1. the Procurement Officer determines that it is in the best interest of the District to lease the procurement item, after he or she investigates and considers the costs and benefits of alternative means of obtaining the procurement item; 2. all conditions for renewal and costs of termination are included in the lease; 3. the lease is awarded through a standard procurement process or a valid exception described in Section 1.1017; 4. for a standard procurement process, the invitation for bids, request for proposals, or request for quotes states that the District is seeking, or willing to consider, a lease (or a lease purchase); 5. the lease is not used to avoid competition; and 6. the lease complies with all other applicable provisions of law or rule. Utah Code § 63G-6a-1209 (2013) Utah Admin. Rules R33-12-403 (June 21, 2017) Technology modifications A contract may be modified to incorporate new technology or technological upgrades if the modification is agreed to by all parties and if the modification is executed using the process set out in the contract for other contract modifications. Otherwise, a contract may be modified to incorporate new technology or techological upgrades only if the modification is specific to the procurement item being solicited and substantially within the scope of the original procurement or contract and if the solicitation leading to the award of the contract contained one of the following statements: (1) that the awarded contract may be modified to incorporate new technology or technological upgrades associated with the procurement item being solicited, including new or upgraded systems, apparatuses, modules, components, and other supplementary items; or (2) that a maintenance or service agreement associate with the procurement item under contract may be modified to include any new technology or technological upgrades. No contract may be extended beyond the term of the contract included in the solicitation except as provided in the Utah Procurement Code. Utah Admin. Rules R33-12-502 (June 21, 2017) Multiyear contracts The District may enter into a multiyear contract if the Procurement Officer determines, in his or her discretion, that doing so is in the District’s best interest and the other requirements of this section are satisfied. The Procurement Officer shall consider whether the multiyear contract will: 1. result in significant savings to the District, including (a) reduction of the administrative burden in procuring, negotiating, or administering contracts, (b) continuity in operations of the District, or (c) the ability to obtain a volume or term discount; 2. encourage participation by a person who might not otherwise be willing or able to compete for a shorter term contract; or 3. provide an incentive for a bidder or offeror to improve productivity through capital investment or better technology. The invitation for bids or request for proposals must (a) state the term of the contract, including all possible renewals of the contract, (b) state the conditions for renewal of the contract, and (c) include the pertinent funding and renewal condition provision applicable to the contract.
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