Utah Admin. Code 33-104-109

Current through Bulletin 2024-23, December 1, 2024
Section R33-104-109 - Procedures When Two Bids, Quotes, or Statement of Qualifications Cannot Be Obtained
(1) The requirement that a procurement unit obtain a minimum of two bids, quotes, or statements of qualifications can be waived by the procurement official when only one vendor submits a bid, provides a quote, or submits a statement of qualifications under the following circumstances:
(a) a solicitation meeting the public notice requirements of Section 63G-6a-112 results in only one vendor submitting a solicitation response;
(b) vendors on a multiple award contract, prequalification, or approved vendor list fail to respond to the procurement unit; or
(c) a procurement unit makes a reasonable effort to invite each vendor known to the procurement unit to submit a solicitation response.
(2) "Reasonable effort" as used in Subsection (c) means:
(a) public notice under Section 63G-6a-112;
(b) an electronic or manual search for vendors within the specific industry;
(c) contacting industry-specific associations or manufacturers for the names of vendors within that industry; or
(d) a determination by the procurement official that a reasonable effort has been made.
(3) Before accepting a solicitation response from only one vendor, the procurement official, shall consider:
(a) whether pricing is fair and reasonable;
(b) canceling the procurement; and
(c) a bid security requirement.
(4) The procurement official shall maintain records documenting the circumstances and reasons why fewer than two solicitation responses were obtained.

Utah Admin. Code R33-104-109

Adopted by Utah State Bulletin Number 2024-15, effective 7/9/2024, exp. 11/6/2024 (Emergency)
Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024