Section 63G-6a-1602 - Protest - Time for filing - Basis of protest - Authority to resolve protest(1) A protest may be filed with the protest officer by a person who: (b) is aggrieved in connection with a procurement or an award of a contract.(2) A protest may not be filed after: (a)(i)(A) the opening of bids, for a protest relating to a procurement under a bidding process; or(B) the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or(ii) the closing of the procurement stage that is the subject of the protest: (A) if the protest relates to a multiple-stage procurement; and(B) notwithstanding Subsections (2)(a)(i)(A) and (B); or(b) the day that is seven days after the day on which the person knows or first has constructive knowledge of the facts giving rise to the protest, if:(i) the protestor did not know and did not have constructive knowledge of the facts giving rise to the protest before:(A) the opening of bids, for a protest relating to a procurement under a bidding process;(B) the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or(C) the closing of the procurement stage that is the subject of the protest, if the protest relates to a multiple-stage procurement; or(ii) the protest relates to a procurement process not described in Subsection (2)(a).(3) A deadline under Subsection (2) for filing a protest may not be modified.(4)(a) A protestor shall include in a protest: (i) the protestor's mailing address and email address; and(ii) a concise statement of the facts and evidence:(A) leading the protestor to claim that the protestor has been aggrieved in connection with a procurement and providing the grounds for the protestor's protest; and(B) supporting the protestor's claim of standing.(b) A protest may not be considered unless it contains facts and evidence that, if true, would establish: (i) a violation of this chapter or other applicable law or rule;(ii) the procurement unit's failure to follow a provision of a solicitation;(iii) an error made by an evaluation committee or conducting procurement unit;(iv) a bias exercised by an evaluation committee or an individual committee member, excluding a bias that is a preference arising during the evaluation process because of how well a solicitation response meets criteria in the solicitation;(v) a failure to correctly apply or calculate a scoring criterion; or(vi) that specifications in a solicitation are unduly restrictive or unduly anticompetitive.(5) A protest may not be based on: (a) the rejection of a solicitation response due to a protestor's failure to attend or participate in a mandatory conference, meeting, or site visit held before the deadline for submitting a solicitation response;(b) a vague or unsubstantiated allegation; or(c) a person's claim that: (i) a procurement unit that complied with Section 63G-6a-112 did not provide individual notice of a solicitation to the person; or(ii) the person received late notice of a solicitation for which notice was provided in accordance with Section 63G-6a-112.(6) A protest may not include a request for: (a) an explanation of the rationale or scoring of evaluation committee members;(b) the disclosure of a protected record or protected information in addition to the information provided under the disclosure provisions of this chapter; or(c) other information, documents, or explanations not explicitly provided for in this chapter.(7) A person who fails to file a protest within the time prescribed in Subsection (2) may not: (a) protest to the protest officer a solicitation or award of a contract; or(b) file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum.(8) Subject to the applicable requirements of Section 63G-10-403, a protest officer or the head of a procurement unit may enter into a settlement agreement to resolve a protest.Amended by Chapter 348, 2017 General Session ,§ 29, eff. 5/9/2017.Amended by Chapter 355, 2016 General Session ,§ 51, eff. 3/28/2016.Amended by Chapter 196, 2014 General Session ,§ 58, eff. 3/29/2014.Amended by Chapter 347, 2012 General Session ,§ 244, eff. 5/1/2013.Renumbered from § 63G-6-801 and amended by Chapter 347, 2012 General Session ,§ 170, eff. 5/1/2013.Amended by Chapter 91, 2012 General Session ,§ 6, eff. 3/15/2012.Amended by Chapter 361, 2011 General Session