When buying a procurement item from a multiple award contract solicited through an invitation for bids, the District shall follow the following methods, depending on how the contracts were awarded. 1. When the contracts were awarded to all bids within a specified percentage, the District will obtain a minimum of two quotes for the procurement item and place the order for the procurement item with the vendor or contractor with the lowest quoted price. (This requirement does not apply if there is only one bidder award for the particular procurement item or only one bidder is awarded per geographical area.) 2. When the contracts were awarded to all responsive and responsible bidders, the District will place the order for the procurement item with the lowest bidder on contract unless the lowest bidder cannot provide the needed procurement item, then the order may be placed with the second lowest bidder unless the second lowest bidder cannot provide the needed procurement item and on, in order, from lowest bidder to highest bidder. 3. When the contracts were awarded based on some other methodology, the District will place the order in accordance with instructions contained in the contract for the procurement item. 4. When the contracts were awarded based on the lowest bidder by category, the District will place the order for the procurement item with the bidder awarded the contract for the applicable category. 5. When the contracts were awarded based on the lowest bidder by line item, the District will place the order for the procurement item with the bidder awarded the contract for the applicable line item. When buying a procurement item from a multiple award contract solicited through a request for proposals, the District may place orders with any vendor or contractor under contract based on which procurement item best meets the needs of the District. Contracts awarded through the request for proposals process are awarded based on best value as determined by cost and non-price criteria specified in the request for proposals. As a result, all vendors, contractors and procurement items under contract issued through a request for proposals have been determined to provide best value to the District buying from these contracts. The District may not use a multiple award contract to steer purchases to a favored vendor or use any other means or methods that do not result in fair consideration being given to all vendors that have been awarded a contract under a multiple award. Utah Admin. Rules R33-12-301b (June 21, 2017) Primary and secondary contracts Designations of multiple award contracts as primary and secondary may be made provided a statement to that effect is contained in the solicitation documents. When the Procurement Officer or Board of Education or its designee determines that the need for procurement items will exceed the capacity of any single primary contractor, secondary contracts may be awarded to additional contractors. Purchases under primary and secondary contracts shall be made, initially to the primary contractor offering the lowest contract price until the primary contractor's capacity has been reached or the items are not available from the primary contractor, then to secondary contractors in progressive order from lowest price or availability to the next lowest price or availability, and so on. Utah Admin. Rules R33-12-302 (June 21, 2017)
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