R33-8-110. Extension of a Contract Without Engaging in a Standard Procurement Process

  (1) One of the underlying purposes and policies of the Utah Procurement Code 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 whenever 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 conducting procurement unit and includes all functions, duties, and responsibilities associated with closing out a contract. In fulfillment of these duties, the conducting procurement unit shall maintain a process or system for tracking contract expiration dates in order to determine well in advance of a contract expiration date if there is a continuing need for the procurement item. If the conducting procurement unit determines there is a continuing need for the procurement item, the conducting procurement unit shall whenever practicable:

  (a)(i) Initiate a standard procurement process no later than 90 days prior to the contract expiration date of an existing contract; and

  (ii) No later than 45 days prior to the contract expiration date, publish, if applicable, a solicitation for the procurement item; or

  (b)(i) If the conducting 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 prior to the contract expiration date, initiate a standard procurement process; and

  (ii) No later than 45 days prior to 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 in order 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.