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Section 19: Cancellations, Rejections, and Debarment

(1) Cancellation and rejection of bids and proposals.

(A) Utah State University may cancel an invitation for bid, a request for proposal, or other solicitation or reject any or all bids or proposal responses, in whole or in part, as may be specified in the solicitation, when it is in the best interests of Utah State University.

(B) The reasons for a cancellation or rejection shall be made part of the contract file.

(1) A determination of non-responsibility of a bidder or offeror made by Utah State University shall be made in writing, in accordance with the rules of the applicable rulemaking authority.

(2) The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to the bidder or offeror.

(3) Subject to Title 63G, Chapter 2, Government Records Access and Management Act, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of Utah State University without prior written consent by the bidder or offeror.

(1) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Vice President for Business and Finance or Director of Purchasing and Contract Services may: 

(A) debar a person for cause from consideration for award of contracts for a period not to exceed three years; or

(B) suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity that might lead to debarment.

(2) A suspension described above may not be for a period exceeding three months, unless an indictment has been issued for an offense which would be a cause for debarment, in which case the suspension shall, remain in effect until after the trial of the suspended person.

(3) The causes for debarment include the following:

(A) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of a public or private contract or subcontract;

(B) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a state contractor;

(C) conviction under state or federal antitrust statutes;

(D) failure without good cause to perform in accordance with the terms of the contract;

(E) a violation of this chapter; or

(F) any other cause that the Director of Purchasing and Contract Services, or the Vice President for Business and Finance determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity.