Current through Bulletin 2024-06, March 15, 2024
(1)
(a)
Small Purchases. The Department will conduct small purchases as required by
Utah Code Section
63G-6a-506, and
rules
R33-5-104,
R33-5-106,
R33-5-106.5,
and
R33-5-107.
(b) The small purchase threshold for
individual procurements will be $5,000 rather that the threshold for individual
procurements included in rule
R33-5-104(3)(a).
(c) The Department will conduct small
purchases of professional service providers and consultants as required by rule
R907-66.
(2) Sole Source
Procurement. A contract may be awarded for a supply, service or construction
item without competition if the contracting officer first determines in writing
that one of the following conditions exists:
(a) Only a single contractor is capable of
providing the supply, service or construction.
(b) A Federal or State statute or Federal
regulation exempts the supply, service or construction from the competitive
procedure.
(c) The total cost of
the supply, service or construction is less than the amount established by the
department for small, no-bid procurements pursuant to R33-5 relating to small
procurements.
(d) The manager of
procurement services determines in writing it is clearly not feasible to award
the contract for supplies or services on a competitive basis.
(e) The services are to be provided by
attorneys, legal services providers, or litigation consultants selected by the
Attorney General's Office.
(f) The
services are to be provided by expert witnesses.
(g) 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 manager of procurement services determines in writing that bidding
is not appropriate under the circumstances.
(h) The executive director or designee
determines in writing the contract for supplies or services are to protect
public health, welfare, or safety, or to protect the safety or security of a
transportation system.
(3)
(a)
Pursuant to authority granted by Utah Code Subsection
63G-6a-802(3)(b)(ii),
the Department is not required to publish a notice of any kind prior to making
a sole source procurement.
(b) The
manager of procurement services may require publication of a notice of the
Department's intent to make a sole source procurement if the manager determines
publishing such a notice is necessary to maintain the fair and equitable
treatment of persons who deal with the Department's procurement system.
(4) Written
determination and large sole source procurements. 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.
(5) Regularly scheduled audits. The executive
director or a designee may require regular audits of procurements made pursuant
to any subsection of this rule R907-33-7.
(6) Emergency procurement. 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.
(a) A written authorization to make
an emergency procurement will be required.
(b) The provider of the supply, service, or
construction procured pursuant to this subsection, R907-33-7(6) may be paid
based on the written authorization required by subsection
R907-33-7(6)(a).
(c) Procurements
made according to the requirements of this section R907-33-7(6) may not to be
affected by divergent terms included in other contracts.
