R354-5-102. Award of Contract Without Engaging in a Standard Procurement Process -Notice Duty to Negotiate Contract Terms in Best Interest of Procurement Unit

(1) The CRAU may award a Contract for a Procurement Item without engaging in a Standard Procurement Process if the Procurement Official determines in writing that: (a) there is only one source for the Procurement Item; (b)(i) Transitional Costs are a significant consideration in selecting a Procurement Item; and (ii) the results of a cost-benefit analysis demonstrate that Transitional Costs are unreasonable or cost-prohibitive, and that the award of a Contract without engaging in a Standard Procurement Process is in the best interest of the CRAU; (2)(a) Subject to Subsection (2)(b), the Procurement Officer shall cause a publication of notice of the Procurement if the cost of the Procurement exceeds $50,000. (b) Publication of the notice described in this Subsection (2)(b) is not required for: (i) the Procurement of public utility services pursuant to a Sole Source Contract; or (ii) other Procurements under this section for which an applicable rule provides that notice is not required. (3) A Procurement Official who awards a Contract under this section shall negotiate with the Contractor to ensure that the terms of the Contract, including price and delivery, are in the best interest of the CRAU.