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UTAH COUNTYDIVISION OF PURCHASINGUTAH COUNTY PROCUREMENT RULES AND REGULATIONS
PART 1 DEFINITIONS 1-5 PART 2 PROCUREMENT ORGANIZATION 2-6 2-101 Delegation of Authority of the Chief Purchasing Agent 2-6 2-102 Authority to make Small Purchases 2-6 2-103 Authority of Purchasing Agents 2-6 PART 3 SOURCE SELECTION AND CONTRACT FORMATION 3-7 Subpart 3-1 Competitive Sealed bidding; Multi-Step Seal Bidding 3-7 3-101 Content of the Invitation for Bids 3-7 3-102 Bidding Time 3-7 3-103 Bidder Submissions 3-7 3-104 Public Notice 3-8 3-105 Bidder List; Pre-qualification 3-9 3-106 Pre-Bid Conferences 3-9 3-107 Amendments to Invitation for Bids 3-10 3-108 Pre-Opening Modification or Withdrawal of Bids 3-10 3-109 Late Bids, Late Withdrawals, and Late Modifications 3-11 3-110 Receipt, Opening, and Recording of Bids 3-11 3-111 Mistakes in Bids 3-11 3-112 Bid Evaluation and Award 3-13 3-113 Tie Bids 3-15 3-114 Multi-Step Sealed Bidding 3-16 3-115 Pre-Bid Conferences in Multi-Step Sealed Bidding 3-16 3-116 Procedure for Phase One of Multi-Step Sealed Bidding 3-17 3-117 Mistakes During Multi-Step Sealed Bidding 3-18 3-118 Carrying Out Phase Two 3-19 3-119 Purchase of Items Separately from Construction Contract 3-19 3-120 Exceptions to Competitive Sealed Bid Process 3-19
Subpart 3-2 Competitive Sealed Proposals 3-20 3-201 Use of Competitive Sealed Proposals 3-20 3-202 Content of the Request for Proposals 3-21 3-203 Proposal Preparation Time 3-21 3-204 Form of Proposal 3-21 3-205 Public Notice 3-21 3-206 Pre-Proposal Conferences 3-21 3-207 Amendments to Request for Proposals 3-22 3-208 Modification of Withdrawal of Proposals 3-22 3-209 Late Proposals, Late Withdrawals and Late Modifications 3-22 3-210 Receipt and Registration of Proposals 3-22 3-211 Evaluation of Proposals 3-23 3-212 Proposal Discussion with Individual Offerors 3-23 3-213 Mistakes in Proposals 3-24 3-214 Award 3-25 3-215 Publicizing Awards 3-25 3-216 Exceptions to Competitive Sealed Proposal Process 3-25
Subpart 3-3 Small Purchases 3-27 3-301 Authority to Make Small Purchases 3-27 3-302 Small Purchases or Supplies, Services or Construction Between $1,000 and $10,000 3-27 3-303 Small Purchases of $1,000 or Less 3-28 3-304 Small Purchases of Services of Professionals Providers and Consultants 3-28 Subpart 3-4 Sole Source Procurement 3-29 3-401 Conditions for Use of Sole Source Procurement 3-29 3-402 Negotiation in Sole Source Procurement 3-29 3-403 Unsolicited Offers 3-29 Subpart 3-5 Emergency Procurements 3-31 3-501 Definition of Emergency Conditions 3-31 3-502 Scope of Emergency Procurements 3-31 3-503 Authority to Make Emergency Procurements 3-31 3-504 Source Selection Methods 3-31 3-505 Determination of Emergency Procurement 3-31 Subpart 3-6 Responsibility 3-32 3-601 Standard of Responsibility 3-32 3-602 Ability to Meet Standards 3-32 3-603 Written Determination of Nonresponsibility Required 3-33 Subpart 3-7 Type of Contracts 3-34 3-701 Policy Regarding Selection of Contract Types 3-34 3-702 Fixed-Price Contracts 3-35 3-703 Cost-Reimbursement Contracts 3-36 3-704 Cost Incentive Contracts 3-37 3-705 Performance Incentive Contracts 3-38 3-706 Time and Materials Contracts; Labor Hour Contracts 3-38 3-707 Definite Quantity and Indefinite Quantity Contracts 3-39 3-708 Progressive and Multiple Awards 3-39 3-709 Leases 3-40 3-710 Multi-Year Contracts; Installment Payments 3-41 3-711 Contract Option 3-41 Subpart 3-8 Cost or Pricing Data and Analysis; Audits 3-42 3-801 Scope 3-42 3-802 Requirement for Cost or Pricing Data 3-42 3-803 Submission of Cost or Pricing Data & Certification 3-43 3-804 Certificate of Current Cost or Pricing Data 3-43 3-805 Defective Cost or Pricing Data 3-45 3-806 Price Analysis Techniques 3-45 3-807 Cost Analysis Techniques 3-46 3-808 Audit 3-46 3-809 Retention of Books and Records 3-47 Subpart 3-9 Plant or Site Inspection; Inspection of Supplies or Services 3-48 3-901 Inspection of Plant or Site 3-48 3-902 Access to Plant or Place of Business 3-48 3-903 Inspection of Supplies & Services 3-48 3-904 Conduct of Inspections 3-49 3-905 Inspection of Construction Projects 3-49 PART 4 SPECIFICATIONS 4-50 Subpart 4-1 General Provisions 4-50 4-101 General Purpose and Policies 4-50 4-102 Availability of Documents 4-50 4-103 Emergency Authority 4-50 4-104 Procedures for the Development of Specifications 4-50 PART 5 EXEMPTIONS FROM COMPETITIVE BIDDING REQUIREMENTS 5-54 PART 6 MODIFICATION & TERMINATION OF CONTRACTS FOR SUPPLIES AND SERVICES 6-55 6-101 Revisions to Contract Clauses 6-55 6-102 Changes Clause 6-55 6-103 Stop Work Order Clause 6-56 6-104 Variations in Estimated Quantities Clause 6-57 6-105 Price Adjustment Clause 6-58 6-106 Termination for Default Clause 6-58 6-107 Liquidated Damages Clause 6-59 6-108 Termination for Convenience Clause 6-60 6-109 Novation, Assignment or Change of Name 6-61 PART 7 COST PRINCIPLES 7-63 7-101 Applicability of Cost Principles 7-63 7-102 Allowable Costs 7-63 7-103 Reasonable Costs 7-64 7-104 Allocable Costs 7-65 7-105 Treatment of Specific Costs 7-66 7-106 Cost Requiring Prior Approval to be Allowable 7-70 7-107 Applicable Credits 7-71 7-108 Advance Agreements 7-71 7-109 Use of Federal Cost Principles 7-72 7-710 Authority to Deviate from Cost Principles 7-72 PART 8 PROPERTY MANAGEMENT 7-73 Subpart 8-1 Property Management Responsibilities 8-73 8-801 Quality Assurance, Inspection, and Testing 8-73 8-102 Warehousing and Storage 8-73 8-103 Inventory Management 8-73
Subpart 8-2 Disposition Process 8-73 8-201 Authority of Purchasing Agent 8-73 8-202 Report of Surplus Property 8-73 8-203 Transfer of Surplus Property 8-74 8-204 Sale of Surplus Property 8-74 PART 9 INSURANCE PROCUREMENT 9-76 9-101 Standard Bidding Method 9-76 9-102 Alternate Bidding Method 9-76 PART 1 DEFINITIONS Actual Costs means direct and indirect costs which have been incurred for services rendered, supplies delivered, or construction built, as distinguished from allowable costs. Adequate Price Competition means when competitive sealed proposals are solicited and at least two responsible offerors independently contend for a contract to be awarded to the responsible offeror submitting the lowest evaluated price by submitting priced best and final offers meeting the requirements of the request for proposals. If the foregoing conditions are met, price competition shall be presumed to be "adequate" unless the purchasing agent determines that such competition is not adequate. Brand Name or Equal Specification means a specification which uses a brand name specification to describe the standard of quality, performance, and other characteristics being solicited, and which invites the submission of equivalent products. Brand Name Specification means a specification calling for one or more products by manufacturers' names or catalogue numbers. Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. Change Order means a written order signed by the purchasing agent, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the purchasing agent to order without the consent of the contractor or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Chief Purchasing Agent means the purchasing agent for Utah County. Construction means the process of building, renovating or demolishing any public structure or building, major developmental work, or landscaping of public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. Consultant Services means work, rendered by either individuals or firms who possess specialized knowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis, or advise in formulating or implementing programs or services or improvements in programs or services, including but not limited to such areas as management, personnel, finance, accounting, planning, and data processing. Contract means any County agreement for the procurement or disposal of supplies, services, or construction. Cooperative Purchasing means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement unit. Cost Analysis means the evaluation of cost data for the purpose of arriving at estimates of costs to be incurred, prices to be paid, cost to be reimbursed, or costs actually incurred. Cost Data means factual information concerning the cost of labor, material, overhead, and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract. Cost Objectives means a function, organizational subdivision, contract, or any other work unit for which provision is made to accumulate and measure the cost of processes, products, jobs, capitalized projects, and similar items. Cost Reimbursement Contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provision of this Chapter, and a fee, if any. Discussions as used in source selection means negotiation during which the seller or buyer may alter or otherwise change the terms, price or other provisions of the proposed contract. Discussion can be conducted under competitive sealed proposals, sole source, and emergency procurements; such discussion is not permissible under competitive sealed bidding except to the extent in the first phase of multi-step bidding. Established Catalogue Price means the price included in a catalogue, price list, schedule, or other form that is regularly maintained by a manufacturer or contractor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved. Trade discounts must be recognized in establishing any price. External Procurement Unit means any buying organization not located in this County which, if located in this County, would qualify as a public procurement unit. Grant means the furnishing by the County or by any other public or private source of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction; a contract resulting from such an award is not a grant, but a procurement contract. Invitation for Bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids. Lease means a contract for the use of equipment or real property under which title does not pass to the purchasing agency. Local Public Procurement Unit means any political subdivision or institution of higher education of the County or public agency of any subdivision, public authority, education, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction, but not counties or municipalities. It includes two or more local public procurement units acting under legislation which authorizes intergovernmental cooperation. Person means any business, individual, union, committee, club, other organization, or group of individuals, not including a County agency or a local public procurement unit. Preferred bidder means a bidder that is entitled to receive a reciprocal preference under the requirements of this Chapter. Prequalification for Inclusion on Bidders Lists means determining that a prospective bidder or offeror satisfies the criteria established for receipt of solicitations when and as issued. Price Analysis means the evaluation of price data without analysis of the separate cost components and profit which may assist in arriving at prices to be paid or costs to be reimbursed. Price Data means factual information concerning prices for supplies, services, or construction substantially identical to those being procured. Prices in this definition refer to offered or proposed selling prices. The definition refers to data relevant to both prime and subcontract prices. Procurement means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation, and award of a contract, and all phases of contract administration. Professional Services means work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, including but not limited to accounting and auditing, court reporters, X-ray technicians, legal, medical, nursing, education, engineering, actuarial, architecture, veterinarians, and research. The knowledge is founded upon prolonged and specialized intellectual training which enables a particular service to be rendered. The word "professional" implies professed attainments in special knowledge as distinguished from mere skills. Property means all real property and/or personal property owned by a purchasing agency. Providers means suppliers of services, which might be termed "personal services", to benefit citizens of the County which services otherwise might be performed by its own employees. For example, the County might contract with a school to conduct a training program for the handicapped. Similarly, the County might contract with persons to provide foster homes for children. It will be necessary to ascertain on a case-by-case basis whether the services to be rendered will involve extended analysis and significant features of judgment. Public Procurement Unit means either a local public procurement unit or a county public procurement unit. Purchase Description means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to or made a part of the solicitation. Purchasing Agency means any County department other than the purchasing office which is authorized by this Chapter or its implementing regulations, or by way of delegation from the purchasing agent, to enter into contracts. Purchasing Agent means the individual duly appointed and qualified to act under the direction of the Board of County Commissioners to negotiate for the purchase of or contract for all supplies and materials required by the County. Qualified Products List means a list of supplies, services, or construction items described by model or catalogue numbers, which, prior to solicitation, the purchasing agency has determined will meet the applicable specification requirements. Request for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Responsible Bidder or Offeror means a person who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability which will assure good faith performance. Responsive Bidder means a person who has submitted a bid which conforms in all material respects to the Invitation for Bids. Services means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. It does not include employment agreements or collective bargaining agreements. Solicitation means an Invitation for Bids, a Request for Proposals, or any other document, such as a request for quotations, issued by the purchasing agency for the purpose of soliciting offers to perform a contract. Specification means any description of the physical, or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery. County Agency means any department, division, commission, council, board, bureau, committee, institution, government corporation, or other establishment or official of this County. County Public Procurement means the purchasing division and any other purchasing division or any other purchasing agency of this County. Suppliers means prospective bidders or offerors. Supplies means all property, including but not limited to equipment, materials, and printing. Surplus Supplies means any supplies that are no longer needed for public use. It includes expendable supplies, scrap materials, and nonexpendable supplies that have completed their useful life cycle. Using Agency means any County agency which utilizes any supplies, services, or construction procured under the Utah County Procurement Rules and Regulations. PART 2 PROCUREMENT ORGANIZATION 2-101 Delegation of Authority of the Chief Purchasing Agent. The purchasing agent may delegate in writing such authority as deemed appropriate to any employees of the office of the purchasing agent or of a purchasing agency, respectively, upon approval of the Board of County Commissioners. Such delegations shall remain in effect unless modified or until revoked in writing. 2-102 Authority to Make Small Purchases. (1) General. The purchasing agent may delegate to the head of any department (or their authorized agent) the authority to make a purchase expected to be less than $1,000.00 for supplies and services. Any such delegation shall be in writing and may be limited as the purchasing agent directs. (2) Purchasing Agencies Shall Make Small Purchases Pursuant to Regulations. Department heads (or their authorized agent) shall exercise such authority as may be delegated, and such small purchases shall be made pursuant to Subpart 3-3 (Small Purchases) of Part 3 (Source Selection and Contract Formation) of these regulations. 2-103 Authority of Purchasing Agents. The purchasing agent may take any action of a procurement nature to advance economic well-being and efficient operation of the County so long as that action is not in conflict with the Utah County Procurement Rules and Regulations. PART 3 SOURCE SELECTION AND CONTRACT FORMATION SUBPART 3-1 -- COMPETITIVE SEALED BIDDING; MULTI-STEP SEAL BIDDING 3-101 Content of the Invitation For Bids. (1) Use. The Invitation for Bids is used to initiate a competitive sealed bid procurement. (2) Content. The Invitation for Bids include the following: (a) Instructions and information to bidders concerning the bid submission requirements, including the time and closing date for submission of bids, the address of the office to which bids are to be delivered, and any other special information; (b) The purchase description, evaluation factors, delivery or performance schedule, and inspection and acceptance requirements not included in the purchase description; and (c) The contract terms and conditions, including warranty and bonding or other security requirements, as applicable. (3) Incorporation by Reference. The Invitation for Bids may incorporate documents by reference provided that the Invitation for Bids specifies where such documents can be obtained. (4) Acknowledgment of Amendments. The Invitation for Bids shall require the acknowledgment of the receipt of all amendments issued. 3-102 Bidding Time. Bidding time is the period of time between the date of distribution of the Invitation for Bids and the date set for opening of bids. In each case bidding time will be set to provide bidders a reasonable time to prepare their bids. A minimum of 10 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the purchasing agent. 3-103 Bidder Submissions. (1) Bid Form. The Invitation for Bids shall provide a form which shall include space in which the bid price shall be inserted and which the bidder shall sign and submit along with all other necessary submissions. (2) Facsimile Bids. The Invitation for Bids may state that facsimile bids will be considered whenever they are received in hand at the designated office by the time specified for bid opening. Such facsimile bids shall contain specific reference to the Invitation for Bids, the time and place of delivery, and a statement that the bidder agrees to all the terms, conditions, and provisions of the Invitation for Bids. Bidders submitting facsimile bids shall submit a formal bid on the Invitation for Bids form within three days of the bid opening date or a time designated by the purchasing agent. (3) Bid Samples and Descriptive Literature. (a) Descriptive literature means information available in the ordinary course of business which shows the characteristics, construction, or operation of an item and assists the purchasing agency in considering whether the item meets requirements or criteria set forth in the invitation. (b) Bid sample means a sample to be furnished by a bidder to show the characteristics of the item offered in the bid. (c) Bid samples or descriptive literature may be required when it is necessary to evaluate required characteristics of the items bid. (d) Samples of items, when called for in the Invitation for Bids, must be furnished free of expense, and if not destroyed by testing, will upon request, be returned at the bidder's expense. Samples submitted by the successful bidder may be held for comparison with merchandise furnished and will not necessarily be returned. Samples must be labeled or otherwise identified as called for by the purchasing agency. (4) Bid Security. Bid and performance bonds or other security may be required for supply contracts or service contracts as the purchasing agent deems advisable to protect the interests of the purchasing agency. Any such requirements must be set forth in the solicitation. Bid or performance bonds should not be used as a substitute for a determination of a bidder or offeror responsibility. (5) Bid Price. Bid prices submitted in response to an invitation for bids must stand alone and may not be dependent upon a bid submitted by any other bidder. A bid reliant upon the submission of another bidder will not be considered for award. 3-104 Public Notice. (1) Distribution. Invitation for Bids or notices of the availability of Invitation for Bids shall be mailed or otherwise furnished to a sufficient number of bidders for the purpose of securing reasonable competition. Notices of availability shall indicate where, when, and for how long Invitation for Bids may be obtained; generally describe the supply, service, or construction desired; and may contain other appropriate information. (See also Section 3-105 (Bidder Lists).) Where appropriate, the purchasing agent may require payment of a fee or a deposit for the supplying of the Invitation for Bids. (2) Publication. Every procurement in excess of $20,000 shall be publicized in any or all of the following: (a) in a newspaper of general circulation; (b) in a newspaper of local circulation in the area pertinent to the procurement; (c) in industry media; or (d) in a government publication designed for giving public notice. (3) Public Availability. A copy of the Invitation for Bids shall be made available for public inspection at the purchasing agent's office. 3-105 Bidder List; Prequalification. (1) Purpose. Lists of qualified prospective bidders may be compiled and maintained by purchasing agencies for the purpose of soliciting competition on various types of supplies, services, and construction. Qualifications for inclusion on the lists may include such considerations as legal competence to contract and capabilities for production and distribution. However, solicitations shall not be restricted to prequalified suppliers, and unless otherwise provided inclusion or exclusion on the name of a business does not determine whether the business is responsible with respect to a particular procurement or otherwise capable of successfully performing a contract. (2) Public Availability. Subject to procedures established by the purchasing agent, names and addresses on bidder lists shall be available for public inspection. 3-106 Pre-Bid Conferences. Pre-bid conferences may be conducted to explain the procurement requirements. They shall be announced to all prospective bidders known to have received an Invitation for Bids. The conference should be held long enough after the Invitation for Bids has been issued to allow bidders to become familiar with it, but sufficiently before bid opening to allow consideration of the conference results in preparing their bids. Nothing stated at the pre-bid conference shall change the Invitation for Bids unless a change is made by written amendment as provided in Section 3-107 (Amendments to Invitation for Bids) and the Invitation for Bids and the notice of the pre-bid conference shall so provide. If a written summary of the conference is deemed advisable by the purchasing agent, a copy shall be supplied to all those prospective bidders known to have received an Invitation for Bids and shall be available as public record. 3-107 Amendments to Invitation for Bids. (1) Application. Amendments should be used to: (a) make any changes in the Invitation for Bids such as changes in quantity, purchase descriptions, delivery schedules, and opening dates; (b) correct defects or ambiguities; or (c) furnish to other bidders information given to one bidder if such information will assist the other bidders in submitting bids or if the lack of such information would be equitable to other bidders. (2) Form. Amendments to Invitation for bids shall be identified as such and shall require that the bidder acknowledge receipt of all amendments issued. (3) Distribution. Amendments shall be sent to all prospective bidders known to have received an Invitation for Bids. (4) Timeliness. Amendments shall be distributed within a reasonable time to allow prospective bidders to consider them in preparing their bids. If the time set for bid opening will not permit such preparation, to the extent possible such time shall be increased in the amendment or, if necessary, by telegram or telephone and confirmed in the amendment. 3-108 Pre-Opening Modification of Withdrawal of Bids. (1) Procedure. Bids may be modified or withdrawn by written or telegraphic notice received in the office designated in the Invitation for Bid prior to the time set for bid opening. A telegraphic modification or withdrawal received by telephone prior to bid opening from the receiving telegraph company will be effective if the telegraph company confirms the message by sending a copy of the written telegram showing that the message was received at such office prior to bid opening. (2) Disposition of Bid Security. Bid security, if any, shall be returned to the bidder when withdrawal of the bid is permitted. (3) Records. All documents relating to the modification or withdrawal of bids shall be made a part of the appropriate procurement file. 3-109 Late Bids, Late Withdrawal, and Late Modifications. Any bid, withdrawal, or modification received at the address designated
in the Invitation for Bids after the time and date set for 3-110 Receipt, Opening, and Recording of Bids. (1) Receipt. Upon receipt, all bids and modifications will be time stamped, but not opened. They shall be stored in a secure place until bid opening time. (2) Opening and Recording. Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time and place designated in the Invitation for Bids. The names of the bidders, the bid price, and such other information as is deemed appropriate by the purchasing agent, shall be read aloud or otherwise be made available. The opened bids shall be available for public inspection except to the extent the bidder designates trade secrets or other proprietary data to be confidential as set forth in Subsection (3) of this Section. Material so designated shall accompany the bid and shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid. Make and model, and model or catalogue numbers of the items offered, deliveries, and terms of payment shall be publicly available at the time of bid opening regardless of any designation to the contrary. (3) Confidential Data. The purchasing agent shall examine the bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. If the parties do not agree as to the disclosure of data, the purchasing agent shall inform the bidders in writing what portions of the bids will be disclosed. 3-111 Mistakes in Bids. (1) If a mistake is attributable to an error judgment, the bid may not be corrected. Bid correction or withdrawal by reason of an inadvertent, nonjudgmental mistake is permissible, but at the discretion of the purchasing agent and to the extent it is not contrary to the interest of the purchasing agency or the fair treatment of the other bidders. (2) Mistakes Discovered Before Opening. A bidder may correct mistakes discovered before bid opening by withdrawing or correcting the bid as provided in Section 3-108 (Pre-Opening Modification or Withdrawal of Bids). (3) Confirmation of Bid. When it appears from a review of the bid that a mistake has been made, the bidder should be requested to confirm the bid. Situations in which confirmation should be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges mistake, the bid may be corrected or withdrawn if the conditions set forth in Subsection (1), (4) and (6) of this Section are met. (4) Mistakes Discovered After Opening But Before Award. This Subsection sets forth procedures to be applied in three situations described in paragraphs (a), (b) and (c) below in which mistakes in bids are discovered after opening but before award. (a) Minor Informalities. Minor informalities are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is not significant. The purchasing agent may waive such informalities. Examples include the failure of a bidder to: (i) return the number of signed bids required by the Invitation for Bids; (ii) sign the bid, but only if the unsigned bid is accompanied by other material indicating the bidder's intent to be bound; (iii) acknowledge receipt of an amendment to the Invitation for Bids, but only if: (A) it is clear from the bid that the bidder received the amendment and intended to be bound by its terms; or (B) the amendment involved had a negligible effect on price, quantity, quality, or delivery. (b) Mistakes Where Intended Bid is Evident. If the mistake and the intended bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. (c) Mistakes Where Intended Bid is not Evident. A bidder may be permitted to withdraw a low bid if: (i) a mistake is clearly evident on the face of the bid document but the intended bid is not similarly evident; or (ii) The bidder submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made. (5) Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract. (6) Written Approval or Denial Required. The purchasing agent shall approve or deny, in writing, a bidder's request to correct or withdraw a bid. Such approval or denial may be so indicated on the bidder's written request for correction or withdrawal. 3-112 Bid Evaluation and Award. (1) General. The contract is to be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids. The Invitation for Bids shall set forth the requirements and criteria which will be used to determine the lowest responsive and responsible bidder. No bid shall be evaluated for any requirements or criteria that are not disclosed in the Invitation for Bids. An Invitation for Bids, a Request for Proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, when it is in the best interest of the purchasing agency, as determined by the purchasing agency. In the event of cancellation of the solicitation or rejection of all bids or proposals received in response to a solicitation, the reasons for cancellation or rejection shall be made a part of the bid file and shall be available for public inspection and the purchasing agency shall (a) re-solicit new bids using the same or revised specifications; or (b) withdraw the requisition for supplies or services. (2) Responsibility and Responsiveness. Responsibility of prospective contractors is covered by Subpart 3-7 (Responsibility and Prequalification) of these regulations. (3) Product Acceptability. The Invitation for Bids shall set forth the evaluation criteria to be used in determining product acceptability. It may require the submission of bid samples, descriptive literature, technical data, or other material. It may also provide for: (a) inspection or testing of a product prior to award for such characteristics as quality or workmanship; (b) examination of such elements as appearance, finish, taste, or feel; or (c) other examinations to determine whether it conforms with any other purchase description requirements. The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offering is acceptable as set forth in the Invitation for Bids. Any bidder's offering which does not meet the acceptability requirements shall be rejected. (4) Determination of Lowest Bidder. Bids will be evaluated to determine overall economy for the intended use, in accordance with the evaluation criteria set forth in the Invitation for Bids. Examples of such criteria include but ar not limited to, transportation cost, energy cost, ownership and other identifiable costs or life-cycle cost formula. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible such evaluation factors shall; (a) be reasonable estimates based on upon information the purchasing agency has available concerning future use; and (b) treat all bids equitably. (5) Extension of Time for Bid or Proposal Acceptance. After opening bids or proposals, the purchasing agent may request bidders or offerors to extend the time during which their bids or proposals may be accepted, provided that, with regard to bids, no other change is permitted. The reasons for requesting such extension shall be documented. (6) Only One Bid or Proposal Received. If only one responsive bid is received in response to an Invitation for Bids (including multi-step bidding), an award may be made to the single bidder if the purchasing agent finds that the price submitted is fair and reasonable, and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for resolicitation. Otherwise, the bid may be rejected and: (a) new bids or offers may be solicited; (b) the proposed procurement may be canceled; or (c) if the purchasing agent determines in writing that the need for the supply of service continues but that the price of the one bid is not fair and reasonable and there is no time for resolicitation or resolicitation would likely be futile, the procurement may then be conducted under Subpart 3-4 (Sole Source Procurement) or Subpart 3-5 (Emergency Procurements), as appropriate. (7) Multiple or Alternate Bids or Proposals. Unless multiple or alternate bids or offers are specifically provided for, the solicitation shall state they will not be accepted. When prohibited, the multiple or alternate bids or offers shall be rejected although a clearly indicated base bid shall be considered for award as though it were the only bid or offer submitted by the bidder or offeror. The provisions of this subsection shall be set forth in the solicitation, and if multiple or alternate bids are allowed, it shall specify their treatment. 3-113 Tie Bids. (1) Definition. Tie bids are low responsive bids from responsible bidders that are identical in price. (2) Award. Award shall not be made by drawing lots, except as set forth below, or by dividing business among identical bidders. In the discretion of the purchasing agent, award shall be made in any permissible manner that will discourage tie bids. Procedures which may be used to discourage tie bids include: (a) where identical low bids include the cost of delivery, award the contract to the bidder farthest from the point of delivery; (b) award the contract to the identical bidder who received the previous award and continue to award succeeding contracts to the same bidder so long as all low bids are identical; (c) award to the identical bidder with the earliest delivery date; (d) award to a Utah resident bidder or for a Utah produced Product where other tie bid(s) are from out of state; or (e) if price is considered excessive or for other reason such bids are unsatisfactory, reject all bids and negotiate a more favorable contract in the open market. (f) if no permissible method will be effective in discouraging tie bids and a written determination is made so stating, award may be made by drawing lots. (3) Record. Records shall be made of all Invitations for Bids on which tie bids are received showing at least the following information: (a) the Invitation for Bids; (b) the supply, service, or construction item; (c) all the bidders and the prices submitted; and (d) procedure for resolving tie bids. 3-114 Multi-Step Sealed Bidding. (1) Definition. Multi-step sealed bidding is a two-phase process consisting of a technical first phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by the purchasing agency, and a second phase in which those bidders whose technical offers are determined to be acceptable during the first phase have their price bids considered. It is designed to obtain the benefits of competitive sealed bidding by award of a contract to the lowest responsive, responsible bidder, and at the same time obtain the benefits of the competitive sealed proposals procedure through the solicitation of technical offers and the conduct of discussions to arrive at technical offers and terms acceptable to the purchasing agency and suitable for competitive pricing. (2) Use. The multi-step sealed bidding method will be used when the purchasing agent deems it to the advantage of the purchasing agency. Multi-step sealed bidding will thus be used when it is considered desirable. (a) to invite and evaluate technical offers to determine their acceptability to fulfill the purchase description requirements; (b) to conduct discussions for the purposes of facilitating understanding of the technical offer and purchase description requirements and, where appropriate, obtain supplemental information, permit amendments of technical offers, or amend the purchase description; (c) to accomplish Subsections (a) and (b) of this section prior to soliciting priced bids; and (d) to award the contract to the lowest responsive and responsible bidder in accordance with the competitive sealed bidding procedures. 3-115 Pre-Bid Conferences in Multi-Step Sealed Bidding. Prior to the submission of unpriced technical offers, a pre-bid conference as contemplated by Section 3-106 (Pre-Bid Conferences) may be conducted by the purchasing agent. The purchasing agent may also hold a conference of all bidders in accordance with Section 3-106 at any time during the evaluation of the unpriced technical offers. 3-116 Procedure for Phase One of Multi-Step Sealed Bidding. (1) Form. Multi-step sealed bidding shall be initiated by the issuance of an Invitation for Bids in the form required by Section 3-101 (Content of the Invitation for Bids), except as hereinafter provided. In addition to the requirements set forth in Section 3-101, the multi-step Invitation for Bids shall state: (a) that unpriced technical offers are requested; (b) whether price bids are to be submitted at the same time as unpriced technical offers; if they are, such price bids shall be submitted in a separate sealed envelope; (c) that it is a multi-step sealed bid procurement, and priced bids will be considered only in the second phase and only from those bidders whose unpriced technical offers are found acceptable in the first phase; (d) the criteria to be used in the evaluation of the unpriced technical offers; (e) that the purchasing agency, to the extent the purchasing agent finds necessary, may conduct oral or written discussions of the unpriced technical offers; (f) that bidders may designate those portions of the unpriced technical offers which contain trade secrets or other proprietary data which are to remain confidential; and (g) that the item being procured shall be furnished generally in accordance with the bidder's technical offer as found to be finally acceptable and shall meet the requirements of the Invitation for Bids. (2) Amendments to the Invitation for Bids. After receipt of unpriced technical offers, amendments to the Invitation for Bids shall be distributed only to bidders who submitted unpriced technical offers and they shall be allowed to submit new unpriced technical offers or to amend those submitted. If, in the opinion of the purchasing agent, a contemplated amendment will significantly change the nature of the procurement, the Invitation for Bids shall be canceled in accordance with Subpart 3-6 (Cancellation of Solicitations) of these regulations and a new Invitation for Bid issued. (3) Receipt and Handling of Unpriced Technical Offers. Unpriced technical offers shall not be opened publicly nor be disclosed to unauthorized persons. Bidders may request nondisclosure of trade secrets and other proprietary data identified in writing. (4) Evaluation of Unpriced Technical Offers. The unpriced technical offers submitted by bidders shall be evaluated solely in accordance with the criteria set forth in the Invitation for Bids. The unpriced technical offers shall be categorized as: (a) acceptable; (b) potentially acceptable, that is, reasonably susceptible of being made acceptable; or (c) unacceptable. The purchasing agent shall record in writing the basis for finding an offer unacceptable and make it part of the procurement file. The purchasing agent may initiate phase two of the procedure if, in the purchasing agent's opinion, there are sufficient acceptable unpriced technical offers to assure effective price competition in the second phase without modification or alteration of the offers. If the purchasing agent finds that such is not the case, the purchasing agent shall issue an amendment to the Invitation for Bids or engage in technical discussions as set forth in Subsection (5) of this Section. (5) Discussion of Unpriced Technical Offers. Discussion of its technical offer may be conducted by the purchasing agent with any bidder who submits an acceptable or potentially acceptable technical offer. During the course of such discussions the purchasing agent shall not disclose any information derived from one unpriced technical offer to any other bidder. Once discussions are begun, any bidder who has not been notified that its offer has been finally found unacceptable may submit supplemental information modifying or otherwise amending its technical offer at any time until the closing date established by the purchasing agent. Such submissions may be made at the request of the purchasing agent or upon the bidder's own initiative. (6) Notice of Unacceptable Unpriced Technical Offer. When the purchasing agent determines a bidder's unpriced technical offer to be unacceptable, such officer shall notify the bidder. Such bidders shall not be afforded an additional opportunity to supplement technical offers. 3-117 Mistakes During Multi-Step Sealed Bidding. Mistakes may be corrected or bids may be withdrawn during phase one; (a) before unpriced technical offers are considered; (b) after any discussions have commenced under Section 3-118 5) (procedure for Phase One of Multi-Step Sealed Bidding, Discussion of Unpriced Technical Offers); or (c) when responding to any amendment of the Invitation for Bids. Otherwise mistakes may be corrected or withdrawal permitted in accordance with Section 3-111 (Mistakes in Bids). 3-118 Carrying Out Phase Two. (1) Initiation. Upon the completion of phase one, the purchasing agent shall either: (a) open price bids submitted in phase one (if price bids were required to be submitted) from bidders whose unpriced technical offers were found to be acceptable; provided, however, that the offers have remained unchanged, and the Invitation for Bids has not been amended; or (b) invite each acceptable bidder to submit a price bid. (2) Conduct. Phase two is to be conducted as any other competitive sealed bid procurement except: (a) as specifically set forth in Section 3-114 through Section 3-120 of these regulations; and (b) no public notice need be given of this invitation to submit 3-119 Purchase of Items Separately from Construction Contract. The purchasing agent is authorized to determine whether a supply item or group of supply items shall be included as a part of, or procured separately from, any contract for construction. 3-120 Exceptions to Competitive Sealed Bid Process. (1) The purchasing agent, head of a purchasing agency or designee may utilize alternative procurement methods (ie. Auctions, repossession sales, negotiation based upon industry indexes) to purchase items such as the following when determined to be more practicable or advantageous to the County. (a) Used vehicles (b) Livestock (2) Documentation of the alternative procurement method utilized shall be part of the contract file. PART 3 SOURCE SELECTION AND CONTRACT FORMATION SUBPART 3-2 -- COMPETITIVE SEALED PROPOSALS 3-201 Use of Competitive Sealed Proposals. (1) Appropriateness. Competitive sealed proposals may be a more appropriate method for a particular procurement or type of procurement than competitive sealed bidding, after consideration of factors such as: (a) whether there may be a need for price and service negotiation; (b) whether there may be a need for negotiation during performance of the contract; (c) whether the relative skills or expertise of the offerors will have to be evaluated; (d) whether cost is secondary to the characteristics of the product or service sought, as in a work of art; and (e) whether the conditions of the service, product or delivery conditions are unable to be sufficiently described in the Invitation for Bids. (2) Determinations. (a) Before a solicitation may be issued for competitive sealed proposals, the purchasing agent shall determine in writing that competitive sealed proposals is a more appropriate method for contracting than competitive sealed bidding. (b) The purchasing agent may make such determinations by category of supply, service, or construction item rather than by individual procurement. Procurement of the types of supplies, services, or construction so designated may then be made by competitive sealed proposals without making the determination competitive sealed bidding is either not practicable or not advantageous. The purchasing agent may modify or revoke such determination at any time and such determination should be reviewed for current applicability from time to time. (3) Professional Services. For procurement of professional services, agencies shall submit to bidding procedures wherever practicable through competitive sealed proposals. Examples of professional services difficult to bid are accounting and auditing, court reporters, x-ray technicians, legal, medical, nursing, education, engineering, actuarial, architecture, veterinarians, and research. The purchasing agent or designee may determine that for a given professional service, it is either not practicable or not advantageous for the County to procure the service by soliciting competitive sealed proposals. In the event of such a determination, the purchasing agent, head of a purchasing agency or designee may elect to utilize an alternative method, which may include, but shall not be limited to, direct negotiations with a qualified provider. 3-202 Content of the Request for Proposals. The Request for Proposals shall be prepared in accordance with Section 3-101 (Content of the Invitation for Bids) provided that it shall also include: (a) a statement that discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award, but that proposals may be accepted without such discussions; and (b) a statement of when and how price should be submitted. 3-203 Proposal Preparation Time. Proposal preparation time shall be set to provide offerors a reasonable time to prepare their proposals. A minimum of 10 working days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the purchasing agent. 3-204 Form of Proposal. The manner in which proposals are to be submitted, including any forms for that purpose, may be designated as a part of the Request for Proposals. 3-205 Public Notice. Public notice shall be given by distributing the Request for Proposals in the same manner provided for distributing an Invitation for Bids under ssection 3-104 (Public Notice). 3-206 Pre-Proposal Conferences. Pre-proposal conferences may be conducted in accordance with Section 3-106 (Pre-Bid Conferences). Any such conference should be held prior to submission of initial proposals. 3-207 Amendments to Request for Proposals. Amendments to the Request for Proposals may be made in accordance with Section 3-107 (Amendments to Invitation for Bids) prior to submission of proposals. After submission of proposals, amendments may be made in accordance with Section 3-118(2) (Procedure for Phase One of Multi-Step Sealed Bidding, Amendments to the Invitation for Bids). 3-208 Modification or Withdrawal of Proposals. Proposals may be modified or withdrawn prior to the established due date in accordance with Section 3-108 (Pre-Opening Modification or Withdrawal of Bids). For the purposes of this Section and Section 3-209 (Late Proposals, Late Withdrawals, and Late Modifications), the established due date is either the date and time announced for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the date and time by which best and final offers must be submitted, provided that only offerors who submitted proposals by the time announced for receipt of proposals may submit best and final offers. 3-209 Late Proposals, Late Withdrawals and Late Modifications. Except for modification allowed pursuant to negotiation, any proposal, withdrawal, or modification received after the established due date, as defined in Section 3-208, at the place designated for receipt of proposals is late. No late proposal, late withdrawal, or late modification will be considered unless received before contract award, and the proposal, withdrawal, or modification would have been timely but for the action or inaction of personnel directly serving the procurement activity or lateness otherwise not attributable to the offeror's fault or negligence. The purchasing agent, in consultation with the Utah County Attorney's Office, shall determine whether to accept a late proposal, late withdrawal, or late modification. All documents relating to the late bid, late withdrawal, or late modification shall be made a part of the appropriate procurement file. 3-210 Receipt and Registration of Proposals. (1) Proposals shall be opened publicly, identifying only the names of the offerors. Proposals and modifications shall be time stamped upon receipt and held in a secure place until the established due date. After the date established for receipt of proposals, a register of proposals shall be open to public inspection and shall include for all proposals the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the supply, service, or construction item offered. Prior to award proposals and modifications shall be shown only to purchasing agency personnel having a legitimate interest in them. (2) Proposals of the successful offeror(s) shall be open to public inspection for a period of 90 days after award of the contract. Proposals of offerors who are not awarded contracts shall not be open to public inspection. (3) If the offeror selected for award has requested in writing the non-disclosure of trade secrets and other proprietary data so identified, the head of the agency conducting the procurement or a designee of such officer shall examine the request in the proposal to determine its validity prior to award of the contract. If the parties do not agree as to the disclosure of data in the contract, the head of the agency conducting the procurement or a designee of such officer shall inform the offeror in writing what portion of the proposal will be disclosed and that, unless the offeror withdraws the proposal it will be disclosed. 3-211 Evaluation of Proposals. (1) Evaluation Factors in the Request for Proposals. The Request for Proposals shall state all of the evaluation factors and their relative importance, including price. (2) Evaluation. The evaluation shall be based on the evaluation factors set forth in the Request for Proposal. Numerical rating systems may be used but are not required. Factors not specified in the Request for Proposals shall not be considered in determining award of contract. (3) Classifying Proposals. For the purpose of conducting discussions under Section 3-212 (Proposal Discussions with Individual Offerors) proposals shall be initially classified as: (a) acceptable. (b) potentially acceptable, that is, reasonably susceptible of being made acceptable; or (c) unacceptable. 3-212 Proposal Discussion with Individual Offerors. (1) "Offerors" Defined. For the purposes of this Section, the term "offerors" include only those businesses submitting proposals that are acceptable or potentially acceptable. The term shall not include businesses which submitted unacceptable proposals. (2) Purposes of Discussions. Discussions are held to facilitate and encourage an adequate number of potential contractors to offer their best proposals, by amending their original offers, if needed. (3) Conduct of Discussions. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. The purchasing agent should establish procedures and schedules for conducting discussions. If during discussions there is a need for clarification or change of the Request for Proposals, it shall be amended to incorporate such clarification or change. See Part 3-2, page 4 of 6. (4) Best and Final Offers. The purchasing agent shall establish a common time and date for submission of best and final offers. Best and final offers shall be submitted only once unless the purchasing agent makes written determination before each subsequent round of best and final offers demonstrating another round is in the purchasing agency's interest, and additional discussions will be conducted or the purchasing agency's requirements will be changed. Otherwise, no discussion of, or changes in, the best and final offers shall be allowed prior to award. Offerors shall also be informed that if they do not submit a notice of withdrawal or another a best and final offer, their immediate previous offer will be construed as their best and final offer. 3-213 Mistakes in Proposals. (1) Mistakes Discovered Before the Established Due Date. An offeror may correct mistakes discovered before the time and date established for receipt of proposals by withdrawing or correcting the proposal as provided in Section 3-208 (Modification or Withdrawal of Proposals). (2) Confirmation of Proposal. When it appears from a review of the proposal before award that a mistake has been made, the offeror should be asked to confirm the proposal. If the offeror alleges mistake, the proposal may be corrected or withdrawn during any discussions that are held or if the conditions set forth in Subsection (4) of this Section are met. (3) Mistakes Discovered After Receipt But Before Award. This Subsection sets forth to be applied in four situations in which mistakes in proposals are discovered after receipt of proposals but before award. (a) During Discussions; Prior to Best and Final Offers. Once discussions are commenced with any offeror or after best and final offers are requested, any offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers. (b) Minor Informalities. Minor informalities, unless otherwise corrected by an offeror as provided in this Section, shall be treated as they are under competitive sealed bidding. (See Section 3-111(4) (a) (Mistakes in Bids, Mistakes Discovered After Opening But Before Award).) (c) Correction of Mistakes. If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected and the correct offer considered only if: (i) the mistake and the correct offer are clearly evident on the face of the proposal in which event the proposal may not be withdrawn; or (ii) the mistake is not clearly evident on the face of the proposal, but the offeror submits proof of evidentiary value which clearly and convincingly demonstrates both the existence of a mistake and the correct offer and such correction would not be contrary to the fair and equal treatment of other offerors. (d) Withdrawal of Proposals. If discussions are not held, or if the best and final offers upon which award will be made have been received, the offeror may be permitted to withdraw the proposal if: (i) the mistake is clearly evident on the face of the proposal and the correct offer is not; or (ii) the offeror submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made but does not demonstrate the correct offer or, if the correct offer is also demonstrated, to allow correction on the basis of such proof would be contrary to the fair and equal treatment of other offerors. (4) Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract. 3-214 Award. (1) Award Documentation. A written determination shall be made showing the basis on which the award was found to be most advantageous to the purchasing agency based on the factors set forth in the Request for Proposals. (2) One Proposal Received. If only one proposal is received in response to a Request for Proposals, the purchasing agent may, as such agent deems appropriate, either make an award or, if time permits, resolicit for the purpose of obtaining additional competitive sealed proposals. 3-215 Publicizing Awards. (1) After a contract is entered into, notice of award shall be available in the purchasing agency's office. 3-216 Exceptions to Competitive Sealed Proposal Process. (1) The purchasing agent or designee may determine that for a given request it is either not practicable or not advantageous for the county to procure a commodity or service referenced in 3-201 above by soliciting competitive sealed proposals. When making this determination, the purchasing agent or designee may take into consideration whether the potential cost of preparing, soliciting and evaluating competitive sealed proposals is expected to exceed the benefits normally associated with such solicitations. In the event of such a determination, the purchasing agent or designee may elect to utilize an alternative, more cost effective procurement method, which may include but shall not be limited to direct negotiations with a qualified vendor or contractor. (2) Documentation of the alternative procurement method selected shall state the reasons for selection and shall be made a part of the contract file. PART 3 SOURCE SELECTION AND CONTRACT FORMATION SUBPART 3-3 -- SMALL PURCHASES 3-301 Authority to Make Small Purchases. (1) Amount. The Office of the Purchasing Agent or purchasing agency may use these procedures if the procurement is estimated to be less than $10,000 for supplies, services or construction or less than $20,000 for food items. If these procedures are not used, the other methods of source selection provided in the Utah County Procurement Rules and Regulations shall apply. (2) Existing Statewide Contracts. Supplies, services, or construction items available under statewide contracts or similar agreements shall be procured under such agreements in accordance with the provisions or requirements for use thereof and not under this Subpart unless otherwise authorized by the Chief Purchasing Agent. (3) Available From One Business Only. If the supply, service, or construction item is available only from one business, the sole source procurement method set forth in Subpart 3-4 (Sole Source Procurement) of these regulations shall be used. (4) Division of Requirements. Procurement requirements shall not be artificially divided to avoid using the other source selection methods set forth in the Utah County Procurement Rules and Regulations. If the cumulative annual amount of purchases of supplies or services from one vendor is in excess of $20,000.00, purchases from that vendor will not be authorized as small purchases. 3-302 Small Purchases of Supplies, Services or Construction Between $1,000 and $10,000. (1) Procedure. (a) Small Purchases of Supplies, Services, or Construction between $1,000 and $2,000. Insofar as it is practical for small purchases of supplies, services or construction between $1,000 and $2,000, no less than two businesses shall be solicited by the Department head or his representative to submit telephone or written quotations. The award shall be made to the business offering the lowest acceptable quotation. (b) Small Purchases of Supplies, Services or Construction between $2,000 and $10,000. Insofar as it is practical for small purchases of supplies, services or construction between $2,000 and $10,000, no less than two businesses shall be solicited by the Purchasing Agent to submit telephone or written quotations. The award shall be made to the business offering the lowest acceptable quotation. (c) Small Purchases of Food Items between $2,000 and $20,000. Insofar as it is practical for small purchases of food items between $2,000 and $20,000, no less than two businesses shall be solicited by the purchasing agent to submit telephone or written quotations. The award shall be made to the business offering the lowest acceptable quotation. (2) Records. The names of the businesses offering quotations and the date and amount of each quotation shall be recorded and maintained as a public record. 3-303 Small Purchases of $1,000 or Less. The purchasing agent shall adopt operational procedures allowing purchasing agencies to make small purchases of less than $1,000. Such operational procedures shall provide for obtaining adequate and reasonable competition, for making records to properly account for funds and to facilitate auditing, and for timely, low cost procurement on low expenditure items.
3-304 Small Purchases of Services of Professionals, Providers and Consultants. If it is expected that the services of professionals, providers of items other than food items, and consultants can be procured for less than $10,000, or the services of providers of food items for less than $20,000, the procedures specified in this Subpart may be used. PART 3 SOURCE SELECTION AND CONTRACT FORMATION SUBPART 3-4 -- SOLE SOURCE PROCUREMENT 3-401 Conditions For Use of Sole Source Procurement. Sole source procurement shall be used only if a requirement is reasonably available from a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bid |