Section R765-571a-8 - Exceptions to Procurement RequirementsEach institution shall establish policies, rules, and processes governing exceptions to procurement requirements that comply with Title 63G. Chapter 6a, Utah Procurement Code and this rule. Institutions may award a contract for a procurement item without using a standard procurement process under the following circumstances and in compliance with Section 63G-6a-802:
8.1 Sole Source Procurement - A standard procurement process is not required where there is only one source for a procurement item. The institution's president or designee shall determine in writing whether a procurement shall be made as a sole source. Notice of a sole source procurement must be published in accordance with Subsection 63G-6a-802(3) if the cost of the procurement item exceeds the amount established by Title 63G. Chapter 6a, Utah Procurement Code except where excluded under Section R765-571a-8.6.8.2. Transitional Cost - A standard procurement process is not required where transitional costs are a significant consideration in selecting a procurement item and the results of a cost benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive and that the awarding of a contract without engaging in a standard procurement process is in the best interest of the institution. Notice of a procurement based on transitional cost must be published in accordance with Subsection 63G-6a-802(3) if the cost of the procurement item exceeds the amount established by Title 63G. Chapter 6a, Utah Procurement Code except where excluded under Section R765-571a-8.6.8.3. Circumstances in which the Standard Procurement Process is Impractical and Not in Institution's Best Interests: Institutions may establish policies and procedures that designate circumstances under which the standard procurement process is impractical and not in the best interest of the institution. Although the president or designee may add additional criteria, the following are procurements that are deemed to make the awarding of a contract through a standard procurement process impractical or contrary to the institution's best interests: 8.3.1. public utility services;8.3.2. a procurement item where the; most important consideration in obtaining the item is the compatibility of equipment, technology, software, accessories, replacement parts, or service;8.3.3. unique research materials;8.3.4. instructional materials or other needed items for curriculum purposes based on pedagogical need and academic freedom of instructors;8.3.5. membership fees, conference registrations, seminars, subscriptions to intellectual content;8.3.6. conference venues and associated meals and entertainment at said venues;8.3.7. used equipment when determined to be more practical or advantageous to the institution;8.3.8. placement advertising in magazines, journals, newspapers, radio, television, online, buses, billboards.;8.3.9. library journals, periodicals, and rare books;8.3.10. athletic game guarantees;8.3.11. guest lecturers, performers, entertainers, convocations;8.3.12. broadcasting rights, television programming, and associated fees;8.3.13. original works of art;8.3.14. study abroad travel expenses;8.3.15. travel, including commercial airfare and hotels;8.3.16. sub-recipients of sponsored projects contributing to the scope of work for the project;8.3.17. supplies or services required by the National Collegiate Athletic Association or the institution's athletic conference;8.3.18. institutional sponsorship of third parties;8.3.19. a procurement item from a specific supplier, service provider, or contractor that is a condition of a grant that will fund the cost of the supply, service, or construction item;8.3.20. publications of an article, manuscript, research paper in a professional journal, periodical, or other source;8.3.21. original equipment manufacturer parts, supplies, maintenance, and service when determined to be in the best interest of the institution; and8.3.22. a procurement item from a specific supplier, service provider, or contractor that is a condition of a donation or sponsorship that will fund the cost of the supply, service, or construction item. Neither state funds nor institutional funds may be added to the donation or sponsorship in order to make an award under the provisions of this section;8.4. Trial Use - The institution may award a contract for a procurement item without competition if the requirements of Section 63G-6a-802.3 are met and the president or designee determine in writing that the procurement item is needed for trial use or testing to determine whether the procurement item will benefit the institution.8.5. Emergency Procurement - Emergency procurement is appropriate when an emergency condition exists that limits the capability of the institution to obtain competition. An emergency condition is a situation described in Subsection 63G-6a-803(1). These procurements shall be made with as much competition as reasonably practical while:8.5.1. avoiding a lapse in a critical government service;8.5.2. avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or8.5.3. protecting the legal interests of the institution.8.6. Publication of Notice Not Required. Publication of notice under Subsection 63G-6a-802(3) is not required when the award is made under the circumstances described in Section R765-571a-8.Utah Admin. Code R765-571a-8
Adopted by Utah State Bulletin Number 2021-04, effective 1/28/2021