R33-12-502. Contract Modifications for New Technology and Technological Upgrades

  A contract for a procurement item may be modified to include new technology or technological upgrades associated with the procurement item, provided:

  (1) The solicitation contains a statement indicating that:

  (a) the awarded contract may be modified to incorporate new technology or technological upgrades associated with the procurement item being solicited, including new or upgraded:

  (i) systems;

  (ii) apparatuses;

  (iii) modules;

  (iv) components; and

  (v) other supplementary items;

  (b) a maintenance or service agreement associated with the procurement item under contract may be modified to include any new technology or technological upgrades; and

  (c) Any contract modification incorporating new technology or technological upgrades is specific to the procurement item being solicited and substantially within the scope of the original procurement or contract.

  (2) Any contract modification incorporating new technology or technological upgrades is agreed upon by all parties and is executed using the process set forth in the contract for other contract modifications.

  (3) Prior to executing a contract modification incorporating new technology or technological upgrades, executive branch procurement units shall obtain the approval of the Executive Director of the Department of Technology Services.

  (4) A contract modification for new technology or technology upgrades may not extend the term of the contract except as provided in the Utah Procurement Code.