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Section 8: Prequalification of Potential Vendors


(1) Utah State University may:

(A) prequalify potential vendors to provide any type of procurement item specified by Utah State University; and

(B) limit participation in a quote, an invitation for bid, a request for proposal, or an approved vendor list to the prequalified potential vendors for the specified type of procurement item.

(2) To prequalify potential vendors to provide a specified type of procurement item, Utah State University shall issue a request for qualifications.

(3) If Utah State University issues a request for qualifications it shall:

(A) publish the request for qualifications

(B) state in the request for qualifications:

(i)  the type of procurement item to which the request for qualifications relates;

(ii) the scope of work to be performed;

(iii) the instructions and the deadline for providing information in response to the request for qualifications;

(iv) the minimum criteria for prequalification;

(v)  the period of time during which the list of prequalified potential vendors will remain in effect, which may not be longer than 18 months after the list of prequalified potential vendors is made available to the public; and

(vi) that Utah State University may limit participation in a quote, an invitation for bid or a request for proposal, during the time period described to the potential vendors that are prequalified to provide the specified type of procurement item.

(C) The minimum criteria described shall:

(i)  include the prequalification requirements unique to the procurement;

(ii) may include performance rating criteria; and

(iii) may not be so restrictive that the criteria unreasonably limit competition.

(D) Utah State University may, before making a final list of prequalified vendors, request additional information to clarify responses made to the request for qualifications.

(E) A potential vendor shall be included on the list of prequalified potential vendors if the vendor:

(i)  submits a timely, responsible response to the request for qualifications; and

(ii) meets the minimum criteria for qualification described.

(F) If a request for qualifications will result in only one vendor being placed on the list of prequalified potential vendors:

(i) Utah State University shall cancel the request for qualifications; and

(ii) the list may not be used by Utah State University.

(1) Utah State University shall:

(A) before making the list of prequalified potential vendors available to the public, provide each potential vendor who provided information in response to the request, but who did not meet the minimum qualifications for placement on the list, a written justification statement describing why the potential vendor did not meet the criteria for inclusion on the list; and

(B) within 30 days after the day of the deadline described, make the list of prequalified potential vendors available to the public.

(1) The process described in this section may not be used for construction projects that cost more than an amount specified by Utah State Building Board.

(2) An approved vendor list may only be compiled from timely, responsible responses received or the process described in Section 32, Facilities, Planning and Design & General Construction Provisions, Architectural Services etc.

(3) In order to ensure equal treatment of vendors on an approved vendor list, for services other than the services described in Subsection (4) or (5), Utah State University shall use one of the following methods in an unbiased manner:

(A) a rotation system, organized alphabetically, numerically, or randomly;

(B) assigning vendors to a specified geographical area; or

(C) classifying each vendor based on each vendor's particular expertise, qualifications, or field.

(4) For a construction project that costs less than the amount established by the Utah State Building Board, Utah State University shall select a potential construction contractor from an approved potential contractor list, using an invitation for bid or a request for proposal.

(5) For architectural or engineering services for a construction project described, Utah State University shall select a potential contractor from an approved potential contractor list:

(A) using a rotation system, organized alphabetically, numerically, or randomly;

(B) assigning a potential contractor to a specified geographical area; or

(C) classifying each potential contractor based on the potential contractor's field or area of expertise.

(6) Utah State University may not use an approved vendor list described in this section for a construction project with a cost that is equal to or greater than the amount established by the Utah State Building Board.

(7) After selecting a potential contractor, Utah State University shall enter into fee negotiations with the potential contractor.         

If, after good faith negotiations, Utah State University and the potential contractor are unable to negotiate a fee that is acceptable to both parties, Utah State University shall select another contractor under this subsection and enter into fee negotiations with that potential contractor.