Transportation

Administration

Rule 33: Department of Transportation Procurement Rules

Effective Date: 01/23/2025

Admin. Code Reference: R907-33

Rule Type: Current Rule

R907. Transportation, Administration.

R907-33. Department of Transportation Procurement Rules.

R907-33-1. Authority and Purpose.

(1) This rule is authorized by Subsections 63G-6a-106(3)(a) and 72-1-201(h).

(2) The purpose of this rule is to establish procedures for purchasing equipment, services, and supplies necessary to perform and exercise the department's functions, powers, duties, rights, and responsibilities as described in Utah Code.

R907-33-2. Definitions.

(1) The terms used in this rule are defined in Section 63G-6a-103.

(2) In addition to the terms described in Subsection (1), as used in this rule:

(a) "Department" means the Utah Department of Transportation.

(b) "Designee" means a department employee the executive director has designated to take a specific action or carry out a specific responsibility.

R907-33-3. Application of Rule.

This rule applies to vendors that are bound by contracts with the department, vendors competing for contracts with the department, and to department divisions and workgroups administering contracts.

R907-33-4. Use of Similar Laws and Rules to Establish Precedent or Extrapolate Legal Intent - Title R33 Division of Purchasing and General Services.

(1) When the department determines a specific law or rule governing an issue does not exist, the department may refer to other laws similar in nature to establish a precedent or to extrapolate legal intent in making a determination based on the reasonable person standard.

(2) For matters not addressed by this rule or Rule R907-66, Title R33 applies.

R907-33-5. Competitive Procurement Required for Expenditure of Public Funds, Use of Public Property or Other Public Assets to Acquire Products and Services Unless Exception is Authorized, Need for Flexibility.

(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.

R907-33-6. Multiple Award Contracts.

(1) The department may enter into a multiple award contract only if the procurement official determines that one or more of the following criteria applies:

(a) It is administratively or economically impractical to develop or modify specifications for a myriad of related supplies because of rapid technological changes.

(b) There are logistical considerations that favor the use of a multiple award contract.

(c) It is administratively or economically impractical to develop or modify specifications because of the heterogeneous nature or dissimilar attributes of the product lines.

(d) There is a need for compatibility with existing systems.

(e) The department should select the contractor to furnish the supply, service or construction based upon best value or return on investment.

(f) The product or service being procured serves a purpose of preventing or forestalling a threat to public health, welfare or safety.

(2) The department may use invitations for bids or requests for proposals to solicit for multiple award contracts.

(3) If the department anticipates entering into a multiple award contract before issuing the invitation for bids or request for proposals, it will:

(a) state in the solicitation that the department may enter into multiple award contracts at the end of the procurement process; and

(b) describe the methodology the department will use to determine the number of contract awards.

R907-33-7. Exceptions to Competition-Based Procurement.

(1)(a) The department will conduct small purchases as required by Section 63G-6a-506, and Sections R33-105-104, R33-105-106, R33-105-106.5, and R33-105-107.

(b) The small purchase threshold for individual procurements will be $5,000 rather than the threshold for individual procurements described in Subsection R33-105-104(3)(a).

(c) The department will conduct small purchases of professional service providers and consultants as required by Rule R907-66.

(2)(a) A contract may be awarded for a supply, service, or construction item without competition if the procurement official first determines in writing that one of the following conditions exists:

(i) Only a single contractor is capable of providing the supply, service or construction.

(ii) A state or federal law exempts the supply, service or construction from the competitive procedure.

(iii) The total cost of the supply, service, or construction is less than the amount established by the department for small purchases in Subsection (1).

(iv) The procurement official determines in writing it is clearly not feasible to award the contract for supplies or services on a competitive basis.

(v) The services are to be provided by attorneys, legal services providers, or litigation consultants selected by the Attorney General's Office.

(vi) The services are to be provided by expert witnesses.

(vii) The services involve the repair, modification, or calibration of equipment and they are to be performed by the manufacturer of the equipment or by the manufacturer's authorized dealer provided the procurement official determines in writing that bidding is not appropriate under the circumstances.

(viii) The executive director or a designee determines in writing the contract for supplies or services is to protect public health, welfare, or safety, or to protect the safety or security of a transportation system.

(b) Pursuant to Subsection 63G-6a-802(3)(b)(ii), the procurement official may require publication of a notice of the department's intent to make a sole source procurement if the procurement official determines publishing such a notice is necessary to maintain the fair and equitable treatment of persons who deal with the department's procurement system.

(c) The written determination authorizing sole source procurement must be included in the contract file. For procurements over $250,000 made under Subsection R907-33-7(2)(i), the determination shall be approved by the attorney general's office.

(3) The executive director or a designee may require regular audits of procurements made pursuant to this section.

(4)(a) The executive director or a designee will make or authorize others to make an emergency procurement when there exists a threat to public health, welfare, or safety, or circumstances outside the control of the department create an urgency of need that does not permit the delay involved in using formal competitive procurement methods.

(b) The executive director or a designee will authorize each emergency procurement described under this Subsection (4).

(c) The department may only pay the provider of an emergency procurement described in this Subsection (6) based on the written authorization required by Subsection (4)(b).

(d) Emergency procurements described in this Subsection (4) may not be affected by divergent terms included in other contracts.

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)