Utah Admin. Code R354-5-102 - Award of Contract Without Engaging in a Standard Procurement Process - Notice Duty to Negotiate Contract Terms in Best Interest of Procurement Unit
(1) The CRAU may award a Contract for a
Procurement Item without engaging in a Standard Procurement Process if the
Procurement Official determines in writing that:
(a) there is only one source for the
Procurement Item;
(b)
(i) Transitional Costs are a significant
consideration in selecting a Procurement Item; and
(ii) the results of a cost-benefit analysis
demonstrate that Transitional Costs are unreasonable or cost-prohibitive, and
that the award of a Contract without engaging in a Standard Procurement Process
is in the best interest of the CRAU;
(2)
(a)
Subject to Subsection (2)(b), the Procurement Officer shall cause a publication
of notice of the Procurement if the cost of the Procurement exceeds
$50,000.
(b) Publication of the
notice described in this Subsection (2)(b) is not required for:
(i) the Procurement of public utility
services pursuant to a Sole Source Contract; or
(ii) other Procurements under this section
for which an applicable rule provides that notice is not required.
(3) A Procurement
Official who awards a Contract under this section shall negotiate with the
Contractor to ensure that the terms of the Contract, including price and
delivery, are in the best interest of the CRAU.
Notes
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