R33-9-105. Award of a Contract After Cancellation for Cause or by Mutual Agreement

  (1) If a contract awarded through a standard procurement process is cancelled for cause or by mutual agreement within the first twelve months of the contract term and the procurement item is still needed by the procurement unit, the chief procurement officer or head of a procurement unit with independent procurement authority shall make a determination as to whether it is in the best interest of the procurement unit to award a contract for the balance of the scope of work, as set forth in the solicitation, to:

  (a) the responsible vendor with a responsive solicitation response, meeting all minimum score thresholds set forth in the solicitation:

  (i) having the next lowest bid in an invitation for bids procurement process and in accordance with the provisions set forth in Utah Code 63G-6a, Part 6 and Administrative Rule R33; or

  (ii) with the next highest total score or other authorized method to award a contract in accordance with the provisions of:

  (A) the request for proposals procurement process set forth in Utah Code 63G-6a, Part 7 and Administrative Rule R33;

  (B) the approved vendor list procurement process set forth in Utah Code 63G-6a-507 and R33; or

  (C) the design professional procurement process set forth in Utah Code 63G-6a, Part 15 and Administrative Rule R33; or

  (b) issue a new solicitation for the procurement item.

  (2) The chief procurement officer or head of a procurement unit with independent procurement authority shall consider the following when making a determination under Subsection (1):

  (a) the fair and equitable treatment of all persons currently involved or that may be involved in the procurement process pertaining to the procurement item;

  (b) the length of time that has passed between the initial procurement and cancellation of the awarded contract;

  (c) the applicability and competitiveness of prices submitted in response to the initial procurement;

  (d) the willingness of the vendor to maintain prices submitted in the vendor's initial response to the solicitation for the full scope of work or, as applicable, remaining proportionate scope of work;

  (e) the vendor's availability and ability to perform the work;

  (f) the existence of additional or new vendors who may be available and willing to submit responses to a new solicitation for the procurement item;

  (g) costs and time delays to the procurement unit associated with conducting a new procurement; and

  (h) other applicable issues unique to the solicitation or procurement item.

  (3) This rule may not be used:

  (a) If a contract is cancelled by a procurement unit for convenience;

  (b) To extend the contract beyond the contract period identified in the solicitation; or

  (c) If a contract is cancelled after the first twelve months of the contract period.