A person may contest the notice of intent to award a contract without engaging in a standard procurement process prior to the closing of the public notice period set forth in Section 1.1010 by submitting the following information in writing to the Procurement Officer or Board of Education: (a) the name of the contesting person and (b) a detailed explanation of the challenge. Depending on the type of non-standard process, the detailed explanation of the challenge would include documentation that there are other competing sources for the procurement item, or that transitional costs are not significant, unreasonable, or cost-prohibitive, or that conducting a standard procurement process is in the best interest of the conducting procurement unit. Upon receipt of a challenge contesting an award of a contract without engaging in a standard procurement process, the Procurement Officer or the Board of Education shall conduct an investigation to determine the validity of the challenge and make a written determination either supporting or denying the challenge. If a challenge is upheld, the District shall either cancel the procurement or shall conduct a standard procurement process for the procurement item being considered. If a challenge is not upheld, the District may proceed with awarding a contract without engaging in a standard procurement process. By contesting or challenging a notice of intent to use a non-standard process, a vendor does not waive the right to file a protest under the procurement code or District policies. Utah Admin. Rules R33-8-101f (June 21, 2017)
1.1017.04 NEGOTIATION FOR BEST TERMS Issue Date: 01/03/19 CBF
When the District procures under the sole source, transitional costs/best interest, or specified circumstances procurement processes (rather than one of the standard procurement processes), the Procurement Officer or Board of Education shall negotiate with the contractor to ensure that the terms of the contract, including price and delivery, are in the best interest of the District. Utah Code § 63G-6a-802(4) (2016)
1.1017.05 SOLE SOURCE PROCUREMENT Issue Date: 5/8/14 Updated: 01/03/19 CBF
Required Conditions for Sole Source Procurement The District may award a contract for a procurement item without engaging in a standard procurement process if the Board of Education or the district Procurement Officer makes a written determination that there is only one source for the procurement item. Circumstances in which a sole source procurement award may be justified include procurements for (a) a procurement item for which there is no comparable product or service, such as a one-of-a-kind item available from only one vendor, (b) a component or replacement part for which there is no commercially available substitute, and which can be obtained only directly from the manufacturer, or (c) an exclusive maintenance, service, or warranty agreement. An urgent or unexpected circumstance or requirement for a procurement item does not justify a sole source procurement.
Utah Code § 63G-6a-103(81) (2018) Utah Code § 63G-6a-802(1)(a) (2016)
Made with FlippingBook flipbook maker