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Utah Code Title 63G. General Government § 63G-6a-802. Award of contract without engaging in a standard procurement process--Notice--Duty to negotiate contract terms in best interest of procurement unit

Current as of January 01, 2025 | Updated by Findlaw Staff

<For repeal affecting § 63G-6a-802(1)(e) and (3)(b)(iii), see § 63I-2-263.>

(1) A procurement unit may award a contract for a procurement item without engaging in a standard procurement process if the procurement official determines in writing that:

(a) there is only one source for the procurement item;

(b)(i) transitional costs are a significant consideration in selecting a procurement item; and

(ii) the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit;

(c) the award of a contract is under circumstances, described in rules adopted by the rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit;

(d) the procurement item is intended to be used for, or in connection with the establishment of, a state store, as defined in Section 32B-1-102; or

(e) the procurement item is intended to be used to host a debate of candidates for president of the United States held at a state institution of higher education.

(2) Transitional costs associated with a trial use or testing of a procurement item under a trial use contract awarded under Section 63G-6a-802.3 may not be included in a consideration of transitional costs under Subsection (1)(b).

(3)(a) Subject to Subsection (3)(b), a rulemaking authority shall make rules regarding the publication of notice for a procurement under this section that, at a minimum, require publication of notice of the procurement, in accordance with Section 63G-6a-112, if the cost of the procurement exceeds $50,000.

(b) Publication of notice under Section 63G-6a-112 is not required for:

(i) the procurement of public utility services pursuant to a sole source contract;

(ii) other procurements under this section for which an applicable rule provides that notice is not required; or

(iii) a procurement under Subsection (1)(e).

(4) A procurement official who awards a contract under this section shall negotiate with the contractor to ensure that the terms of the contract, including price and delivery, are in the best interest of the procurement unit.

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Cite this article: FindLaw.com - Utah Code Title 63G. General Government § 63G-6a-802. Award of contract without engaging in a standard procurement process--Notice--Duty to negotiate contract terms in best interest of procurement unit - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63g-general-government/ut-code-sect-63g-6a-802/

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