An existing contract may be extended for the period of a protest, appeal, or court action if such protest, appeal, or court action is the reason for delaying the award of a new contract. An existing contract may be extended for a period exceeding 120 days if, after consulting with the attorney general or the District’s attorney, the Board or the chief procurement officer determines in writing that the extension does not violate state or federal antitrust laws and is consistent with the purpose of ensuring the fair and equitable treatment of all persons who deal with the procurement system. Utah Code § 63G-6a-802.7 (2017)
1.1017.10 EMERGENCY PROCUREMENT Issue Date: 5/8/14 Updated: 01/03/19 CBF
Notwithstanding any other District policy regarding procurement, the Board of Education or the Procurement Officer may authorize an emergency procurement without using a standard procurement process if the procurement is necessary to mitigate circumstances that create harm or risk of harm to public health, safety, welfare, or property. Circumstances that may create harm or risk of harm to public health, welfare, safety, or property include: 1. damage to a facility or infrastructure resulting from flood, fire, earthquake, storm, or explosion; 2. failure or imminent failure of a public building, equipment, road, bridge or utility; 3. terrorist activity; 4. epidemics; 5. civil unrest; 6. events that impair the ability of a public entity to function or perform required services; 7. situations that may cause harm or injury to life or property; or 8. other conditions as determined in writing by the Procurement Officer or Board of Education or its designee. Emergency procurements are limited to those procurement items necessary to mitigate the emergency. The District shall ensure that the procurement is made with as much competition as reasonably practicable (through use of phone quotes, Internet quotes, limited invitations to bid, or other selection methods) while avoiding harm, or risk of harm, to the public health, safety, welfare, property, or impairing the ability of a public entity (including the District) to function or perform required services. After the emergency condition has been alleviated, the District shall prepare a written determination documenting the basis for the emergency and the selection of the procurement item. This determination shall be kept in the contract file. Utah Code § 63G-6a-803 (2016) Utah Admin. Rules R33-8-401 (June 21, 2017)
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