§ 63G-6a-2504 — Process for an invitation to provide a human services procurement item -- Open-ended invitations.

Utah § 63G-6a-2504

• Jurisdiction: Utah
• Title 63G: General Government
• Ch. 63G-6a: Utah Procurement Code
• Part 63G-6a-25: Human Services Procurements

Text

(1) As used in this section:
(1)(a) "Invitation" means a solicitation or other request seeking qualified providers to enter a contract to provide a human services procurement item.
(1)(b) "Open-ended invitation" means an invitation that does not provide for a set closing date.
(1)(c) "Qualified provider" means a provider of a human services procurement item that meets the qualifications described in the invitation.
(2) The department may contract with another person for a human services procurement item in accordance with the process described in this section.
(3) (3)(a) The department may issue an invitation that includes:
(3)(a)(i) a description of the human services procurement item the department is seeking to obtain;
(3)(a)(ii) (3)(a)(ii)(A) the time period for which the invitation will remain open for applications; or
(3)(a)(ii)(B) if the invitation is an open-ended invitation, a statement that there is no set closing date for the invitation;
(3)(a)(iii) the requirements the department has established for the submission of an application;
(3)(a)(iv) the payment rate or a description of the process for determining the payment rate for the human services procurement item;
(3)(a)(v) the qualifications a provider is required to meet to be awarded a contract for the human services procurement item; and
(3)(a)(vi) the required terms and conditions of a contract if awarded.
(3)(b) The department shall publish the invitation in accordance with the notice requirements for a solicitation described in Section 63G-6a-2506.
(3)(c) The department may:
(3)(c)(i) provide for an indeterminate or specified time period for a provider to respond to the invitation;
(3)(c)(ii) close an invitation if the need for additional providers for a human services procurement item no longer exists; or
(3)(c)(iii) reissue an invitation after closing the invitation.
(3)(d) The department may provide technical application assistance to a person applying in response to an invitation.
(4) (4)(a) Upon receipt of an application submitted in response to an invitation, the department shall:
(4)(a)(i) review the application to determine:
(4)(a)(i)(A) the application's compliance with the requirements referred to in Subsection (3)(a)(iii); and
(4)(a)(i)(B) whether the person that submitted the application meets the qualifications referred to in Subsection (3)(a)(v);
(4)(a)(ii) award a contract to a person:
(4)(a)(ii)(A) whose application complies with the requirements referred to in Subsection (3)(a)(iii); and
(4)(a)(ii)(B) that meets the qualifications referred to in Subsection (3)(a)(v); and
(4)(a)(iii) reject an application if:
(4)(a)(iii)(A) the application does not comply with the requirements referred to in Subsection (3)(a)(iii); or
(4)(a)(iii)(B) the person that submitted the application does not meet the qualifications referred to in Subsection (3)(a)(v).
(4)(b) If the department closes an invitation, the department may reject an application submitted before the invitation is closed.
(4)(c) The department may allow a person to correct deficiencies in an application during the department's review of the application under Subsection (4)(a).
(5) If a person's application is rejected under Subsection (4):
(5)(a) the department shall notify the person of the rejection in writing; and
(5)(b) the person may not reapply to the same invitation for at least 12 months after the day on which the rejection is issued.
(6) (6)(a) The department may award a perpetual contract under this section if the contract is awarded pursuant to an open-ended invitation.
(6)(b) Subsection (6)(a) does not prevent the department from terminating a perpetual contract, under terms established in the contract, if the open-ended invitation terminates.
(7) The department may make rules to establish procedures to ensure the open enrollment invitation process described in this section is administered in an open and fair manner that provides any interested, qualified provider the ability to be awarded a contract.

Legislative History

Enacted by Chapter 291, 2024 General Session