Section 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.Utah Admin. Code R354-5-102
Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021