Section 115 - Clarifying information in a solicitation response.

UT Code § 63G-6a-115 (2019) (N/A)
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(1) A procurement unit may at any time make a written request to a vendor to clarify information contained in a responsive solicitation response.

(2) A procurement unit may allow a vendor to respond to a request under Subsection (1): (a) in writing; or (b) by submitting a printed document.

(a) in writing; or

(b) by submitting a printed document.

(3) (a) A procurement unit that requests a vendor to clarify information contained in a responsive solicitation response under this section shall establish a deadline by which the vendor is required to submit the clarifying information. (b) A procurement unit may not allow a vendor to submit clarifying information after the deadline established under Subsection (3)(a).

(a) A procurement unit that requests a vendor to clarify information contained in a responsive solicitation response under this section shall establish a deadline by which the vendor is required to submit the clarifying information.

(b) A procurement unit may not allow a vendor to submit clarifying information after the deadline established under Subsection (3)(a).

(4) A vendor's response to a request under this section: (a) may only explain, illustrate, or interpret the contents of the vendor's original solicitation response; (b) may not be used to address criteria or specifications not contained in the vendor's original solicitation response; and (c) may not be used to: (i) correct a deficiency, inaccuracy, or mistake in a 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 does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.

(a) may only explain, illustrate, or interpret the contents of the vendor's original solicitation response;

(b) may not be used to address criteria or specifications not contained in the vendor's original solicitation response; and

(c) may not be used to: (i) correct a deficiency, inaccuracy, or mistake in a 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 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 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 does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.