
public auction by any method determined by the agency to increase exposure of
the forest products to qualified bidders.
4. Auction Procedures.
(a) The agency may conduct a public auction
in person or virtually.
(b) The
agency shall publish the bidding procedures at the agency's website, which
procedures must include:
(i) information
required to register for the auction, if applicable; and
(ii) payments required at the auction by the
successful bidder, including the down payment and costs and fees assessed by
the agency pursuant to Subsection
R850-70-620(4)(g).
(c) Only qualified bidders may participate in
an auction of forest products. The agency may require letters of recommendation
and other conditions to ensure bidders have the technical capability to
complete the harvest within the contract term.
(d) A bid constitutes a valid offer to
purchase.
(e) The agency shall
award the sale to the highest qualified bidder.
(f) The agency may withdraw, in its sole
discretion, any forest products before execution of a sales contract. The
agency shall return all fees paid by the successful bidder for the withdrawn
sale.
(g) The agency may require
the successful bidder to reimburse the agency for costs incurred by the agency
in preparing the forest products for sale, including the costs of advertising,
appraisal, cultural resource investigations, and environmental assessments. The
agency may also charge a processing fee.
(h) At the conclusion of the auction, the
successful bidder shall pay the agency the down payment and the costs and fees
published pursuant to Subsection
R850-70-620(4)(g).
(i) For forest products purchased at an
auction, the successful bidder must execute the sales contract within 30 days
of receipt from the agency. If the successful bidder fails to execute the
contract within the 30-day period, the agency is not required to finalize the
sale and may retain the down payment and costs paid by the successful bidder at
the sale. The agency may offer the contract to the next highest qualified
bidder.
Notes
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