Section R354-2-104 - Division Prohibited(1) Except as otherwise expressly provided in this rule, the Procurement Official: (a) may not use the Small Purchase Procurement Process, described in this rule, for ongoing, continuous, and regularly scheduled Procurements that exceed the Annual Cumulative Threshold; and(b) shall make its ongoing, continuous, and regularly scheduled Procurements that exceed the Annual Cumulative Threshold through a Contract awarded through another Standard Procurement Process or an applicable exception to another Standard Procurement Process, described in this Procurement Procedure.(2) This rule does not prohibit regularly scheduled payments for a Procurement Item obtained under another provision of this Procurement Procedure.(3)(a) It is prohibited for the Procurement Official to divide a single Procurement into multiple smaller Procurements, including by dividing an invoice or purchase order into multiple invoices or purchase orders, if:(i) the single Procurement would not have qualified as a Small Purchase under this rule;(ii) one or more of the multiple smaller Procurements qualify as a Small Purchase under this rule; and(iii) the division is done with the intent to:(A) avoid having to use a Standard Procurement Process, other than the Small Purchase Process, that the person would otherwise be required to use for the single Procurement; or(B) make one or more of the multiple smaller Procurements fall below a Small Purchase expenditure threshold under this rule that the single Procurement would not have fallen below without the division.(b) A violation of Subsection (3)(a) is subject to penalties as provided in Subsection R354-15-104(4).Utah Admin. Code R354-2-104
Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021