Section 63G-6a-802 - Award of contract without engaging in a standard procurement process - Notice - Duty to negotiate contract terms in best interest of procurement unit(1) A procurement unit 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 procurement unit;(c) the award of a contract is under circumstances, described in rules adopted by the rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit;(d) the procurement item is intended to be used for, or in connection with the establishment of, a state store, as defined in Section 32B-1-102; or(e) the procurement item is intended to be used to host a debate of candidates for president of the United States held at a state institution of higher education.(2) Transitional costs associated with a trial use or testing of a procurement item under a trial use contract awarded under Section 63G-6a-802.3 may not be included in a consideration of transitional costs under Subsection (1)(b).(3)(a) Subject to Subsection (3)(b), a rulemaking authority shall make rules regarding the publication of notice for a procurement under this section that, at a minimum, require publication of notice of the procurement, in accordance with Section 63G-6a-112, if the cost of the procurement exceeds $50,000.(b) Publication of notice under Section 63G-6a-112 is not required for: (i) the procurement of public utility services pursuant to a sole source contract;(ii) other procurements under this section for which an applicable rule provides that notice is not required; or(iii) a procurement under Subsection (1)(e).(4) 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 procurement unit.Amended by Chapter 530, 2024 General Session ,§ 1, eff. 3/21/2024.Amended by Chapter 406, 2021 General Session ,§ 2, eff. 5/5/2021.Amended by Chapter 257, 2020 General Session ,§ 36, eff. 5/12/2020.Amended by Chapter 286, 2020 General Session ,§ 1, eff. 3/28/2020.Amended by Chapter 355, 2016 General Session ,§ 39, eff. 3/28/2016.Amended by Chapter 196, 2014 General Session ,§ 46, eff. 3/29/2014.Amended by Chapter 445, 2013 General Session ,§ 61, eff. 5/1/2013.Renumbered from § 63G-6-410 and amended by Chapter 347, 2012 General Session ,§ 132, eff. 5/1/2013.Renumbered and Amended by Chapter 382, 2008 General Session