R33. Government Operations, Purchasing and General Services.
R33-1. Utah Procurement Rules, General Procurement Provisions.
(1) Terms used in the procurement rules are defined in Section 63G-6a-103.
(2) In addition:
(a) "Bias" means:
(i) a predisposition or a preconceived opinion that prevents an individual from impartially performing any duty or responsibility in Title 63G, Chapter 6a, Utah Procurement Code, or other applicable law or rule; or
(ii) a prejudice in favor of or against a thing, individual, or group that results in an action or treatment that a reasonable person would consider to be unfair or have the appearance of being unfair.
(b) "Bid Bond" is an insurance agreement, accompanied by a monetary commitment, by which a third party accepts liability and guarantees that the bidder will not withdraw the bid. The bidder will furnish bonds in the required amount and if the contract is awarded to the bonded bidder, the bidder will accept the contract as bid, or else the surety will pay a specific amount.
(c) "Bid Rigging" means an agreement among potential competitors to manipulate the competitive bidding process, for example, by agreeing not to bid, to bid a specific price, to rotate bidding, or to give kickbacks.
(d) "Bid Security" means the deposit of cash, certified check, cashier's check, bank draft, money order, or bid bond submitted with a bid and serving to guarantee to the owner that the bidder, if awarded the contract, will execute such contract in accordance with the bidding requirements and the contract documents.
(e) "Brand Name or Equal Specification" means a specification which uses a brand name specification to describe the standard of quality, performance, and other characteristics being solicited, and which invites the submission of equivalent products.
(f) "Brand Name Specification" means a specification identifying one or more products by manufacturer name, product name, unique product identification number, product description, SKU or catalogue number.
(g) "Collusion" means when two or more persons act together to achieve a fraudulent or unlawful act. Collusion inhibits free and open competition in violation of law.
(h) "Cost Analysis" means the evaluation of cost data for the purpose of arriving at estimates of costs to be incurred, prices to be paid, costs to be reimbursed, or costs actually incurred.
(i) "Cost Data" means factual information concerning the cost of labor, material, overhead, and other cost elements expected to be incurred or that have been actually incurred by the contractor in performing the contract.
(j) "Cronyism" is an anticompetitive practice that may violate federal and state antitrust and procurement laws. Cronyism in government contracting is a form of favoritism where contracts are awarded on the basis of friendships, associations or political connections instead of fair and open competition.
(k) "Evaluation Criteria" means the objective or subjective criteria that will be used to evaluate a vendor's solicitation response
(l) "Mandatory Requirement" means a condition set out in the specifications or statement of work that must be met without exception.
(m) "Minor Irregularity" is a variation from the solicitation that does not affect the price of the bid, offer, or contract or does not give a bidder or offeror an advantage or benefit not shared by other bidders or offerors, or does not adversely impact the interests of the procurement unit.
(n) "New Technology" means any invention, discovery, improvement, or innovation, that was not available to the acquiring agency on the effective date of the contract, whether or not patentable, including:
(i) new processes, emerging technology, machines, and improvements to, or new applications of, existing processes, machines, manufactures and software;
(ii) new computer programs, and improvements to, or new applications of, existing computer programs, whether or not copyrightable; and;
(iii) any new process, machine, including software, and improvements to, or new applications of, existing processes, machines, manufactures and software.
(o) "Objective Criteria" means the solicitation criteria that will be evaluated and scored based solely on the measurable and verifiable facts, evidence, and documentation provided in each vendor's solicitation response.
(p) "Participating Addendum" means an agreement issued in conjunction with a cooperative contract that authorizes a public entity to use the Cooperative Contract.
(q) "Payment Bond" is a bond that guarantees payment for labor and materials expended on the contract.
(r) "Person" means:
(i) an individual;
(ii) an association;
(iii) an institution;
(iv) a corporation;
(v) a company;
(vi) a trust;
(vii) a limited liability company;
(viii) a partnership;
(ix) a political subdivision;
(x) a government office, department, division, bureau, or other body of government; and
(xi) any other organization or entity.