Utah Court of Appeals

Must Utah procurement appeals include all required documents from the start? ICS Corrections v. Procurement Policy Board Explained

2020 UT App 159
No. 20191006-CA
November 19, 2020
Affirmed

Summary

ICS Corrections sought review of the Utah Procurement Policy Board’s dismissal of CenturyLink’s appeal of a procurement decision. The Board dismissed the appeal because CenturyLink failed to attach a copy of the protest decision to its initial appeal filing, even though it provided the copy one business day later.

Analysis

The Utah Court of Appeals recently clarified that strict compliance is required when filing appeals under Utah’s procurement statutes, rejecting arguments for substantial compliance in administrative proceedings.

Background and Facts

In 2019, Utah solicited bids for inmate telephone services. CenturyLink protested the Division of Purchasing’s decision to award the contract to Global Tel*Link Corporation. When the Division rejected CenturyLink’s protest, CenturyLink appealed to the Utah Procurement Policy Board. However, CenturyLink failed to attach a copy of the protest decision to its appeal, providing it one business day later. The Board dismissed the appeal for this omission.

Key Legal Issues

The primary issue was whether Utah Code section 63G-6a-1702(2)(b), which requires that appeals “shall . . . be accompanied by a copy of any written protest decision,” mandates strict compliance or allows for substantial compliance when documents are provided shortly after filing.

Court’s Analysis and Holding

The court examined the statutory language and legislative intent. Section 63G-6a-1702(5)(b) directs the appointing officer to “dismiss any claim asserted in the appeal, or dismiss the appeal” if it “fails to comply with any of the requirements.” This unequivocal language demonstrated legislative intent to make the requirements mandatory, not directory. The court distinguished cases allowing substantial compliance, noting those apply only to directory provisions.

Practice Implications

This decision reinforces that Utah’s procurement appeal statutes require exactness in compliance. Practitioners must ensure all required documents accompany the initial filing. The court emphasized that “once [a] statute is determined to require strict compliance, all bets are off for any actions other than exactness.” Even minimal delays in providing required documentation will result in mandatory dismissal under these statutes.

Original Opinion

Link to Original Case

Case Details

Case Name

ICS Corrections v. Procurement Policy Board

Citation

2020 UT App 159

Court

Utah Court of Appeals

Case Number

No. 20191006-CA

Date Decided

November 19, 2020

Outcome

Affirmed

Holding

Utah Code section 63G-6a-1702(2)(b) requiring that a notice of appeal be accompanied by a copy of any written protest decision is mandatory and requires strict compliance.

Standard of Review

Arbitrary and capricious or clearly erroneous

Practice Tip

When filing administrative appeals under Utah’s procurement statutes, ensure all required documents are attached to the initial filing to avoid mandatory dismissal.

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