1. (1) Except as provided in Subsection (2), publication of a notice of intent to award a contract without engaging in a standard procurement process shall be published in accordance with Section 63G-6a-112 if the cost of the procurement being considered under this rule exceeds $50,000.

2. (2)(a) When making a determination under Section R33-108-101a, R33-108-101b, or R33-108-101c, the procurement official may waive the requirement to publish a notice of intent to award a contract without engaging in a standard procurement process for the following procurements:

   1. (ii) public utility services;
   2. (iii) conference and convention facilities with unique or specialized amenities, abilities, location, or services;
   3. (iv) conference fees, including materials;
   4. (v) speakers or trainers with unique or proprietary presentations or training materials;
   5. (vi) hosting of in-state, out-of-state, and international dignitaries;
   6. (vii) international, national, or local promotion of the state or a public entity;
   7. (viii) an award when the Legislature identifies the intended recipient of a contract;
   8. (ix) an award to a specific supplier, service provider, or contractor if the award is a condition of a donation or grant that will fund the full cost of the supply, service, or construction item;
   9. (x) catering services at government functions where the event requires a caterer with unique and specialized qualifications, skills, and abilities; or
   10. (xi) other circumstances as determined in writing by the procurement official.
   11. (b) The procurement official may require publication of a notice of intent to award a contract without engaging in a standard procurement process for any procurement identified in Subsection (2)(a) if deemed necessary to uphold the fair and equitable treatment of any person who deals with the procurement system.

KEY: government purchasing, Utah procurement rules, general procurement provisions, definitions

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1); 63G-6a-802.3(5)