R33-5-108. Small Purchases of Professional Service Providers and Consultants

  (1) The small purchase threshold for professional service providers and consultants is a maximum amount of $100,000.

  (2) Professional service providers and consultants may be procured up to a maximum of $100,000, by direct negotiation after reviewing the qualifications of a minimum of three firms or individuals.

  (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 professional service providers or consultants 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;

  (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 or individuals from the approved vendor list using one of the methods specified in Subsection (3)(a), the procurement unit shall rank the firms or individuals in order and award a contract via direct award up to $100,000 to the highest ranked firm or individual.

  (4) Executive Branch procurement units, to the extent they do not have independent procurement authority, shall involve the Division of Purchasing at the beginning of the quote or solicitation process, in the procurement of professional services or consulting services.

  (5) 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;

  (f) R33-4-103(3) -- Persons with a conflict of interest, or who anticipate responding to the proposal for which the specifications are written, may not participate in writing specifications; and

  (g) All other applicable laws and rules.