2012 Utah Code
Title 63G - General Government
Article 6a - Utah Procurement Code
Section 705 - Discussions -- Best and final offers.

(1) After proposals are received and opened, the issuing procurement unit may conduct discussions with the offerors and allow the offerors to make best and final offers after the discussions.

(2) The issuing procurement unit shall:

(a) ensure that each offeror receives fair and equal treatment with respect to the other offerors;

(b) establish a schedule and procedures for conducting discussions;

(c) ensure that information in each proposal and information gathered during discussions is not shared with other offerors until the contract is awarded;

(d) ensure that auction tactics are not used in the discussion process, including discussing and comparing the costs and features of other proposals; and

(e) set a common date and time for the submission of best and final offers.

(3) If an offeror chooses not to participate in a discussion or does not make a timely best and final offer, the offer submitted by the offerors before the conduct of discussions shall be treated as the offeror's best and final offer.

Amended by Chapter 445, 2013 General Session