R33-5-105. Small Purchases Threshold for Design Professional Services

  (1) The small purchase threshold for design professional services is a maximum amount of $100,000.

  (2) Design professional services may be procured up to a maximum of $100,000, by direct negotiation after reviewing the qualifications of a minimum of three design professional firms.

  (3)(a) Approved Vendor List: In order to ensure the fair and equitable treatment of all vendors on an approved vendor list, a procurement unit shall when using this rule in conjunction with an approved vendor list, select a minimum of three design professional firms from the approved vendor list using one or more of the following methods:

  (i) A rotation system, organized alphabetically, numerically, or randomly;

  (ii) Assignment of vendors to a specified geographic area;

  (iii) Assignment of vendors based on each vendor's particular expertise or field; or

  (iv) Another method approved by the chief procurement officer or head of a procurement unit with independent procurement authority;

  (b) After selecting a minimum of three firms from the approved vendor list using one of the methods specified in Subsection (3)(a), the procurement unit shall rank the firms in order and begin fee negotiations, up to $100,000, with the highest ranked firm. If an agreement cannot be reached with the highest ranked firm, the procurement unit shall move to the next highest ranked firm and so on until a fee agreement is reached;

  (c) If a fee agreement cannot be reached with the first group of firms selected, the procurement unit may select additional firms from the approved vendor list using the same process set forth in subsection (3)(a) and (b) or the procurement unit may cancel the procurement;

  (d) Each procurement unit using an approved vendor list under this rule shall document that all vendors on the approved vendor list have a fair and equitable opportunity to obtain a contract;

  (4) A procurement unit shall include minimum specifications when using the small purchase threshold for design professional services.

  (5) Executive Branch procurement units, to the extent they do not have independent procurement authority, shall involve the Division of Purchasing in the qualification process described under Section 63G-6a-410, the approved vendor list process described under Section 63G-6a-507, and the evaluation and fee negotiation process described in Part 15 of the Utah Procurement Code in the procurement of design professional services.

  (6) A procurement unit using this rule must comply with the following:

  (a) Utah Code 63G-6a-506(8) -- Prohibition against dividing a procurement into one or more smaller procurements;

  (b) Utah Code 63G-6a, Part 24 -- Unlawful Conduct and Penalties;

  (c) R33-24-104 -- Socialization with Vendors and Contractors;

  (d) R33-24-105 -- Financial Conflict of Interests Prohibited;

  (e) R33-24-106 -- Personal Relationship, Favoritism, or Bias Participation Prohibitions; and

  (f) All other applicable laws and rules.