Utah Admin. Code R33-12-201 - Establishment of Terms and Conditions
(1) Executive branch procurement units
without independent procurement authority shall be required to use the standard
terms and conditions adopted by the division for each particular procurement,
unless exceptions or additions are granted by the procurement official after
consultation with the Attorney General's Office. Public entities, other than
executive branch procurement units, may enact similar requirements. Terms and
conditions may be established for:
(a) a
category of procurement items;
(b)
a specific procurement item;
(c)
general use in procurements;
(d)
the special needs of a procurement unit; or
(e) the requirements of federal
funding.
(2) In addition
to the required standard terms and conditions, executive branch procurement
units without independent procurement authority may submit their own additional
special terms and conditions subject to the following:
(a) the chief procurement officer may reject
terms and conditions submitted by a conducting procurement unit if:
(i) the terms and conditions are unduly
restrictive;
(ii) will unreasonably
increase the cost of the procurement item; or
(iii) places the state at increased
risk.
(b) the
procurement official may require the conducting procurement unit's Assistant
Attorney General to approve any additional special terms and
conditions.
Notes
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