R33-8-101e. Public Notice -- Waiver of Public Notice

  (1) Except as provided in Subsection (2), publication of a "Notice of intent to award a contract without engaging in a standard procurement process" shall be published in accordance with Section 63G-6a-112 if the cost of the procurement being considered under this rule exceeds $50,000.

  (2)(a) When making a determination under Sections R33-8-101a, 101b, or 101c, the chief procurement officer or head of a procurement unit with independent procurement authority may waive the requirement to publish the "Notice of intent to award a contract without engaging in a standard procurement process" for the following procurements:

  (i) procurements of $50,000 or less;

  (ii) public utility services;

  (iii) conference and convention facilities with unique or specialized amenities, abilities, location, or services;

  (iv) conference fees, including materials;

  (v) speakers or trainers with unique or proprietary presentations or training materials;

  (vi) hosting of in-state, out-of-state, and international dignitaries;

  (vii) international, national, or local promotion of the state or a public entity,

  (viii) an award when the Legislature identifies the intended recipient of a contract;

  (ix) an award to a specific supplier, service provider, or contractor if the award is a condition of a donation or grant that will fund the full cost of the supply, service, or construction item;

  (x) catering services at government functions where the event requires a caterer with unique and specialized qualifications, skills, and abilities; or

  (xi) other circumstances as determined in writing by the chief procurement officer or the head of a procurement unit with independent procurement authority.

  (b) The chief procurement officer or head of a procurement unit with independent procurement authority may require publication of a "Notice of intent to award a contract without engaging in a standard procurement process" for any procurement identified in Subsection (2)(a) if deemed necessary to uphold the fair and equitable treatment of all persons who deal with the procurement system.