§ 63G-6a-802.3 — Trial use contracts.

Utah § 63G-6a-802.3

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

Text

(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if:

(1)(a) the purpose of the contract is to:
(1)(a)(i) determine whether the procurement item will benefit the procurement unit;
(1)(a)(ii) assess the feasibility of a procurement item that:

(1)(a)(ii)(A) is new or innovative; or
(1)(a)(ii)(B) has a proposed use or application that is novel or unproven; or
(1)(a)(iii) evaluate whether to conduct a standard procurement process for the procurement item being tested; and
(1)(b) the contract is:
(1)(b)(i) awarded for a procurement item that is not already available to the procurement unit under an existing contract;
(1)(b)(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;
(1)(b)(iii) the only trial use contract for that procurement unit for the same procurement item; and
(1)(b)(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:

(3)(a) state that the contract is strictly for the trial use or testing of a procurement item;
(3)(b) state that the contract terminates upon completion of the trial use or testing period;
(3)(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;
(3)(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
(3)(e) include, as applicable:
(3)(e)(i) test schedules;
(3)(e)(ii) deadlines and a termination date;
(3)(e)(iii) measures that will be used to evaluate the performance of the procurement item;
(3)(e)(iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses;
(3)(e)(v) the obligations of the procurement unit and vendor;
(3)(e)(vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period;
(3)(e)(vii) an explanation of the grounds upon which the contract may be terminated;
(3)(e)(viii) a provision relating to any required bond or security deposit; and
(3)(e)(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.

Legislative History

Amended by Chapter 257, 2020 General Session