§ 63G-6a-609. Multiple stage bidding process. (Effective 3/29/2014)

(1) A procurement unit that conducts a procurement using a bidding standard procurement process may use multiple stages to:

(a) narrow the number of bidders who will progress to a subsequent stage;

(b) prequalify bidders for subsequent stages, in accordance with Section 63G-6a-403;

(c) enter into a contract for a single procurement; or

(d) award multiple contracts for a series of upcoming procurements.

(2) The invitation for bids for a multiple stage bidding process shall:

(a) describe the requirements for, and purpose of, each stage of the process;

(b) indicate whether the procurement unit intends to award:

(i) a single contract; or

(ii) multiple contracts for a series of upcoming procurements; and

(c) state that:

(i) the first stage is for prequalification only;

(ii) a bidder may not submit any pricing information in the first stage of the process; and

(iii) bids in the second stage will only be accepted from a person who prequalifies in the first stage.

(3) During the first stage, the conducting procurement unit:

(a) shall prequalify bidders to participate in subsequent stages, in accordance with Section 63G-6a-403;

(b) shall prohibit the submission of pricing information until the final stage; and

(c) may, before beginning the second stage, request additional information to clarify the qualifications of the bidders who submit timely responses.

(4) Contracts may only be awarded for a procurement item described in stage one of the invitation for bids.

(5) The conducting procurement unit may use as many stages as it determines to be appropriate.

(6) Except as otherwise expressly provided in this section, a procurement unit conducting a multiple stage bidding process under this section shall ensure compliance with this part.

(7) The applicable rulemaking authority may make rules governing the use of a multiple stage process described in this section.

Amended by Chapter 196, 2014 General Session