- (1) If conducting or administering the department's procurement processes, then a department procurement agent must maximize competition for contracts as much as practicable.
(2) Unless the executive director or a designee issues a written exception in accordance with provisions set forth in the Utah Procurement Code and applicable administrative rules documenting why a competitive procurement process is not required and why it is in the best interest of the department to award a contract without engaging in a standard procurement process, the department must conduct a standard procurement process when:
- (a) public funds are expended or used to acquire a procurement item; or
- (b) the department's property, name, influence, assets, resources, programs, or other things of value are used as consideration in the formation of a contract for a procurement item.
- (3) The standard of care the department must exercise when designing, constructing, and maintaining a state highway in a reasonably safe condition for travel requires that its procurement practices are flexible enough to allow it to consider characteristics, terms, and conditions relevant to satisfying its needs when procuring required products and services.
KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)