No. 38557 (Amendment): Rule R131-4. Capitol Preservation Board General Procurement Rule

(Amendment)

DAR File No.: 38557
Filed: 05/28/2014 03:14:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Capitol Preservation Board (CPB) is amending this rule to comply with recent updates to the Utah Procurement Code, Title 63G, Chapter 6a. S.B. 179 of the 2014 General Legislative Session is a considerable update to the Utah Procurement Code. It has been renumbered, part numbers have been substantially changed and provisions related to procurement, protests, and appeals have been substantially changed. The CPB is updating this rule to comply with the Utah Procurement Code, and CPB statutes.

Summary of the rule or change:

The changes: replace Section R131-4-101, the Purpose, and delete Section R131-4-410, Sole Source Procurement. In Section R131-4-101, the CPB is explaining that all provisions in the new Section R131-4-101 shall supersede any conflicting provisions elsewhere in Rule R131-4 and Rule R131-1. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 05/21/2014 is under DAR No. 38546 in this issue, June 15, 2014, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

The state's budget will not be affected, because the change is simply amending this rule to comply with recent legislation to the Utah Procurement Code. The CPB is explaining that the amended provisions in Section R131-4-101 shall supersede any conflicting provision elsewhere in Rule R131-4, and Rule R131-1. If there is any impact, it is created by the statute.

local governments:

Local governments' budgets will not be affected, because the change is simply amending this rule to comply with recent legislation to the Utah Procurement Code. The CPB is explaining that the amended provisions in Section R131-4-101 shall supersede any conflicting provision elsewhere in Rule R131-4, and Rule R131-1. If there is any impact, it is created by the statute.

small businesses:

Small businesses' budgets will not be affected, because the change is simply amending this rule to comply with recent legislation to the Utah Procurement Code. The CPB is explaining that the amended provisions in Section R131-4-101 shall supersede any conflicting provision elsewhere in Rule R131-4, and Rule R131-1. If there is any impact, it is created by the statute.

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

No other person's budget will be affected, because the change is simply amending this rule to comply with recent legislation to the Utah Procurement Code. The CPB is explaining that the amended provisions in Section R131-4-101 shall supersede any conflicting provision elsewhere in Rule R131-4, and Rule R131-1. If there is any impact, it is created by the statute.

Compliance costs for affected persons:

There are no compliance costs for any person, because the change is simply amending this rule to comply with recent legislation to the Utah Procurement Code. The CPB is explaining that the amended provisions in Section R131-4-101 shall supersede any conflicting provision elsewhere in Rule R131-4, and Rule R131-1. If there is any impact, it is created by the statute.

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

There is no fiscal impact on businesses. If there is any impact, it is created by the statute.

Allyson Gamble, Executive Director

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

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114-2110

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 [e-mail]
• Allyson Gamble at the above address, by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at [e-mail]
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [e-mail]

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:

07/15/2014

This rule may become effective on:

07/22/2014

Authorized by:

Allyson Gamble, Executive Director

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

R131-4. Capitol Preservation Board General Procurement Rule.

R131-4-101. [Purpose.]Compliance With Utah Procurement Code, as Amended by Senate Bill 179 of the 2014 Utah Legislative Session.

[The underlying purposes and policies of R131-4 are:

(1) to comply with the Capitol Preservation Board statute which requires the board to adopt rules that are substantially similar to the requirements of the Utah Procurement Code, Title 63G-6;

(2) to ensure the fair and equitable treatment of all persons who deal with the Capitol Preservation Board;

(3) to provide increased economy in Capitol Preservation Board procurement activities; and

(4) to foster effective broad-based competition within the free enterprise system.

](1) All provisions of this Rule R131-4-101 shall supersede any conflicting provisions or any provisions related to protests or appeals of this Rule R131-4, Capitol Preservation Board General Procurement Rule, as well any conflicting provisions or any provisions related to protests or appeals of Rule R131-1, Procurement of Architectural and Engineering Services.

(2) The purpose of the Utah Procurement Code in Section 63G-6a-102 is incorporated as part of this Rule R131-4 and Rule R131-1.

(3) The definitions of the Utah Procurement Code in Sections 63G-6a-103 and 63G-6a-104 shall apply to Rules R131-4 and R131-1 and in the case of conflict, shall supersede any other definitions in Rules R131-4 and R131-1.

(4) Procurements performed by the Division of Facilities Construction and Management or the Division of Purchasing, on behalf of the Capitol Preservation Board, shall be performed in accordance with the applicable Utah Procurement Code, Title 63G, Chapter 6a, provisions as well as the applicable administrative rules of the agency that is managing the procurement for the Capitol Preservation Board.

(5) Any exemption allowed under Section 63G-6a-107 shall be allowed notwithstanding any other provision in Rules R131-4 or R131-1.

(6) Notwithstanding any other provision in Rules R131-4 or R131-1, there shall be compliance with the federal contract prohibition provisions of the Sudan Accountability and Divestment Act of 2007 (Pub. L. No. 110-174) that prohibit contracting with a person doing business in Sudan.

(7) The prequalification process of Section 63G-6a-403 may be used and there is no cost amount threshold under Section 63G-6a-404 for use of any approved vendor list.

(8) Notwithstanding any other provision in Rules R131-4 or R131-1, public notice shall comply with Section 63G-6a-406.

(9) There shall be compliance with 63G-6a-408, Small Purchases, and Rule R131-4-409 sets the thresholds for purchases for the Capitol Preservation Board.

(10) A Request for Information under Part 5 of the Utah Procurement Code, Sections 63G-6a-5-1 through 63G-6a-505 may be used.

(11) Part 6 of the Utah Procurement Code, Bidding, Sections 63G-6a-601 through 63G-6a 612 shall apply to the Capital Preservation Board and supersede any conflicting provision in Rule R131-4.

(12) Part 7 of the Utah Procurement Code, Requests for Proposals, Sections 63G-6a-701 through 63G-6a-711 shall apply and supersede any conflicting provision in Rule 131-4.

(13) Section 63G-6a-802, regarding sole sources, shall apply to the Capitol Preservation Board and replace Rule R131-4-410. There shall be a publication of notice for a sole source procurement in accordance with Section 63G-6a-406, if the cost of the procurement exceeds $50,000 except that no publication of notice is required if any of the following apply:

(a) the procurement of public utility services pursuant to a sole source contract; or

(b) any other procurement in which the specifications, in the reasonable discretion of the Executive Director, can only be met by one source.

(14) Section 63G-6a-803, Emergency Procurement, shall apply to the Capitol Preservation Board, and to the extent allowed by law, Rule R131-4-411 shall also apply.

(15) Part 9 of the Utah Procurement Code, Cancellations, Rejections, and Debarment, Sections 63G-6a-901 through 63G-6a-905, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or R131-1.

(16) Part 10 of the Utah Procurement Code, Preferences, Sections 63G-6a-1001 through 1004, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or R131-1.

(17) Part 11 of the Utah Procurement Code, Bonds, Sections 63G-6a-1101 through 63G-6a-1105, shall apply to the Capitol Preservation Board and supersede and conflicting provisions in Rules R131-4 or R131-1.

(18) Part 12 of the Utah Procurement Code, Contracts and Change Orders, Sections 63G-6a-1201 through 63G-6a-1210, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 and R131-1.

(19) Part 13 of the Utah Procurement Code, General Construction Provisions, Sections 63G-6a-1301 through 63G-6a-1303, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or R131-1.

(20) Part 15 of the Utah Procurement Code, Architect-Engineer Services, Sections 63G-6a-1501 through 63G-61-1506, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or Rule R131-1. An evaluation committee shall consist of at least three people who meet the same ethical requirements as an evaluation committee in a Request for Proposals process.

(21) The following statutes in the Utah Procurement Code shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4-801 through R131-4-1001 as well as Rule 131-1:

(a) Part 16 of the Utah Procurement Code, Controversies and Protests, Sections 63G-6a-1601 through 63G-6a-1604. Intervention shall be allowed under identical procedures as specified in administrative rules enacted by the Procurement Policy Board in Title R33, Utah Administrative Code, of the State of Utah;

(b) Part 17 of the Utah Procurement Code, Procurement Appeals Board, Sections 63G-6a-1701 through 63G-6a-1706;

(c) Part 18 of the Utah Procurement Code, Appeals to Court and Court Proceedings, Sections 63G-6a-1801 through 63G-6a-1802;

(d) Part 19 of the Utah Procurement Code, General Provisions Related to Protest or Appeal, Sections 63G-6a-1901 through 63G-6a-1911;

(e) Part 20 of the Utah Procurement Code, Records, Sections 63G-6a-2001 through 63G-6a-2004;

(f) Part 21 of the Utah Procurement Code, Interaction Between Procurement Units, Sections 63G-6a-2101 through 63G-6a-2105; and

(g) Part 24 of the Utah Procurement Code, Unlawful Conduct and Penalties, Sections 63G-6a-2401 through 63G-6a-2407.

 

[R131-4-410. Sole Source Procurement.

(1) Conditions for Use of Sole Source Procurement.

The procedures concerning sole source procurement in this rule may be used if, in the discretion of the executive director, a requirement is reasonably available only from a single source. Examples of circumstances which could also necessitate sole source procurement are:

(a) there is only one qualified source for the required craftsmanship, supply, service, or construction item; or

(b) the level of craftsmanship and quality to replicate restore is critical to the best interests of the state.

(c) the award to a specific supplier, service provider, or contractor is a condition of a donation that will fund the full cost of the supply, service, or construction item.

(d) where the compatibility of product design, equipment, accessories, or replacement parts is the paramount consideration;

(e) where a sole supplier's item is needed for trial use or testing;

(f) procurement of public utility services; or

(g) when it is a condition of a donation that will fund the full cost of the supply, material, equipment, service, or construction item.

(2) Written Determination. The determination as to whether a procurement shall be made as a sole source shall be made by the executive director in writing and may cover more than one procurement.

(3) Negotiation in Sole Source Procurement. The executive director shall negotiate with the sole source vendor for considerations of price, delivery, and other terms.]

 

KEY: contracts, public buildings, procurement

Date of Enactment or Last Substantive Amendment: [February 29, 2008]2014

Notice of Continuation: April 11, 2011

Authorizing, and Implemented or Interpreted Law: 63C-9-301

 

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