Utah § 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.

Utah Statutes

§ 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.

Utah § 63G-6a-802

Title 63GGeneral Government

Ch. 63G-6aUtah Procurement Code

Part 63G-6a-8Exceptions to Procurement Requirements

This text of Utah § 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.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 63G-6a-802 (2026).

Text

(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:

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

(1)(b) (1)(b)(i) transitional costs are a significant consideration in selecting a procurement item; and

(1)(b)(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;

(1)(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 t

Free access — add to your briefcase to read the full text and ask questions with AI

(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:
(1)(a) there is only one source for the procurement item;
(1)(b) (1)(b)(i) transitional costs are a significant consideration in selecting a procurement item; and
(1)(b)(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;
(1)(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; or
(1)(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.
(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) (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.
(3)(b) Publication of notice under Section 63G-6a-112 is not required for:
(3)(b)(i) the procurement of public utility services pursuant to a sole source contract; or
(3)(b)(ii) other procurements under this section for which an applicable rule provides that notice is not required.
(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.