(1) As used in this section, "unsolicited proposal" means a written proposal: (a) for a public-private partnership for: (i) an infrastructure project; or (ii) a project to collect, analyze, and distribute health data to improve health and health care and to facilitate interaction regarding health and health care issues; and (b) that is not submitted in response to a solicitation. (2) (a) Subject to Subsection (2)(b), a person may submit an unsolicited proposal to a procurement unit at any time. (b) An unsolicited proposal may not be used to seek a procurement unit's consideration of a proposal after the expiration of the time for submitting proposals in response to a request for proposals. (3) An unsolicited proposal shall include: (a) a reference to this section and a statement that the unsolicited proposal is submitted under this section; (b) a conceptual description of the project that constitutes the procurement item that is the subject of the proposed public-private partnership; (c) a description of the economic benefit of the project to the state and the procurement unit; (d) information concerning the services or facilities currently being provided by the state or procurement unit that are similar to the project; (e) an estimate of the project costs for: (i) design; (ii) implementation; (iii) operation and maintenance; and (iv) any other related project cost; and (f) the name, address, telephone number, and email address of an individual who may be contacted for further information concerning the unsolicited proposal. (4) A procurement unit is not required to consider an unsolicited proposal. (5) A procurement unit may charge a person submitting an unsolicited proposal a fee to cover the actual cost of processing, considering, and evaluating the unsolicited proposal. (6) A procurement unit that receives an unsolicited proposal may not award a contract for the procurement item described in the unsolicited proposal unless: (a) the procurement unit first engages in a standard procurement process for proposals to provide the procurement item described in the unsolicited proposal; or (b) awarding the contract without the procurement unit engaging in a standard procurement process is allowed under Section 63G-6a-802. (7) If a procurement unit engages in a standard procurement process pursuant to Subsection (6) (a): (a) the procurement unit shall treat an unsolicited proposal as though it were submitted as a proposal in response to the solicitation; and (b) a person who has submitted an unsolicited proposal may, within the time provided in the solicitation for the submission of proposals, modify the unsolicited proposal to the extent necessary to address matters raised in the solicitation that were not addressed in the initial unsolicited proposal. (8) A rulemaking authority may make rules to govern the submission, processing, consideration, and evaluation of an unsolicited proposal, including fees relating to the unsolicited proposal. (9) An unsolicited proposal is subject to Chapter 2, Government Records Access and Management Act, including, if applicable, provisions relating to a written claim of business confidentiality, as provided in Section 63G-2-309, for trade secrets, commercial information, or nonindividual financial information described in Subsection 63G-2-305(1) or (2).
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