Section R33-8-101a - Sole Source Contract Awards(1) The underlying purposes and policies of Title 63G, Chapter 61, Utah Procurement Code, are to ensure the fair and equitable treatment of each person who deals with the procurement system and to foster effective broad-based competition within the free enterprise system. The most effective way to achieve this is by conducting a standard procurement process when public funds are expended for a procurement item. Sole source contract awards do not involve a standard procurement process and should only be used when justified after reasonable research has been conducted by the procurement unit to determine if there are other available sources and an analysis has been conducted to determine if a sole source award is cost justified.(2) Circumstances for which a sole source contract award may be justified include procurements for: (a) a procurement item for which there is no comparable product or service, such as a one-of-a-kind item available from only one vendor;(b) a component or replacement part for which there is no commercially available substitute, and which can be obtained only directly from the manufacturer; or(c) an exclusive maintenance, service, or warranty agreement.(3) Before awarding a sole source contract, the procurement official shall, when practicable, conduct a price analysis in accordance with Section R33-12-603.(4) An urgent or unexpected circumstance or requirement for a procurement item does not justify the award of a contract without engaging in a standard procurement process.Utah Admin. Code R33-8-101a
Adopted by Utah State Bulletin Number 2016-18, effective 8/22/2016Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022