Section R765-571a-7 - SolicitationsWhen procuring items over an established threshold for small purchases outlined in Section R765-571a-6.1, each institution shall use a standard procurement process or an exception to the standard procurement process described in Section R765-571a-8 and comply with Title 63G, Chapter 6a, Utah Procurement Code and this rule. Each institution shall establish policies, and processes governing solicitations, including:
7.1. Invitation for Bid or IFB: The Invitation for Bids is used to initiate a competitive sealed bid procurement. 7.1.1. An IFB shall comply with the requirements of Subsection 63G-6a-603(2).7.1.2. IFBs must be publicly advertised as outlined in Title 63G. Chapter 6a, Utah Procurement Code.7.1.3. Bids shall be submitted using a sealed bid process.7.1.4. Bids shall be opened in accordance with Section 63G-6a-604.7.1.5. Institutions shall evaluate bids based on the requirements set forth in the IFB, including objective evaluation criteria. Criteria not included in the IFB may not be used to evaluate bids.7.1.6. Contracts shall be awarded with reasonable promptness by notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB.7.1.7. Unless otherwise established by policy, institutions shall resolve tie bids by having the president or designee toss a coin in the presence of a minimum of two witnesses with the firm first in alphabetical order being heads.7.1.8. Institutions may handle bids as otherwise permitted by Title 63G. Chapter 6a, Utah Procurement Code, including, but not limited to, rejecting bids, cancelling the IFB, and using a reverse auction process.7.2. Request for Proposal or RFP: An RFP process may be used instead of the IFB process if the procurement officer determines, in writing, that the RFP process will provide the best value to the institution. 7.2.1. An RFP shall comply with Section 63G-6a-703.7.2.2. RFPs must be publicly advertised as outlined in Title 63G. Chapter 6a, Utah Procurement Code.7.2.3. Proposals shall be processed as outlined in Title 63G. Chapter 6a, Procurement Code.7.2.4. The institution shall establish an evaluation committee of at least three individuals.7.2.5. The evaluation committee will rate proposals based on the criteria outlined in the RFP. Criteria not included in the RFP may not be used to evaluate proposals.7.2.6. The RFP process may be conducted in multiple steps, including presentations/discussions and requests for best and final proposals.7.2.7. Each institution shall establish policies and processes governing best and final offers in accordance with Title 63G. Chapter 6a, Utah Procurement Code and this rule.7.2.8. Institutions shall complete a justification statement as required by Title 63G. Chapter 6a, Utah Procurement Code.7.3. Request for Information or RFI: The purpose of an RFI is to obtain information, comments, or suggestions from potential bidders or offerors before issuing an IFB or RFP. An RFI is not a procurement process and may not be used to: 7.3.1. solicit cost, pricing, or rate information;7.3.3. make a purchase; or7.3.4. enter into a contract.7.4. Request for Statement of Qualifications or RFSQ: An institution may use a RFSQ process to prequalify potential bidders or offerors to provide any type of procurement item and limit participation in an IFB or RFP to the prequalified potential bidders or offerors. An institution may also use a RFSQ process to create an approved vendor list. A RFSQ process is a supplemental procurement process described in Section 63G-6a-410. 7.4.1. A RFSQ in multiple-stage procurement process shall comply with Subsection 63G-6a-410(4).7.4.2. A RFSQ in an approved vendor list process shall comply with Subsection 63G-6a-410(5).7.5. Approved Vendor List Procurement Process: Each institution may establish policies and processes governing approved vendor lists and award contracts using methods that comply with Title 63G. Chapter 6a, Utah Procurement Code and this rule. 7.5.1. Award: Institutions choosing to use a vendor list may award a contract to a vendor on an approved vendor list at an established price based on a price list, rate schedule, or pricing catalog in accordance with Section 63G-6a-113.7.5.2. Selection of Vendors: Institutions choosing to use a vendor list shall select vendors based on a rotation system, the assignment of vendors to a specified geographic area, classifying vendors by particular expertise, qualifications or field, or some other method in accordance with a written, public, and fair process.7.5.3. Removal of Vendors from the Approved Vendor List: Institutions choosing to use an approved vendor list shall include a statement indicating that vendors whose performance does not meet the minimum performance rating threshold may be disqualified and removed from the approved vendor list.Utah Admin. Code R765-571a-7
Adopted by Utah State Bulletin Number 2021-04, effective 1/28/2021