3. The District makes a reasonable effort to invite all known vendors to bid, provide quotes, or submit statements of qualifications and all but one of the invited vendors contacted fail to bid, provide quotes, or submit statements of qualifications. (For purposes of this requirement, “reasonable effort” means that the required public notice has been given, or that an electronic or manual search for vendors within the specific industry fails to identify any vendors willing to submit bids or provide quotes, or contacting industry-specific associations or manufacturers for the names of vendors within that industry, or a determination by the Procurement Officer or the Board or its designee that a reasonable effort has been made.) In addition to meeting one of the above conditions, the Procurement Officer or the Board or its designee considers whether pricing is fair and reasonable as set forth in Utah Admin. Rule R33-6- 109(1), whether to cancel the procurement as set forth in Utah Admin. Rule R33-9-103, and the appropriateness of any bid security requirements under Utah Admin. Rule R33-11-202. The Procurement Officer or the Board or its designee must maintain records documenting the circumstances and reasons why fewer than two bids, quotes, or statements of qualifications were obtained. Utah Admin. Rules R33-4-109 (June 21, 2017) 1.1010.11 BOARD OF EDUCATION AUTHORITY REGARDING PROCUREMENT AND CONTRACTS Issue Date: 12/13/18 CBA The Board of Education has authority to (1) manage and supervise any procurement to ensure, to the extent practicable, that taxpayers receive the best value; (2) prepare and issue standard specifications for procurement items; and (3) review contracts, coordinate contract compliance, conduct contract audits, and approve change orders. The Board of Education may delegate its duties and authorities to an employee of the District as the Board determines is appropriate. At any stage of the procurement process, upon determining that a District procurement is out of compliance with the Utah Procurement Code or governing regulations, the Board of Education or its designee may correct, amend, or cancel the procurement. If, at any time during the term of a contract awarded by the District, the Board of Education or its designee determines that the contract is out of compliance with the Utah Procurement Code or governing regulations, the Board of Education or its designee may correct or amend the contract to bring it into compliance or cancel the contract, after consulting with legal counsel, if the Board of Education or its designee determines that correcting, amending, or canceling the contract is in the District’s best interest. Utah Code § 63G-6a-106(4)(e), (g) (2016)
1.1010.12 CORRECTION OF IMMATERIAL ERRORS Issue Date: 12/13/18 CBA
A “solicitation” is an invitation for bids, request for proposals, request for statement of qualifications, or request for information. A “vendor” is a person who seeks to enter into a contract with the District to provide a procurement item and includes a bidder, an offeror, an approved vendor; and a design professional.
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