26-8a-405.3 - Use of competitive sealed proposals -- Procedure -- Appeal rights.
26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
(1) (a) Competitive sealed proposals for paramedic or 911 ambulance services underSection 26-8a-405.2, or for non-911 services under Section 26-8a-405.4, shall be solicitedthrough a request for proposal and the provisions of this section.
(b) The governing body of the political subdivision shall approve the request for proposalprior to the notice of the request for proposals under Subsection (1)(c).
(c) (i) Notice of the request for proposals shall be published:
(A) at least once a week for three consecutive weeks in a newspaper of generalcirculation published in the county; or
(B) if there is no such newspaper, then notice must be posted for at least 20 days in atleast five public places in the county; and
(ii) in accordance with Section 45-1-101 for at least 20 days.
(2) (a) Proposals shall be opened so as to avoid disclosure of contents to competingofferors during the process of negotiations.
(b) (i) Subsequent to the published notice, and prior to selecting an applicant, thepolitical subdivision must hold a presubmission conference with interested applicants for thepurpose of assuring full understanding of, and responsiveness to, solicitation requirements.
(ii) A political subdivision shall allow at least 90 days from the presubmissionconference for the proposers to submit proposals.
(c) Subsequent to the presubmission conference, the political subdivision may issueaddenda to the request for proposals. An addenda to a request for proposal must be finalized andposted by the political subdivision at least 45 days prior to the date on which the proposal mustbe submitted.
(d) Offerors to the request for proposals shall be accorded fair and equal treatment withrespect to any opportunity for discussion and revisions of proposals, and revisions may bepermitted after submission and before a contract is awarded for the purpose of obtaining best andfinal offers.
(e) In conducting discussions, there shall be no disclosures of any information derivedfrom proposals submitted by competing offerors.
(3) (a) (i) A political subdivision may select an applicant approved by the departmentunder Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the mostresponsible offeror as defined in Subsection 63G-6-103(24).
(ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whoseproposal is determined in writing to be the most advantageous to the political subdivision, takinginto consideration price and the evaluation factors set forth in the request for proposal.
(b) The applicants who are approved under Section 26-8a-405 and who are selectedunder this section may be the political subdivision issuing the request for competitive sealedproposals, or any other public entity or entities, any private person or entity, or any combinationthereof.
(c) A political subdivision may reject all of the competitive proposals.
(4) In seeking competitive sealed proposals and awarding contracts under this section, apolitical subdivision:
(a) shall apply the public convenience and necessity factors listed in Subsections26-8a-408(2) through (6);
(b) shall require the applicant responding to the proposal to disclose how the applicant
will meet performance standards in the request for proposal;
(c) may not require or restrict an applicant to a certain method of meeting theperformance standards, including:
(i) requiring ambulance medical personnel to also be a firefighter; or
(ii) mandating that offerors use fire stations or dispatch services of the politicalsubdivision;
(d) shall require an applicant to submit the proposal:
(i) based on full cost accounting in accordance with generally accepted accountingprincipals; and
(ii) if the applicant is a governmental entity, in addition to the requirements ofSubsection (4)(e)(i), in accordance with generally accepted government auditing standards and incompliance with the State of Utah Legal Compliance Audit Guide; and
(e) shall set forth in the request for proposal:
(i) the method for determining full cost accounting in accordance with generally acceptedaccounting principles, and require an applicant to submit the proposal based on such full costaccounting principles;
(ii) guidelines established to further competition and provider accountability; and
(iii) a list of the factors that will be considered by the political subdivision in the awardof the contract, including by percentage, the relative weight of the factors established under thisSubsection (4)(e), which may include such things as:
(A) response times;
(B) staging locations;
(C) experience;
(D) quality of care; and
(E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
(5) (a) Notwithstanding the provisions of Subsection 63G-6-104(3), the provisions ofTitle 63G, Chapter 6, Part 8, Legal and Contractual Remedies, apply to the procurement processrequired by this section, except as provided in Subsection (5)(c).
(b) The Procurement Appeals Board created in Section 63G-6-807 shall have jurisdictionto review and determine an appeal of an offeror under this section in the same manner asprovided in Section 63G-6-810.
(c) (i) An offeror may appeal the solicitation or award as provided by the politicalsubdivision's procedures. After all political subdivision appeal rights are exhausted, the offerormay appeal under the provisions of Subsections (5)(a) and (b).
(ii) The factual determination required by Subsection 63G-6-813(1) shall be based onwhether the solicitation or award was made in accordance with the procedures set forth in thissection and Section 26-8a-405.2.
(d) The determination of an issue of fact by the appeals board shall be final andconclusive unless arbitrary and capricious or clearly erroneous as provided in Section 63G-6-813.
Amended by Chapter 187, 2010 General Session