Section R23-1-102 - DefinitionsTerms used in this rule are defined in Section 63G-6a-103 of the Utah Procurement Code. In addition:
(1) "Adequate Price" Competition means when a minimum of two competitive bids, proposals, or quotes are received from responsive bidders or offerors.(2) "Acquiring Agency" is a conducting procurement unit subject to Section 63A-16-204 acquiring new technology or technology as therein defined.(3) "Bid Bond" is an agreement, accompanied by a monetary commitment, by which a third party, the surety, accepts liability and guarantees that the bidder will not withdraw the bid. The bidder will furnish bonds in the required amount and if the contract is awarded to the bonded bidder, the bidder will accept the contract as bid, or else the surety will pay a specific amount.(4) "Bid Security" means the deposit of cash, certified check, cashier's check, bank draft, money order, or bid bond submitted with a bid and serving to guarantee to the division that the bidder, if awarded the contract, will execute such contract in accordance with the bidding requirements and the contract documents.(5) "Brand Name or Equal Specification" means a specification which uses a brand name specification to describe the standard of quality, performance, and other characteristics being solicited, and which invites the submission of equivalent products.(6) "Brand Name Specification" means a specification identifying one or more products by manufacturer name, product name, unique product identification number, product description, SKU or catalog number.(7) "Cost Analysis" means the evaluation of cost data to arrive at estimates of costs to be incurred, prices to be paid, costs to be reimbursed, or costs actually incurred.(8) "Cost Data" means factual information concerning the cost of labor, material, overhead, and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.(9) "Director" means the director of the division, including, unless otherwise stated, the director's authorized designee.(10) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5b-301.(11) "New Technology" means a technology innovation as defined in Section 63A-16-901.(12) "Payment Bond" is a bond that guarantees payment for labor and materials expended on the contract.(13) "Performance Bond" means a promise to pay the obligee, the division, a certain amount if the principal, contractor, fails to meet some obligation, such as fulfilling the terms of a contract. The performance bond protects the obligee, the division, against losses resulting from the principal's failure to meet the obligation. If the obligations are not met, the obligee, the division, will recover its losses via the performance bond.(14) "Pricing Data" means factual information concerning prices for procurement items.(15) "Record" shall have the meaning defined in Section 63G-2-103 of the Government Records Access and Management Act (GRAMA).(16) "Solicitation," in addition to the definition in Subsection 63G-6a-103(82) also includes all documents, whether attached or incorporated by reference to the solicitation.(17) "Technology" means any type of information technology defined in Subsection 63A-16-102(8).(18) "Using Agency" means any state agency or any political subdivision of the state which utilizes the services procured under this Rule R23-1.Utah Admin. Code R23-1-102
Adopted by Utah State Bulletin Number 2015-7, effective 3/3/2015Amended by Utah State Bulletin Number 2022-06, effective 2/24/2022Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023