If defective cost or pricing data was used to adjust a contract price, the vendor and the District may enter into discussions to negotiate a settlement. If a settlement cannot be negotiated, either party may seek relief through the courts.
Utah Admin. Rules R33-12-601 (June 21, 2017) Utah Admin. Rules R33-12-602 (June 21, 2017)
Installment payments and contract prepayments The District may enter into a contract which provides for installment payments, including interest charges, over a period of time, if the Procurement Officer makes a written finding that: 1. the use of installment payments is in District’s interest; 2. installment payments are not used as a method of avoiding budgetary constraints; 3. the District has obtained all budgetary approvals and other approvals required for making the installment payments; 4. all aspects of the installment payments required in the contract are in accordance with the requirements of law; and 5. for a contract awarded through an invitation for bids or a request for proposals, the invitation for bids or request for proposals indicates that installment payments are required or permitted. The District may not pay for a procurement item before the procurement item is received by the District unless the Procurement Officer makes a written finding that it is necessary or beneficial for the District to pay for the procurement item before the procurement item is received. Such circumstances include (a) when it is customary in the industry to prepay for the procurement item, (b) if the District will receive an identifiable benefit by prepaying, including reduced costs, additional procurement items, early delivery, better service, or better contract terms; or (c) such other circumstances as may be permitted by Procurement Policy Board rule. A prepaid expenditure shall be supported by documentation indicating: 1. the amount of the prepayment; 2. the prepayment schedule; 3. the procurement items to which each prepayment relates; 4. the remedies for a contractor’s noncompliance with requirements relating to the provision of the procurement items; and 5. all other terms and conditions relating to the payments and the procurement items. The Procurement Officer or his or her designee may require a performance bond, of up to 100% of the prepayment amount, from the person to whom the prepayments are made. Utah Code § 63G-6a-1208 (2013) Leases of personal property As used in this policy, “lease” means for the District to lease or lease-purchase a procurement item from a person. (This does not apply to the lease of real property.) The District may only lease a procurement item if each of the following requirements is met:
Made with FlippingBook flipbook maker