Section 63G-6a-802.3 - Trial use contracts(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if:(a) the purpose of the contract is to:(i) determine whether the procurement item will benefit the procurement unit;(ii) assess the feasibility of a procurement item that: (A) is new or innovative; or(B) has a proposed use or application that is novel or unproven; or(iii) evaluate whether to conduct a standard procurement process for the procurement item being tested; and(b) the contract is: (i) awarded for a procurement item that is not already available to the procurement unit under an existing contract;(ii) restricted to the procurement of a procurement item in the minimum quantity and for the minimum period of time necessary to test the procurement item;(iii) the only trial use contract for that procurement unit for the same procurement item; and(iv) not used to circumvent the purposes and policies of this chapter as set forth in Section 63G-6a-102.(2) The period of trial use or testing of a procurement item under a trial use contract may not exceed 24 months, unless the procurement official provides a written exception documenting the reason for a longer period.(3) A trial use contract shall: (a) state that the contract is strictly for the trial use or testing of a procurement item;(b) state that the contract terminates upon completion of the trial use or testing period;(c) state that the procurement unit is not obligated to purchase or enter into a contract for the procurement item, regardless of the trial use or testing result;(d) state that any purchase of the procurement item that is the subject of the trial use contract will be made in accordance with this chapter; and(e) include, as applicable: (ii) deadlines and a termination date;(iii) measures that will be used to evaluate the performance of the procurement item;(iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses;(v) the obligations of the procurement unit and vendor;(vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period;(vii) an explanation of the grounds upon which the contract may be terminated;(viii) a provision relating to any required bond or security deposit; and(ix) other requirements unique to the procurement item for trial use or testing.(4) Publication of notice under Section 63G-6a-112 is not required for a trial use contract.(5) A rulemaking authority may make rules pertaining to a trial use contract.Amended by Chapter 257, 2020 General Session ,§ 37, eff. 5/12/2020.Added by Chapter 355, 2016 General Session ,§ 40, eff. 3/28/2016.