Utah Admin. Code R354-8-109 - Installment Payments - Contract Prepayments

(1) A Contract entered into by the CRAU may provide for installment payments, including interest charges, over a period of time, if the Procurement Official makes a written finding that:

(a) the use of installment payments are in the interest of the CRAU;

(b) installment payments are not used as a method of avoiding budgetary constraints;

(c) the CRAU has obtained any budgetary approval and other approvals required for making the installment payments;

(d) any aspects of the installment payments required in the Contract are in accordance with the requirements of law; and

(e) for a Contract awarded through an Invitation for Bids or a Request for Proposals, the Invitation for Bids or Request for Proposals indicates that installment payments are required or permitted.

(2)

(a) The CRAU may not pay for a Procurement Item before the CRAU receives the Procurement Item, unless the Procurement Official determines that it is necessary or beneficial for the CRAU to pay for the Procurement Item before the CRAU receives the Procurement Item.

(b) A Procurement Official's determination under Subsection (2)(a) shall be in writing, unless:

(i) the rulemaking authority has adopted a rule describing one or more circumstances under which a written determination is not necessary; and

(ii) the Procurement Official's determination is under one of those circumstances.

(3) Circumstances where prepayment may be necessary for, or beneficial to, the CRAU include:

(a) when it is customary in the industry to prepay for the Procurement Item;

(b) if the CRAU will receive an identifiable benefit by prepaying, including reduced costs, additional Procurement Items, early delivery, better service, or better Contract terms; or

(c) other circumstances permitted by rule made by the rulemaking authority.

(4) The Procurement Officer may adopt policies governing prepayments.

(5) A prepaid expenditure shall be supported by documentation indicating:

(a) the amount of the prepayment;

(b) the prepayment schedule;

(c) the Procurement Items to which each prepayment relates;

(d) the remedies for a Contractor's noncompliance with requirements relating to the provision of the Procurement Items; and

(e) any other terms and conditions relating to the payments and the Procurement Items.

(6) The Procurement Official or the Procurement Official's designee may require a performance bond, of up to 100% of the prepayment amount, from the person to whom the prepayments are made.

Notes

Utah Admin. Code R354-8-109

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021