1. (1) The requirement that a procurement unit obtain a minimum of two bids, quotes, or statements of qualifications can be waived by the procurement official when only one vendor submits a bid, provides a quote, or submits a statement of qualifications under the following circumstances:

   1. (a) a solicitation meeting the public notice requirements of Section 63G-6a-112 results in only one vendor submitting a solicitation response;
   2. (b) vendors on a multiple award contract, prequalification, or approved vendor list fail to respond to the procurement unit; or
   3. (c) a procurement unit makes a reasonable effort to invite each vendor known to the procurement unit to submit a solicitation response.

2. (2) "Reasonable effort" as used in Subsection (c) means:

   1. (a) public notice under Section 63G-6a-112;
   2. (b) an electronic or manual search for vendors within the specific industry;
   3. (c) contacting industry-specific associations or manufacturers for the names of vendors within that industry; or
   4. (d) a determination by the procurement official that a reasonable effort has been made.

3. (3) Before accepting a solicitation response from only one vendor, the procurement official, shall consider:

   1. (a) whether pricing is fair and reasonable;
   2. (b) canceling the procurement; and
   3. (c) a bid security requirement.
4. (4) The procurement official shall maintain records documenting the circumstances and reasons why fewer than two solicitation responses were obtained.

KEY: government purchasing, general procurement provisions, specifications, small purchases

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1)