Utah Admin. Code R354-14-105 - Cooperative Procurements Utah State Cooperative Contracts - Contracts with Federal Government - Regional Solicitations

(1) The CRAU may purchase a Procurement Item through a Cooperative Procurement by using the State of Utah Cooperative Contracts available for public entities pursuant to Section 63G-6a-2105, without going through a Standard Procurement Process or an exception to a Standard Procurement Process.

(2) The CRAU may:

(a) Contract with the federal government without going through a Standard Procurement Process or an exception to a Standard Procurement Process, described in Rule R354-14-5, Exceptions to Procurement Requirements, if the Procurement Item obtained under the Contract is provided:

(i) directly by the federal government and not by a person contracting with the federal government; or

(ii) by a person under Contract with the federal government that obtained the Contract in a manner that substantially complies with this Procurement Procedure;

(b) participate in, sponsor, conduct, or administer a Cooperative Procurement with another public entity in Utah, if:

(i) each party unit involved in the Cooperative Procurement enters into an agreement describing the rights and duties of each party;

(ii) the Procurement is conducted, and the Contract awarded, in accordance with the requirements of this Procurement Procedure;

(iii) the Solicitation:

(A) clearly indicates that the Procurement is a Cooperative Procurement; and

(B) identifies each party that may purchase under the resulting Contract; and

(iv) each party involved in the Cooperative Procurement signs a participating addendum describing its rights and obligations in relation to the resulting Contract; or

(c) purchase under, or otherwise participate in, an agreement or Contract of a cooperative purchasing organization, if:

(i) each party involved in the Cooperative Procurement enters into an agreement describing the rights and duties of each party;

(ii) the Procurement was conducted in accordance with the requirements of this Procurement Procedure;

(iii) the Solicitation: clearly indicates that the Procurement is a Cooperative Procurement; and

(A) clearly indicates that the Procurement is a Cooperative Contract;

(B) identifies each party that may purchase under the resulting Contract; and

(iv) each party involved in the Cooperative Procurement signs a participating addendum describing its rights and obligations in relation to the resulting Contract.

(3) The CRAU may not obtain a Procurement Item under a Contract that results from a Cooperative Procurement described in Subsection (1), unless the CRAU:

(a) signs a participating addendum to the Contract as required by this section.

(4) The CRAU may not obtain a Procurement Item under a Contract held by the United States General Services Administration, unless, based upon documentation provided by the CRAU, the Procurement Official determines in writing that the United States General Services Administration procured the Contract in a manner that substantially complies with this Procurement Procedure.

Notes

Utah Admin. Code R354-14-105

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021