The Utah Code Title 63G, Chapter 6a, Utah Procurement Code generally requires use of a standard procurement process such as an invitation for bids or a request for proposals. State law provides for exceptions to the use of a standard procurement process which include the following:
- Purchases below designated procurement thresholds set forth in Procedures 1221-PR1
- Sole Source procurements as set forth in Policy 1221.2.4.1 and Procedures 1221-PR2
- Emergency procurement as defined in Policy 1221.2.4.5
Pursuant to state law and Regents Policy R765-571a-8.3, this procedure designates additional circumstances under which use of a standard procurement process is impractical and not in the best interest of the university, which will be designated by the university as “sole source” procurement:
- public utility services
- a procurement item where the most important consideration in obtaining the item is the compatibility of equipment, technology, software, accessories, replacement parts, or service
- unique research materials
- instructional materials or other needed items for curriculum purposes based on pedagogical need and academic freedom of instructors
- membership fees, conference registrations, seminars, subscriptions to intellectual content
- conference venues and associated meals and entertainment at said venues
- used equipment when determined to be more practical or advantageous to the institution
- placement advertising in magazines, journals, newspapers, radio, television, online, buses, billboards
- library journals, periodicals, and rare books
- athletic game guarantees
- guest lecturers, performers, entertainers, convocations
- broadcasting rights, television programming, and associated fees
- original works of art
- study abroad travel expenses
- travel, including commercial airfare and hotels
- sub-recipients of sponsored projects contributing to the scope of work for the project
- suppliers identified by name in an application submitted for sponsored research grant or award
- supplies or services required by the National Collegiate Athletic Association or the institution's athletic conference
- institutional sponsorship of third parties
- a procurement item from a specific supplier, service provider, or contractor that is a condition of a grant that will fund the cost of the supply, service, or construction item
- publications of an article, manuscript, research paper in a professional journal, periodical, or other source
- original equipment manufacturer parts, supplies, maintenance, and service when determined to be in the best interest of the institution; and
- a procurement item from a specific supplier, service provider, or contractor that is a condition of a donation or sponsorship that will fund the cost of the supply, service, or construction item. Neither state funds nor institutional funds may be added to the donation or sponsorship in order to make an award under the provisions of this section
- live animals
- other circumstances approved by the Director of Purchasing and Contract Services
Publication of Notice Not Required. Consistent with the Utah Procurement Code and Regents’ policy, publication of notice under Utah Procurement Code Section 63G-6a-802(3) is not required when the award is made under the circumstances described in this procedure.