Conducting Reverse Auctions in Utah

Utah Statutes
Title 63G. General Government
Chapter 6a. Utah Procurement Code
Part 6. Bidding (§§ 63G-6a-601 - 63G-6a-612)

§ 63G-6a-610. Contracts awarded by reverse auction

(1)     Reverse auction bidding may be used if the procurement officer determines, in writing, that reverse auction bidding will provide the best value to the procurement unit.
(2)     Reverse auction bidding is appropriate to use when there are multiple prequalified providers of a procurement item.

Cite as Utah Code § 63G-6a-610

§ 63G-6a-611. Invitation for bids for reverse auction - Notice contents - Agreement to terms and conditions

Note: Amended
§ 63G-6a-612. Conduct of reverse auction

(1)     When conducting a reverse auction, the division or a procurement unit with independent procurement authority:
(a)     may conduct the reverse auction at a physical location or by electronic means;
(b)     shall permit all prequalified bidders to participate in the reverse auction;
(c)     may not permit a bidder to participate in the reverse auction if the bidder did not prequalify to participate in the reverse auction;
(d)     may not accept a bid after the time for submission of a bid has expired;
(e)     shall update the bids on a real time basis; and
(f)     shall conduct the reverse auction in a manner that permits each bidder to:
(i)     bid against each other; and
(ii)     lower the bidder's price below the lowest bid before the reverse auction closes.
(2)     At the end of the reverse auction, the procurement unit shall:
(a)     award the contract as soon as practicable to the lowest responsive and responsible bidder who meets the objective criteria described in the invitation for bids; or
(b)     cancel the reverse auction without awarding a contract.
(3)     After the reverse auction is finished, the procurement officer shall make publicly available:
(a)    
(i)     the amount of the final bid submitted by each bidder during the reverse auction; and
(ii)     the identity of the bidder that submitted each final bid; and
(b)     if practicable:
(i)     the amount of each bid submitted during the reverse auction; and
(ii)     the identity of the bidder that submitted each bid.

Cite as Utah Code § 63G-6a-612

Utah Statutes
Title 63G. General Government
Chapter 6a. Utah Procurement Code
Part 7. Request for Proposals
Current through Chapter 3 of the 2013 Second Special Session

§ 63G-6a-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.

Cite as Utah Code § 63G-6a-705