{"data":{"id":"us-ut/utah-code-63g-6a-802.3","jurisdiction":"us-ut","citation":"Utah Code § 63G-6a-802.3","heading":"Trial use contracts.","body":"(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if:\n(a) the purpose of the contract is to:\n(i) determine whether the procurement item will benefit the procurement unit;\n(ii) assess the feasibility of a procurement item that:\n(A) is new or innovative; or\n(B) has a proposed use or application that is novel or unproven; or\n(iii) evaluate whether to conduct a standard procurement process for the procurement item being tested; and\n(b) the contract is:\n(i) awarded for a procurement item that is not already available to the procurement unit under an existing contract;\n(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;\n(iii) the only trial use contract for that procurement unit for the same procurement item; and\n(iv) not used to circumvent the purposes and policies of this chapter as set forth in Section 63G-6a-102.\n(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.\n(3) A trial use contract shall:\n(a) state that the contract is strictly for the trial use or testing of a procurement item;\n(b) state that the contract terminates upon completion of the trial use or testing period;\n(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;\n(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\n(e) include, as applicable:\n(i) test schedules;\n(ii) deadlines and a termination date;\n(iii) measures that will be used to evaluate the performance of the procurement item;\n(iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses;\n(v) the obligations of the procurement unit and vendor;\n(vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period;\n(vii) an explanation of the grounds upon which the contract may be terminated;\n(viii) a provision relating to any required bond or security deposit; and\n(ix) other requirements unique to the procurement item for trial use or testing.\n(4) Publication of notice under Section 63G-6a-112 is not required for a trial use contract.\n(5) A rulemaking authority may make rules pertaining to a trial use contract.","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-S802.3.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"446c26dc80cb6dc12b5916315ba91a6c9c3fa3edc458ec1442a0f2de62d37457","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63g-6a-802","next":"us-ut/utah-code-63g-6a-802.7"},"notice":"GroundRules: Original legal text. Not legal advice."}