Utah Admin. Code R33-8-110 - Extension of a Contract Without Engaging in a Standard Procurement Process
(1) One of the
underlying purposes and policies of Title 63G-6a is to ensure the fair and
equitable treatment of all persons who deal with the procurement system and to
foster effective broad-based competition within the free enterprise system. The
most effective way to achieve this is by conducting a standard procurement
process when public funds are expended for a procurement item. A contract
extension does not involve a standard procurement process and should only be
used after thorough analysis and proper justification.
(2) Pursuant to Section
63G-6a-103, "contract
administration" is a duty of the procurement unit and includes all functions,
duties, and responsibilities associated with closing out a contract. In
fulfillment of these duties, the procurement unit shall maintain a process or
system for tracking contract expiration dates to determine well in advance of a
contract expiration date if there is a continuing need for the procurement
item. If the procurement unit determines there is a continuing need for the
procurement item, the procurement unit shall when practicable:
(a)
(i)
initiate a standard procurement process no later than 90 days before the
contract expiration date of an existing contract; and
(ii) no later than 45 days before the
contract expiration date, publish, if applicable, a solicitation for the
procurement item; or
(b)
(i) if the procurement unit determines that a
procurement will be complex or involve a change in industry standards or new
specifications requiring negotiations, no later than 180 days before the
contract expiration date, initiate a standard procurement process;
and
(ii) no later than 45 days
before the contract expiration date, publish, if applicable, a solicitation for
the procurement item.
(3) The following do not justify an extension
of a contract under Section
63G-6a-802.7:
(a) a procurement unit's intentional delay in
conducting a standard procurement process to award a contract to replace an
expiring contract; and
(b) a
procurement unit or vendor's intentional delay in executing a contract to
replace an expiring contract.
(4) Improperly avoiding engaging in a
standard procurement process to extend the duration of a vendor's existing
contract through means of a contract extension, may be classified as steering a
contract to a favored vendor which is reportable as unlawful conduct under
Section
63G-6a-2407.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.