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·Title 63G General Government·Ch. 63G-6a Utah Procurement Code·Part 63G-6a-8 Exceptions to Procurement Requirements

(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

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(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.

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.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.