Section R33-8-110 - Extension of a Contract Without Engaging in a Standard Procurement Process(1) One of the underlying purposes and policies of Title 63G-6a is to ensure the fair and equitable treatment of all persons who deal with the procurement system and to foster effective broad-based competition within the free enterprise system. The most effective way to achieve this is by conducting a standard procurement process when public funds are expended for a procurement item. A contract extension does not involve a standard procurement process and should only be used after thorough analysis and proper justification.(2) Pursuant to Section 63G-6a-103, "contract administration" is a duty of the procurement unit and includes all functions, duties, and responsibilities associated with closing out a contract. In fulfillment of these duties, the procurement unit shall maintain a process or system for tracking contract expiration dates to determine well in advance of a contract expiration date if there is a continuing need for the procurement item. If the procurement unit determines there is a continuing need for the procurement item, the procurement unit shall when practicable: (a)(i) initiate a standard procurement process no later than 90 days before the contract expiration date of an existing contract; and(ii) no later than 45 days before the contract expiration date, publish, if applicable, a solicitation for the procurement item; or(b)(i) if the procurement unit determines that a procurement will be complex or involve a change in industry standards or new specifications requiring negotiations, no later than 180 days before the contract expiration date, initiate a standard procurement process; and(ii) no later than 45 days before the contract expiration date, publish, if applicable, a solicitation for the procurement item.(3) The following do not justify an extension of a contract under Section 63G-6a-802.7:(a) a procurement unit's intentional delay in conducting a standard procurement process to award a contract to replace an expiring contract; and(b) a procurement unit or vendor's intentional delay in executing a contract to replace an expiring contract.(4) Improperly avoiding engaging in a standard procurement process to extend the duration of a vendor's existing contract through means of a contract extension, may be classified as steering a contract to a favored vendor which is reportable as unlawful conduct under Section 63G-6a-2407.Utah Admin. Code R33-8-110
Adopted by Utah State Bulletin Number 2016-18, effective 8/22/2016Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022