Utah Admin. Code R907-33-7 - Exceptions to Competition-Based Procurement
(1)
(a) The department will conduct small
purchases as required by Section
63G-6a-506, and Sections
R33-105-104,
R33-105-106,
R33-105-106.5, and
R33-105-107.
(b) The small purchase threshold for
individual procurements will be $5,000 rather than the threshold for individual
procurements described in Subsection
R33-105-104(3)(a).
(c) The department will conduct small
purchases of professional service providers and consultants as required by Rule
R907-66.
(2)
(a) A contract may be awarded for a supply,
service, or construction item without competition if the procurement official
first determines in writing that one of the following conditions exists:
(i) Only a single contractor is capable of
providing the supply, service or construction.
(ii) A state or federal law exempts the
supply, service or construction from the competitive procedure.
(iii) The total cost of the supply, service,
or construction is less than the amount established by the department for small
purchases in Subsection (1).
(iv)
The procurement official determines in writing it is clearly not feasible to
award the contract for supplies or services on a competitive basis.
(v) The services are to be provided by
attorneys, legal services providers, or litigation consultants selected by the
Attorney General's Office.
(vi) The
services are to be provided by expert witnesses.
(vii) The services involve the repair,
modification, or calibration of equipment and they are to be performed by the
manufacturer of the equipment or by the manufacturer's authorized dealer
provided the procurement official determines in writing that bidding is not
appropriate under the circumstances.
(viii) The executive director or a designee
determines in writing the contract for supplies or services is to protect
public health, welfare, or safety, or to protect the safety or security of a
transportation system.
(b) Pursuant to Subsection
63G-6a-802(3)(b)(ii),
the procurement official may require publication of a notice of the
department's intent to make a sole source procurement if the procurement
official determines publishing such a notice is necessary to maintain the fair
and equitable treatment of persons who deal with the department's procurement
system.
(c) The written
determination authorizing sole source procurement must be included in the
contract file. For procurements over $250,000 made under Subsection
R907-33-7(2)(i),
the determination shall be approved by the attorney general's office.
(3) The executive director or a
designee may require regular audits of procurements made pursuant to this
section.
(4)
(a) The executive director or a designee will
make or authorize others to make an emergency procurement when there exists a
threat to public health, welfare, or safety, or circumstances outside the
control of the department create an urgency of need that does not permit the
delay involved in using formal competitive procurement methods.
(b) The executive director or a designee will
authorize each emergency procurement described under this Subsection
(4).
(c) The department may only
pay the provider of an emergency procurement described in this Subsection (6)
based on the written authorization required by Subsection (4)(b).
(d) Emergency procurements described in this
Subsection (4) may not be affected by divergent terms included in other
contracts.
Notes
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