Except as stated below with regard to contracts with federal funding and regardless of anything in an invitation for bids, request for proposals, or a contract, no multiyear contract may continue or be renewed for any year after the first year of the multiyear contract if adequate funds are not appropriated or otherwise available to continue or renew the contract. A multiyear contract that is funded solely by federal funds may be continued or renewed for any year after the first year of the multiyear contract if: 1. adequate funds to continue or renew the contract have not been, but are expected to be appropriated by, and received from, the federal government; 2. continuation or renewal of the contract before the money is appropriated or received is permitted by the federal government; and 3. the contract states that it may be cancelled or suspended, without penalty, if the anticipated federal funds are not appropriated or received. A multiyear contract that is funded in part by federal funds may be continued or renewed for any year after the first year of the multiyear contract if: 1. the portion of the contract that is to be funded by District funds are appropriated; 2. adequate federal funds to continue or renew the contract have not been, but are expected to be, appropriated by, and received from, the federal government; 3. continuation or renewal of the contract before the federal money is appropriated or received is permitted by the federal government; and 4. the contract states that it may be cancelled or suspended, without penalty, if the anticipated federal funds are not appropriated or received. The District may not continue or renew a multiyear contract after the end of the multiyear contract term or the renewal periods described in the contract, unless the District engages in a new standard procurement process or complies with a valid exception to standard procurement. A multiyear contract, including any renewal periods, may not exceed a period of five years, unless the Procurement Officer makes a written determination that the longer period is necessary in order to obtain the procurement item, or that a longer period is customary for industry standards, or that a longer period is in the best interest of the District. This written determination must be included in the file relating to the procurement. However, this limitation does not apply to a contract for the design or construction of a facility, a road, or a contract for the financing of equipment. Utah Code § 63G-6a-1204 (2014) Multiple award contracts The District may enter into multiple award contracts with multiple persons through a standard procurement process as provided in this section. Multiple award contracts may be in the District’s best interest if award to two or more bidders or offerors for similar procurement items is needed or desired for adequate delivery, service, availability, or product compatibility. In entering into or seeking to enter into multiple award contracts, the District shall exercise care to protect and promote competition among bidders or offerors and shall name all eligible users of the multiple award contracts in the invitation for bids or request for proposals. If the District anticipates entering into multiple award contracts before issuing the invitation for bids or request for proposals, the invitation or request shall state that the District may enter into multiple award contracts at the end of the procurement process.
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