Utah Admin. Rules R33-8-101a (June 21, 2017)
Process for Sole Source Procurement Prior to awarding a contract in a sole source procurement, the District must follow the procedure outlined above for the “Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process.” In addition, the Procurement Officer or Board of Education shall, whenever practicable, conduct a price analysis in accordance with Utah Admin. Rules R33-12- 603. Utah Admin. Rules R33-8-101a (June 21, 2017)
1.1017.06 TRANSITIONAL COSTS / COST-BENEFIT ANALYSIS PROCUREMENT Issue Date: 01/03/19 CBF
The District may award a contract for a procurement item without engaging in a standard procurement process if the Board of Education or the Procurement Officer makes a written determination that 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 awarding a contract without engaging in a standard procurement process is in the best interest of the District. Utah Code § 63G-6a-802(1)(b) (2016) Utah Admin. Rules R33-8-101(1)(b) (June 21, 2017) Definitions “Transitional costs” mean the costs of changing from an existing provider of, or type of, a procurement item to another provider of, or type of, procurement item, including training costs, conversion costs, compatibility costs, costs associated with system downtime, disruption of service costs, staff time necessary to implement the change, installation costs, and ancillary software, hardware, equipment, or construction costs. “Transitional costs” do not include (1) the costs of preparing for or engaging in a procurement process, or (2) contract negotiation or contract drafting costs, or (3) costs associated with a trial use or testing of a procurement item under a trial use contract. Utah Code § 63G-6a-103(94) (2018) “Competing type of procurement item” means a type of procurement item that is the same, equivalent, or superior to the existing type of procurement item currently under contract in all material aspects including performance, specifications, scope of work, and provider qualifications, certifications, and licensing. Utah Admin. Rules R33-8-101b(1)(a) (June 21, 2017) “Competing provider” means another provider other than the existing provider under contract that provides a competing type of procurement item. Utah Admin. Rules R33-8-101b(1)(b) (June 21, 2017) “Significant,” “unreasonable or cost-prohibitive” transitional costs are defined as costs associated with changing from an existing provider of a procurement item to another provider of that procurement item or from an existing type of procurement item to another type that (a) constitute a measurably large amount that would likely have an influence or effect on the award of a contract if
Made with FlippingBook flipbook maker