The District may award a contract for a procurement item without engaging in a standard procurement process if the Board of Education or the Procurement Officer makes a written determination that awarding a contract through a standard procurement process is impractical and not in the best interest of the District. Utah Code § 63G-6a-802(1)(c) (2016) Utah Admin. Rules R33-8-101(1)(c) (June 21, 2017) In considering whether the use of a standard procurement process is impractical and not in the best interest of the District, the Procurement Officer or Board of Education may consider the following circumstances: 1. awarding the contract to a specific supplier, service provider, or contractor is a condition of a donation or grant that will fund the full cost of the supply, service, or construction item; 2. the procurement item is public utility services and only one public utility service of the type is available in an area; 3. the procurement item is one where compatibility is the overriding consideration; or 4. the procurement item is a used item that presents a unique, specialized, or time-limited buying opportunity. Utah Admin. Rules R33-8-101c (June 21, 2017) Prior to awarding a contract under this process, the District must follow the procedure outlined above for the “Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process.” Utah Admin. Rules R33-8-101d (June 21, 2017)
1.1017.08 TRIAL USE CONTRACTS Issue Date: 01/03/19 CBF
A “trial use contract” is a contract between the District and a vendor for a procurement item that the District acquires for trial use or testing to determine whether it will benefit the District. Utah Code § 63G-6a-103(95) (2018) The District may award a trial use contract without engaging in a standard procurement process if the contract is (1) awarded for a procurement item that is not already available to the District under an existing contract, (2) 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, (3) the only trial use contract for the District for the same procurement item; and (4) not used to circumvent the purposes and policies of the Procurement Code. Utah Code § 63G-6a-802.3(1) (2016) The period of trial use or testing of a procurement item under a trial use contract may not exceed 18 months, unless the Procurement Officer provides a written exception documenting the reason for a longer period. Utah Code § 63G-6a-802.3(2) (2016)
Made with FlippingBook flipbook maker