Utah Administrative Code
Topic - Capitol Preservation Board (State)
Title R131 - Administration
Rule R131-4 - Capitol Preservation Board General Procurement Rule
Section R131-4-404 - Preference for Providers of State Products
Universal Citation: UT Admin Code R 131-4-404
Current through Bulletin 2024-24, December 15, 2024
(1)
(a) All
board procurement shall, in all purchases of goods, supplies, equipment,
materials, and printing, give a reciprocal preference to those bidders offering
goods, supplies, equipment, materials, or printing produced, manufactured,
mined, grown, or performed in Utah as against those bidders offering goods,
supplies, equipment, materials, or printing produced, manufactured, mined,
grown, or performed in any state that gives or requires a preference to goods,
supplies, equipment, materials, or printing produced, manufactured, mined,
grown, or performed in that state.
(b) The amount of reciprocal preference shall
be equal to the amount of the preference applied by the other state for that
particular good, supply, equipment, material, or printing.
(c)
(i) The
bidder shall certify on the bid that the goods, supplies, equipment, materials,
or printing offered are produced, manufactured, mined, grown, or performed in
Utah.
(ii) The reciprocal
preference is waived if that certification does not appear on the bid or the
product, quality or services is not available from within the state of
Utah.
(2)
(a) If the bidder submitting the lowest
responsive and responsible bid offers goods, supplies, equipment, materials, or
printing produced, manufactured, mined, grown, or performed in a state that
gives or requires a preference, and if another bidder has submitted a
responsive and responsible bid offering goods, supplies, equipment, materials,
or printing produced, manufactured, mined, grown, or performed in Utah, and
with the benefit of the reciprocal preference, his bid is equal to or less than
the original lowest bid, the executive director shall:
(i) give notice to the bidder offering goods,
supplies, equipment, materials, or printing produced, manufactured, mined,
grown, or performed in Utah that he qualifies as a preferred bidder;
and
(ii) make the purchase from the
preferred bidder if, within 72 hours after notification to him that he is a
preferred bidder, he agrees, in writing, to meet the low bid.
(b) The executive director shall
include the exact price submitted by the lowest bidder in the notice he submits
to the preferred bidder.
(c) The
executive director may not enter into a contract with any other bidder for the
purchase until 72 hours have elapsed after notification to the preferred
bidder.
(3)
(a) If there is more than one preferred
bidder, the executive director shall award the contract to the willing
preferred bidder who was the lowest preferred bidder originally.
(b) If there were two or more equally low
preferred bidders, the executive director shall resolve the tie in accordance
with Section
63G-6-426.
(4) The provisions of R131-4-404 do not apply if such application might jeopardize the receipt of federal funds.
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