R33-4-101b. Vendors with Exclusive Authorization to Bid

  (1) The requirements of this rule shall only apply when a procurement unit issues a request for statements of qualification under Utah Code 63G-6a-410 to responsible vendors with an exclusive dealership, franchise, distributorship, or other arrangement, from a manufacturer identifying the vendor as the only one authorized to submit bids or quotes for the specified procurement item within the State of Utah or a region within the State of Utah.

  (a) Under the provisions of this rule, no vendor described in (1) may be excluded from the list of prequalified vendors, unless a determination is made by the procurement unit that a vendor is not qualified, responsive or responsible.

  (b) The request for statements of qualifications shall indicate that all vendors on the prequalified vendor list will be invited to submit bids or quotes.

  (2) After the prequalified list has been compiled, a procurement unit may award a contract by obtaining bids or quotes from all vendors on the prequalified list taking into consideration a best value analysis that includes, as applicable:

  (a) cost;

  (b) compatibility with existing equipment, technology, software, accessories, replacement parts, or service;

  (c) training, knowledge and experience of employees of the procurement unit and of the vendors;

  (d) past performance of vendors and pertaining to the procurement item being purchased;

  (e) the costs associated with transitioning from an existing procurement item to a new procurement item; or

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

  (3) Procurement units must follow the requirements in R33-4-110 when obtaining quotes and the requirements in Part 6 of the Utah Procurement Code when obtaining bids.

  (4) An exception to the requirements of this rule may be authorized by the chief procurement officer or head of a procurement unit with independent procurement authority.