R33-104-109. Procedures When Two Bids, Quotes, or Statement of Qualifications Cannot Be Obtained

(1) The requirement that a procurement unit obtain a minimum of two bids, quotes, or statements of qualifications can be waived by the procurement official when only one vendor submits a bid, provides a quote, or submits a statement of qualifications under the following circumstances: (a) a solicitation meeting the public notice requirements of Section 63G-6a-112 results in only one vendor submitting a solicitation response; (b) vendors on a multiple award contract, prequalification, or approved vendor list fail to respond to the procurement unit; or (c) a procurement unit makes a reasonable effort to invite each vendor known to the procurement unit to submit a solicitation response. (2) "Reasonable effort" as used in Subsection (c) means: (a) public notice under Section 63G-6a-112; (b) an electronic or manual search for vendors within the specific industry; (c) contacting industry-specific associations or manufacturers for the names of vendors within that industry; or (d) a determination by the procurement official that a reasonable effort has been made. (3) Before accepting a solicitation response from only one vendor, the procurement official, shall consider: (a) whether pricing is fair and reasonable; (b) canceling the procurement; and (c) a bid security requirement. (4) The procurement official shall maintain records documenting the circumstances and reasons why fewer than two solicitation responses were obtained.