Utah Admin. Code R926-16-7 - Fees Related to Unsolicited Proposals

(1) As authorized by Subsection 63G-6a-712(5), the Department will assess fees to cover the actual costs of processing, considering, and evaluating unsolicited proposals as follows:

(a) a fee for every unsolicited proposal the Department receives to perform the initial threshold review to determine if it may enter the Stage One -- Screening process, and to perform the Stage One -- Screening process.

(b) a fee for every unsolicited proposal that is subject to the Stage Two -- Detailed Evaluation.

(2)

(a) The unsolicited proposal must be accompanied by a check, which must be a cashier's, certified, or official check drawn by a federally insured financial institution in the amount of $20,000. This fee will be refunded to the Submitter if the unsolicited proposal does not pass the initial threshold review.

(b) The Department will assess an additional fee for every unsolicited proposal that is subject to the Stage Two -- Detailed Evaluation. Fees must be paid by a cashier's, certified, or official check drawn by a federally insured financial institution in an initial amount of $20,000 plus .01% of the total estimated cost of design and construction of the project.

(c) The Department will provide the Submitter with periodic updates of expenses and will request additional funds to cover the actual costs of processing, considering, and evaluating the unsolicited proposal if additional funds are needed.

(d) Unused funds from the fee for Stage One -- Screening may be carried over and used for Stage Two --Detailed Review if the Submitter advances to Stage Two -- Detailed Review. The fee associated with Stage Two -- Detailed Review will be reduced by any amount carried over from Stage One -- Screening. Any unused funds at the conclusion of Stage Two -- Detailed Review will be refunded to the Submitter.

(e) The Submitter may elect to discontinue its pursuit of the unsolicited proposal at any time and avoid paying the additional funds. No refund will be issued for expenses already incurred.

(3) The executive director or a deputy director may waive or modify the fee structure for an unsolicited proposal, in whole or in part, if the executive director or a deputy director determines the Department's costs have been substantially covered by a portion of the fee or if it is otherwise determined a waiver or modification is reasonable and in the best interests of the state.

(4) When the Department solicits competing proposals, the Department may require each Proposer that submits a competing proposal to submit a fee with the competing proposal. The amount of the fee will be identified in the solicitation documents and will not exceed the amount of the fees for the original unsolicited proposal stated in Subsection R926-16-7(2).

(5) The Submitter that submitted the original unsolicited proposal triggering the solicitation will be exempt from this fee provided that, in the sole discretion of the Department, the requirements of the solicitation are sufficiently similar to the content of the original unsolicited proposal.

Notes

Utah Admin. Code R926-16-7

Adopted by Utah State Bulletin Number 2019-11, effective 5/8/2019 Amended by Utah State Bulletin Number 2022-20, effective 10/10/2022