R277-122-6. Small Purchases of Professional Service Providers and Consultants

  (1) The head of the procurement unit shall make small purchases of professional services in accordance with the requirements set forth in Section 63G-6a-506 and this Section R277-122-11.

  (2) Unless otherwise specifically required in this rule or as part of another standard procurement process being used in conjunction with a small purchase, the head of the procurement unit need not utilize a solicitation or provide public notice to conduct a small purchase of professional services.

  (3) The head of the procurement unit may procure professional services:

  (a) up to a maximum of $10,000 by direct negotiation with any professional services provider or consultant determined in writing by the head of the procurement unit to be qualified to provide the professional service; and

  (b) up to a maximum of $100,000 by:

  (i) subject to Rule R33-4-109, obtaining quotes from a minimum of three professional services providers or consultants determined in writing by the head of the procurement unit to be qualified to provide the professional services; and

  (ii) making the purchase from the professional service provider or consultant determined in writing by the head of the procurement unit to provide the Board with the best value, comparing qualifications and price.

  (4) The head of the procurement unit may utilize the process set forth in Subsection (3)(b) to make purchases from multiple professional service providers or consultants if:

  (a) multiple professional service providers or consultants of the same type are required to fulfill the need for the professional service;

  (b) the total amount awarded to the selected professional service providers or consultants does not exceed $250,000;

  (c) a request for qualifications and quotes is published in accordance with Section 63G-6a-112;

  (d) the request for qualifications and quotes states that the Board may make a purchase from multiple professional service providers or consultants; and

  (e) all responses received are reviewed and considered when selecting the best value professional service providers or consultants.

  (5) The head of the procurement unit shall comply with all applicable laws and rules in the conduct of small purchases for professional services, including:

  (a) Subsection 63G-6a-506(8);

  (b) Title 63G, Chapter 6a, Part 24, Unlawful Conduct and Penalties; and

  (c) Sections R33-24-104 through R33-24-106.