Section 114 - Correcting an immaterial error in a solicitation response.

UT Code § 63G-6a-114 (2019) (N/A)
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(1) The chief procurement officer or the head of a procurement unit with independent procurement authority: (a) may allow a vendor to correct an immaterial error in a responsive solicitation response as provided in this section; and (b) may not allow a vendor to: (i) correct a deficiency, inaccuracy, or mistake in a responsive solicitation response that is not an immaterial error; (ii) correct an incomplete submission of documents that the solicitation required to be submitted with the solicitation response; (iii) correct a failure to submit a timely solicitation response; (iv) substitute or alter a required form or other document specified in the solicitation; (v) remedy a cause for a vendor being considered to be not responsible or a solicitation response not responsive; or (vi) correct a defect or inadequacy resulting in a determination that a vendor's solicitation response does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.

(a) may allow a vendor to correct an immaterial error in a responsive solicitation response as provided in this section; and

(b) may not allow a vendor to: (i) correct a deficiency, inaccuracy, or mistake in a responsive solicitation response that is not an immaterial error; (ii) correct an incomplete submission of documents that the solicitation required to be submitted with the solicitation response; (iii) correct a failure to submit a timely solicitation response; (iv) substitute or alter a required form or other document specified in the solicitation; (v) remedy a cause for a vendor being considered to be not responsible or a solicitation response not responsive; or (vi) correct a defect or inadequacy resulting in a determination that a vendor's solicitation response does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.

(i) correct a deficiency, inaccuracy, or mistake in a responsive solicitation response that is not an immaterial error;

(ii) correct an incomplete submission of documents that the solicitation required to be submitted with the solicitation response;

(iii) correct a failure to submit a timely solicitation response;

(iv) substitute or alter a required form or other document specified in the solicitation;

(v) remedy a cause for a vendor being considered to be not responsible or a solicitation response not responsive; or

(vi) correct a defect or inadequacy resulting in a determination that a vendor's solicitation response does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.

(2) (a) The chief procurement officer or the head of a procurement unit with independent procurement authority shall establish a deadline by which a vendor is required to submit a correction under this section. (b) The chief procurement officer or the head of a procurement unit with independent procurement authority may not allow a vendor to correct an immaterial error in a solicitation response if the vendor submits the correction after the deadline established under Subsection (2)(a).

(a) The chief procurement officer or the head of a procurement unit with independent procurement authority shall establish a deadline by which a vendor is required to submit a correction under this section.

(b) The chief procurement officer or the head of a procurement unit with independent procurement authority may not allow a vendor to correct an immaterial error in a solicitation response if the vendor submits the correction after the deadline established under Subsection (2)(a).

(3) If the chief procurement officer or the head of a procurement unit with independent procurement authority allows a vendor to correct an immaterial error in a solicitation response, the chief procurement officer or head shall prepare and sign a written document supporting the reason for allowing the correction.