2012 Utah Code
Title 63G - General Government
Article 6a - Utah Procurement Code
Section 403 - Prequalification of potential vendors.

(1) (a) As used in this section, "vendor" means:

(i) a bidder;

(ii) an offeror; or

(iii) a contractor, including an architect or an engineer.

(b) A procurement unit may, in accordance with this section:

(i) prequalify potential vendors to provide any type of procurement item specified by the procurement unit; and

(ii) limit participation in an invitation for bids, a request for proposals, or an approved vendor list to the prequalified potential vendors for the specified type of procurement item.

(2) To prequalify potential vendors to provide a specified type of procurement item, a procurement unit shall issue a request for qualifications.

(3) A procurement unit that issues a request for qualifications shall:

(a) publish the request for qualifications in accordance with the requirements of Section 63G-6a-402;

(b) state in the request for qualifications:

(i) the type of procurement item to which the request for qualifications relates;

(ii) the scope of work to be performed;

(iii) the instructions and the deadline for providing information in response to the request for qualifications;

(iv) the minimum criteria for prequalification;

(v) the period of time during which the list of prequalified potential vendors will remain in effect, which may not be longer than 18 months after the list of prequalified potential vendors is made available to the public under Subsection (8)(b); and

(vi) that a procurement unit may limit participation in an invitation for bids or a request for proposals, during the time period described in Subsection (3)(b)(v), to the potential vendors that are prequalified to provide the specified type of procurement item.

(4) The minimum criteria described in Subsection (3)(b)(iv):

(a) shall include the prequalification requirements unique to the procurement;

(b) may include performance rating criteria; and

(c) may not be so restrictive that the criteria unreasonably limit competition.

(5) A procurement unit may, before making a final list of prequalified vendors, request additional information to clarify responses made to the request for qualifications.

(6) A potential vendor shall be included on the list of prequalified potential vendors if the vendor:

(a) submits a timely, responsive response to the request for qualifications; and

(b) meets the minimum criteria for qualification described in Subsection (3)(b)(iv).

(7) If a request for qualifications will result in only one vendor being placed on the list of prequalified potential vendors:

(a) the procurement unit shall cancel the request for qualifications; and

(b) the list may not be used by the procurement unit.

(8) The procurement unit shall:

(a) before making the list of prequalified potential vendors available to the public, provide each potential vendor who provided information in response to the request, but who did not meet the minimum qualifications for placement on the list, a written justification statement describing why the potential vendor did not meet the criteria for inclusion on the list; and

(b) within 30 days after the day of the deadline described in Subsection (3)(b)(iii), make the list of prequalified potential vendors available to the public.

Amended by Chapter 445, 2013 General Session