Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

NOTICES OF PROPOSED RULES DAR File No. 35613R33-3-4. Sole Source Procurement.3-401 Conditions For Use of Sole Source Procurement.Sole source procurement shall be used only if arequirement is reasonably available from a single supplier. Arequirement for a particular proprietary item does not justify a solesource procurement if there is more than one potential bidder orofferor for that item.Examples of circumstances which could necessitate solesource procurement are:(1) where the compatibility of equipment, accessories,replacement parts, or service is the paramount consideration;(2) where a sole supplier's item is needed for trial use ortesting;(3) a test or pilot is being conducted under R33-3-121(3);([3]4) procurement of items for resale;([4]5) procurement of public utility services.The determination as to whether a procurement shall bemade as a sole source shall be made by the procurement officer.Each request shall be submitted in writing by the using agency. Theofficer may specify the application of the determination and itsduration. In cases of reasonable doubt, competition should besolicited. Any request by a using agency that a procurement berestricted to one potential contractor shall be accompanied by anexplanation as to why no other will be suitable or acceptable tomeet the need.3-401.5 Notice of Proposed Sole Source Procurement.Public notice for sole source procurements exceeding$50,000 shall be given by the Procurement Officer as provided inR33-3-104 (2). The notice shall be published at least 5 workingdays in advance of when responses must be received in order thatfirms have an adequate opportunity to respond to the notice. Thenotice shall contain a brief statement of the proposed procurement,the proposed sole source supplier and the sole source justification.The notice shall invite comments regarding the proposed solesource and provide for a closing date for comments. TheProcurement Officer shall consider the comments received beforeproceeding with the Sole Source procurement.3-402 Negotiation in Sole Source Procurement.The procurement officer shall conduct negotiations, asappropriate, as to price, delivery, and terms.3-403 Unsolicited Offers.(1) Definition. An unsolicited offer is any offer otherthan one submitted in response to a solicitation.(2) Processing of Unsolicited Offers. If a purchasingagency that receives an unsolicited offer is not authorized to enterinto a contract for the supplies or services offered, the head of theagency shall forward the offer to the procurement officer who hasauthority with respect to evaluation, acceptance, and rejection of theunsolicited offers.(3) Conditions for Consideration. To be considered forevaluation an unsolicited offer:(a) must be sufficiently detailed to allow a judgment to bemade concerning the potential utility of the offer to the purchasingagency; and(b) may be subject to testing under terms and conditionsspecified by the agency.KEY: government purchasingDate of Enactment or Last Substantive Amendment: [July 8,2010]2012Notice of Continuation: November 23, 2007Authorizing, and Implemented or Interpreted Law: 63G-6Agriculture and Food, Plant IndustryR68-21Standard of Identity for HoneyNOTICE OF PROPOSED RULE(Repeal)DAR FILE NO.: 35566FILED: 12/21/2011RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THECHANGE: The rule will become Rule R70-520. (DAR NOTE:The proposed new Rule R70-520 is under DAR No. 35612 inthis issue, January 15, 2012, of the Bulletin.)SUMMARY OF THE RULE OR CHANGE:repealed in its entirety.This rule isSTATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Section 4-5-16 and Subsection 4-2-2-1(g) andSubsection 4-5-6(1)(b) and Subsection 4-5-8(5)ANTICIPATED COST OR SAVINGS TO:♦ THE STATE BUDGET: There will be no impact on the statebudget, this only affects the numbering.♦ LOCAL GOVERNMENTS: The rule places noresponsibilities on local government, this only affects thenumbering.♦ SMALL BUSINESSES: There will be no impact on smallbusiness, this only affects the numbering.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:There will be no impact on persons other than smallbusiness, this only affects the numbering.COMPLIANCE COSTS FOR AFFECTED PERSONS: Therewill be no costs to this repeal, this only affects the numbering.COMMENTS BY THE DEPARTMENT HEAD ON THEFISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:This rule is repealed and will become Rule R70-520.THE FULL TEXT OF THIS RULE MAY BE INSPECTED,DURING REGULAR BUSINESS HOURS, AT:AGRICULTURE AND FOODPLANT INDUSTRY350 N REDWOOD RDSALT LAKE CITY, UT 84116-3034or at the Division of Administrative Rules.16 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2