Section R907-33-7 - Exceptions to Competition-Based Procurement(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.Utah Admin. Code R907-33-7
Amended by Utah State Bulletin Number 2019-23, effective 11/7/2019