Utah Admin. Code R23-1-801 - Sole Source - Award of Contract Without Competition
(1) Sole source procurements shall be
conducted in accordance with the requirements set forth in Section
63G-6a-802. All definitions in
the Utah Procurement Code shall apply to this rule unless otherwise specified
in this rule. This administrative rule provides additional requirements and
procedures and should be used in conjunction with the Utah Procurement
Code.
(2) A sole source procurement
may be conducted if:
(a) there is only one
source for the procurement item;
(b) the award to a specific supplier, service
provider, or contractor is in accordance with the requirements imposed by the
source of the funds used to procure the procurement item; or
(c) the procurement item is needed for trial
use or testing to determine whether the procurement item will benefit the
procurement unit.
(3) An
urgent or unexpected circumstance or requirement for a procurement item does
not justify the award of a sole source procurement.
(4) Requests for a procurement to be
conducted as a sole source shall be submitted in writing to the director for
approval.
(5) The sole source
request shall be submitted to the director and shall include:
(a) a description of the procurement
item;
(b) the total dollar value of
the procurement item, including, when applicable, the actual or estimated full
life-cycle cost of maintenance and service agreements;
(c) the duration of the proposed sole source
contract;
(d) an authorized
signature of the requester;
(e)
unless the sole source procurement is conducted under Subsection
R23-1-801(2)(b) or
(c), research completed by the requester
documenting that there are no other competing sources for the procurement item;
and
(f) any other information
requested by the director.
(6) a sole source request form containing all
the requirements of Subsection
R23-1-801(5)
may be available on the division's website or may be described in
specifications or other contract documents.
(7) Except as provided in Subsection (b),
sole source procurements over $50,000 shall be published in accordance with
Section 63G-6a-112.
(a) Sole source procurements under $50,000
are not required to be published but may be published at the discretion of the
director.
(b) The requirement for
publication of notice for a sole source procurement is waived:
(i) for public utility services;
(ii) if the award to a specific supplier,
service provider, or contractor is in accordance with the requirements imposed
by the source of the funds used to procure the procurement item;
(iii) when the circumstances of the request
are clear that there can only be one source;
(iv) as provided in Section
R23-1-806; or
(v) for other circumstances as determined in
writing by the director.
(8) A person may contest a sole source
procurement before the closing of the public notice period set forth in Section
63G-6a-112, when public notice is
required under Section
R23-1-801 by submitting the
following information in writing to the director:
(a) the name of the contesting person;
and
(b) a detailed explanation of
the challenge, including documentation showing that there are other competing
sources for the procurement item.
(9) Upon receipt of information contesting a
sole source procurement, the director shall investigate to determine the
validity of the challenge and make a written determination either supporting or
denying the challenge.
Notes
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