R33-5-202. Contract Award Based on Established Terms

  (1) In accordance with Section 63G-6a-113 and 507(6)(b), a procurement unit may award a contract to a vendor on an approved vendor list at an established price based on:

  (a) A price list, rate schedule, or pricing catalog:

  (i) Submitted by a vendor and accepted by the procurement unit; or

  (ii) Mandated by the procurement unit or a federal agency; or

  (b) A federal regulation for a health and human services program.

  (2) Established terms submitted by vendors on an approved vendor list:

  (a) When awarding a contract to an approved vendor based on a price list, rate schedule, or pricing catalog submitted by the vendor, the procurement unit shall, as applicable:

  (i) Assign work or purchase from the approved vendor with the lowest price, rate or catalog price;

  (A) In case of a tie for the lowest price, the procurement unit shall follow the process described in Section R33-6-111 to resolve tie; and

  (B) If the lowest-cost approved vendor cannot provide the procurement item or quantity needed, then work shall be assigned or the purchase made from the next lowest-cost vendor, and so on, until the procurement unit's needs are met;

  (ii) Establish a cost threshold based on cost analysis as set forth in Section R33-12-603 and 604, and assign work or purchase from an approved vendor meeting the cost threshold using one of the following methods:

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

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

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

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

  (iii) In accordance with Section 63G-6a-1206.5, an approved vendor may lower its price, rate, or catalog price at any time during the time a contract is in effect in order to be assigned work or receive purchases under Subsections (i) and (ii).

  (3) Established terms mandated by procurement unit or federal agency:

  (a) When awarding a contract to an approved vendor based on a price list, rate schedule, or pricing catalog mandated by the procurement unit or a federal agency, the procurement unit shall use one of the following methods to assign work or purchase from a vendor on an approved vendor list:

  (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;

  (4) When awarding a contract to an approved vendor based on a price list, rate schedule, or pricing catalog based on a federal regulation for a health and human services program the procurement unit shall follow the requirements set forth in the applicable federal regulation to assign work or make a purchase.

  (5) In accordance with the provisions set forth in Section 63G-6a-2105, the chief procurement officer may award a contract(s) to vendors on an approved vendor list on a statewide, regional, or combined statewide and regional basis.