DAR File No. 38975

Administrative Services, Purchasing and General Services

Section R33-6-101

Competitive Sealed Bidding; Multiple Stage Bidding; Reverse Auction

Notice of Proposed Rule

(Amendment)

DAR File No.: 38975
Filed: 11/24/2014 03:21:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to continue the update of the rule.

Summary of the rule or change:

The changes update the Evaluation Committee procedures for scoring criteria other than cost.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

There is no impact to budgets. This change is simply updating procedures the Evaluation Committee must follow within the procurement process.

local governments:

There is no impact to budgets. This change is simply updating procedures the Evaluation Committee must follow within the procurement process.

small businesses:

There is no impact to budgets. This change is simply updating procedures the Evaluation Committee must follow within the procurement process.

persons other than small businesses, businesses, or local governmental entities:

There is no impact to persons. This change is simply updating procedures the Evaluation Committee must follow within the procurement process.

Compliance costs for affected persons:

There is no impact for compliance costs. This change is simply updating procedures the Evaluation Committee must follow within the procurement process.

Comments by the department head on the fiscal impact the rule may have on businesses:

These amendments have no fiscal impact on businesses.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2015

This rule may become effective on:

01/21/2015

Authorized by:

Kent Beers, Director

R33. Administrative Services, Purchasing and General Services.

R33-6. Bidding.

R33-6-101. Competitive Sealed Bidding; Multiple Stage Bidding; Reverse Auction.

(1) Competitive Sealed Bidding shall be conducted in accordance with the requirements set forth in Sections 63G-6a-601 through 63G-6a-612. All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

(2) The conducting procurement unit is responsible for all content contained in the competitive sealed bidding, multiple stage bidding, and reverse auction solicitation documents, including:

(a) reviewing all schedules, dates, and timeframes;

(b) approving content of attachments;

(c) providing the issuing procurement unit with redacted documents, as applicable;

(d) assuring that information contained in the solicitation documents is public information; and

(e) understanding the description of the procurement item(s)being sought, all criteria, requirements, factors, and formulas to be used for determining the lowest responsible and responsive bidder.

(3)(a) The award of a contract shall be to the lowest responsive and responsible bidder who meets the objective criteria described in the invitation for bids.

(b) Bids shall be based on the lowest bid for the entire term of the contract, excluding renewal periods.

(c) Unless an exception is authorized in writing by the chief procurement officer or head of a procurement unit with independent procurement authority, cost may not be divided or evaluated on any other basis than the entire term of the contract, excluding renewal periods.

 

KEY: government purchasing, sealed bidding, multiple stage bidding, reverse auction

Date of Enactment or Last Substantive Amendment: [October 8, 2014]2015

Notice of Continuation: July 8, 2014

Authorizing, and Implemented or Interpreted Law: 63G-6a