Utah Admin. Code R33-5-105 - Small Purchases Threshold for Design Professional Services

(1) The small purchase threshold for design professional services is a maximum amount of $100,000 per project.

(2) Design professional services of $100,000 or less may be procured by direct negotiation after reviewing the qualifications of a minimum of three design professional firms.

(3)

(a) To ensure the fair and equitable treatment of each vendor on an approved vendor list, a procurement unit shall when using this rule in conjunction with an approved vendor list, select a minimum of three design professional firms from the approved vendor list using one or more of the following methods:

(i) a rotation system, organized alphabetically, numerically, or randomly;

(ii) assignment of vendors to a specified geographic area;

(iii) assignment of vendors based on each vendor's particular expertise or field; or

(iv) another method approved by the procurement official.

(b) After selecting a minimum of three firms from the approved vendor list using one of the methods specified in Subsection (3)(a), the procurement unit shall rank the firms in order and begin fee negotiations, up to $100,000, with the highest ranked firm. If an agreement cannot be reached with the highest ranked firm, the procurement unit shall move to the next highest ranked firm and so on until a fee agreement is reached.

(c) If a fee agreement cannot be reached with any of the firms in the first group of firms selected, the procurement unit may select additional firms from the approved vendor list using the same process set forth in Subsection (3)(a) and (b) or the procurement unit may cancel the procurement.

(d) Each procurement unit using an approved vendor list under this rule shall document that each vendor on the approved vendor list has a fair and equitable opportunity to obtain a contract.

(4) A procurement unit shall include minimum specifications when using the small purchases threshold for design professional services.

(5) Executive Branch procurement units, to the extent they do not have independent procurement authority, shall involve the Division in the qualification process described under Section 63G-6a-410, the approved vendor list process described under Section 63G-6a-507, and the evaluation and fee negotiation process described in Title 63G, Chapter 6a, Part 15, Design Professional Services, in the procurement of design professional services.

Notes

Utah Admin. Code R33-5-105

Adopted by Utah State Bulletin Number 2016-18, effective 8/22/2016 Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017 Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021 Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022