State Codes and Statutes
Statutes > Utah > Title-26 > Chapter-08a > 26-8a-405-526-8a-405.5. Use of competitive sealed proposals -- Procedure -- Appeal rights.
(1) (a) The department shall issue a request for proposal for non-911 services in ageographic service area if the department receives a request from a political subdivision underSubsection 26-8a-405.4(3)(a)(ii)(B) to issue a request for proposal for non-911 services.
(b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall besolicited through a request for proposal and the provisions of this section.
(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, thedepartment must hold a presubmission conference with interested applicants for the purpose ofassuring full understanding of, and responsiveness to, solicitation requirements.
(ii) The department shall allow at least 90 days from the presubmission conference forthe proposers to submit proposals.
(c) Subsequent to the presubmission conference, the department may issue addenda tothe request for proposals. An addenda to a request for proposal must be finalized and posted bythe department at least 45 days prior to the date on which the proposal must be 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) The department may select an applicant approved by the department underSection 26-8a-404 to provide non-911 services by contract to the most responsible offeror asdefined 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 public, taking intoconsideration 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 responding to the request for competitivesealed proposals, or any other public entity or entities, any private person or entity, or anycombination thereof.
(c) The department may reject all of the competitive proposals.
(4) In seeking competitive sealed proposals and awarding contracts under this section,the department:
(a) shall consider 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 applicantwill 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 department in the award of thecontract, 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 license issued under this section:
(a) is for the exclusive geographic service area approved by the department;
(b) is valid for four years;
(c) is not subject to a request for license from another applicant under the provisions ofSections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license isrevoked under Section 26-8a-504;
(d) is subject to supervision by the department under Sections 26-8a-503 and 26-8a-504;and
(e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections26-8a-406 through 26-8a-409.
Enacted by Chapter 187, 2010 General Session
