{"data":{"id":"us-ut/utah-code-63g-6a-802","jurisdiction":"us-ut","citation":"Utah Code § 63G-6a-802","heading":"Award of contract without engaging in a standard procurement process -- Notice -- Duty to negotiate contract terms in best interest of procurement unit.","body":"(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:\n(a) there is only one source for the procurement item;\n(b)\n(i) transitional costs are a significant consideration in selecting a procurement item; and\n(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;\n(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; or\n(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.\n(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).\n(3)\n(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.\n(b) Publication of notice under Section 63G-6a-112 is not required for:\n(i) the procurement of public utility services pursuant to a sole source contract; or\n(ii) other procurements under this section for which an applicable rule provides that notice is not required.\n(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.","path":["Title 63G General Government","Chapter 63G-6a Utah Procurement Code","Part 63G-6a-8 Exceptions to Procurement Requirements"],"source_url":"https://le.utah.gov/xcode/Title63G/Chapter6a/63G-6a-S802.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"ed2658f7de02574242e43b03c0d343808c35d6cd927c81599b88c6102cb1481a","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63g-6a-801","next":"us-ut/utah-code-63g-6a-802.3"},"notice":"GroundRules: Original legal text. Not legal advice."}