Updated: 5/12/22 CBA Solicitations for procurements issued by the District shall include specifications. Each specification shall be drafted with the objective of clearly describing the District’s requirements and encouraging competition and shall emphasize the functional or performance criteria necessary to meet the District’s needs. A person with a conflict of interest, or who anticipates responding to the proposal for which the specifications are written, may not participate in writing specifications. The District may retain the services of a person to assist in writing specifications, scopes of work, requirements, qualifications, or other components of a solicitation. However, a person retained to assist in writing specifications may not, at any time during the procurement process, be employed in any capacity by, nor have an ownership interest in, an individual, public or private corporation, governmental entity, partnership, or unincorporated association bidding on or submitting a proposal in response to the solicitation. (This restriction does not apply to design-build construction projects or to a procurement that the Procurement Official or Board of Education or its designee determines in writing that the restriction should not apply.) Violations may result in the bidder or offeror being declared ineligible for award of the contract, the solicitation being canceled, termination of an awarded contract, or any other action determined to be appropriate by the Board of Education or its designee. Brand name or equal specifications may be used when the phrase “or equivalent” is included within the specification and as many other brand names as practicable are also included in the specification. Brand name or equal specifications shall include a description of the particular design and functional or performance characteristics required. Specifications unique to the brands shall be described in sufficient detail that another person can respond with an equivalent brand. If only one brand can meet the requirement, the District shall solicit from as many providers of the brand as practicable. If there is only one provider that can meet the requirement, the District shall conduct the procurement as a sole source procurement in accordance with Policy CBF. When a manufacturer’s specification is used in a solicitation, the solicitation shall state the minimum acceptable requirements of an equivalent. When practicable, the District shall name at least three manufacturer's specifications. Utah Code § 63G-6a-111 (2016) Utah Admin. Rules R33-4-103 (January 22,2021)
1.1010.07 PROCUREMENT NOTICE REQUIREMENTS Issue Date: 5/8/14 Updated: 5/12/22 CBA
The District shall post notice of a solicitation in one or more of the following ways: • on the District’s main web site; or • The notice shall be posted at least seven days before the day of the deadline for submitting a solicitation response. This notice period may be reduced if the Procurement Official signs a written statement that a shorter time is needed and that it has been determined that competition from multiple sources may be obtained within that shorter time period. on a state web site that is owned, managed by, or provided under contract with, the Utah Division of Purchasing and General Services for posting a public procurement notice.
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