(1) Eligible users
of state cooperative contracts may seek to obtain additional volume discount
pricing for large volume orders provided state cooperative contractors are
willing to offer additional discounts for large volume orders.
(a) Eligible users may not coerce, intimidate
or in any way compel vendors on state cooperative contracts to offer additional
discount pricing.
(b) Eligible
users seeking additional pricing discounts for large volume purchases shall
issue a "Request for Price Quotations" to each vendor on a state cooperative
contract for the procurement item being purchased.
(c) Executive branch procurement units
without independent procurement authority shall contact the division to issue
the request for price quotations.
(d) The request for price quotations shall
include:
(i) a detailed description of the
procurement item;
(ii) the
estimated number or volume of procurement items that will be
purchased;
(iii) the period of time
that price quotations will be accepted, including the date and time price
quotations will be opened;
(iv) the
manner in which price quotations will be accepted;
(v) the place where price quotations shall be
submitted; and
(vi) the period of
time the price quotation must be guaranteed.
(e) Price quotations shall be kept
confidential until the date and time of the opening and may not be disclosed to
other vendors on state cooperative contracts until after the date and time of
the opening. Email quotations are acceptable.
(f) Price quotations will be opened in the
presence of a minimum of two witnesses.
(g) Price quotations will become public at
the time of the opening.
(2) All terms and conditions of the state
cooperative contract shall remain in effect unless the chief procurement
officer approves the modification.
(3) This process may not be used for:
(a) an anti-competitive practice such as:
(i) bid rigging;
(ii) steering a contract to a preferred state
cooperative contractor;
(iii)
utilizing auction techniques where price quotations are improperly disclosed
and contractors bid against each other's price;
(iv) disclosing pricing or other confidential
information prior to the date and time of the opening; or
(v) any other practice prohibited by the Utah
Procurement Code.
(4) All sales resulting from the quotations
received under the process conducted in accordance with Section R33-21-301
shall be recorded as usage under the existing state cooperative contract, are
subject to the administrative fee associated with the state cooperative
contract, and shall be reported to the division.
