Avoidance of contract extensions In fulfillment of its contract administration duties, the District shall maintain a process or system for tracking contract expiration dates in order to determine well in advance of a contract expiration date if there is a continuing need for the procurement item. If the District determines there is a continuing need for the procurement item, the District unit shall whenever practicable initiate a standard procurement process no later than 90 days prior to the contract expiration date of an existing contract and no later than 45 days prior to the contract expiration date, publish, if applicable, a solicitation for the procurement item. However, if the District determines that a procurement will be complex or involve a change in industry standards or new specifications requiring negotiations, the District shall initiate a standard procurement process no later than 180 days prior to the contract expiration date and no later than 45 days prior to the contract expiration date, publish, if applicable, a solicitation for the procurement item. Utah Admin. Rules R33-8-110(2) (June 21, 2017) Circumstances which do not justify contract extension Contract extension is not justified if there has been an intentional delay in conducting a standard procurement process to award a contract to replace an expiring contract, or if there has been an intentional delay in executing a contract to replace an expiring contract. An improper avoidance of use of a standard procurement process in order to extend the duration of an existing contract with a vendor may be considered steering a contract to a favored provider, which is unlawful conduct. Utah Admin. Rules R33-8-110(3), (4) (June 21, 2017) Process for contract extension An existing contract may be extended for a period not to exceed 120 days if: 1. an extension is necessary to either a. avoid a lapse in a critical governmental service, or b. to mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property, and 2. the District is engaged in a standard procurement process for an item that is the subject of the contract being extended, and a. the standard procurement process is delayed due to unintentional error, or b. a change in industry standards requires one or more significant changes to specifications for the procurement item, or c. the extension is necessary to either i. prevent the loss of federal funds, or ii. mitigate the effects of a delay of a state or federal appropriation, or iii. to enable the District to continue to receive a procurement item during a delay in the implementation of a contract awarded pursuant to a procurement that has already been conducted, or iv. to enable the District to continue to receive a procurement item during a period of time during which negotiations with a vendor under a new contract for the item are being conducted;
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