Utah Admin. Code R907-33-5 - Competitive Procurement Required for Expenditure of Public Funds, Use of Public Property or Other Public Assets to Acquire Products and Services Unless Exception is Authorized, Need for Flexibility
(1) If conducting or administering the
department's procurement processes, then a department procurement agent must
maximize competition for contracts as much as practicable.
(2) Unless the executive director or a
designee issues a written exception in accordance with provisions set forth in
the Utah Procurement Code and applicable administrative rules documenting why a
competitive procurement process is not required and why it is in the best
interest of the department to award a contract without engaging in a standard
procurement process, the department must conduct a standard procurement process
when:
(a) public funds are expended or used to
acquire a procurement item; or
(b)
the department's property, name, influence, assets, resources, programs, or
other things of value are used as consideration in the formation of a contract
for a procurement item.
(3) The standard of care the department must
exercise when designing, constructing, and maintaining a state highway in a
reasonably safe condition for travel requires that its procurement practices
are flexible enough to allow it to consider characteristics, terms, and
conditions relevant to satisfying its needs when procuring required products
and services.
Notes
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