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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if:
(a) the purpose of the contract is to:
(i) determine whether the procurement item will benefit the procurement unit;
(ii) assess the feasibility of a procurement item that:
(A) is new or innovative; or
(B) has a proposed use or application that is novel or unproven; or
(iii) evaluate whether to conduct a standard procurement process for the procurement item being tested; and
(b) the contract is:
(i) awarded for a procurement item that is not already available to the procurement unit under an existing contract;
(ii) restricted to the procurement of a procurement item in the minimum quantity and for the minimum period of time necessary to test the procurement item;
(iii) the only trial use contract for that procurement unit for the same procurement item; and
(iv) not used to circumvent the purposes and policies of this chapter as set forth in Section 63G-6a-102.
(2) The period of trial use or testing of a procurement item under a trial use contract may not exceed 24 months, unless the procurement official provides a written exception documenting the reason for a longer period.
(3) A trial use contract shall:
(a) state that the contract is strictly for the trial use or testing of a procurement item;
(b) state that the contract terminates upon completion of the trial use or testing period;
(c) state that the procurement unit is not obligated to purchase or enter into a contract for the procurement item, regardless of the trial use or testing result;
(d) state that any purchase of the procurement item that is the subject of the trial use contract will be made in accordance with this chapter; and
(e) include, as applicable:
(i) test schedules;
(ii) deadlines and a termination date;
(iii) measures that will be used to evaluate the performance of the procurement item;
(iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses;
(v) the obligations of the procurement unit and vendor;
(vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period;
(vii) an explanation of the grounds upon which the contract may be terminated;
(viii) a provision relating to any required bond or security deposit; and
(ix) other requirements unique to the procurement item for trial use or testing.
(4) Publication of notice under Section 63G-6a-112 is not required for a trial use contract.
(5) A rulemaking authority may make rules pertaining to a trial use contract.
Cite this article: FindLaw.com - Utah Code Title 63G. General Government § 63G-6a-802.3. Trial use contracts - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63g-general-government/ut-code-sect-63g-6a-802-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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