(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if the contract is: (a) awarded for a procurement item that is not already available to the procurement unit under an existing contract; (b) restricted to the procurement of a procurement item in the minimum quantity and for the minimum period of time necessary to test the procurement item; (c) the only trial use contract for that procurement unit for the same procurement item; and (d) not used to circumvent the purposes and policies of this chapter as set forth in Section 63G-6a-102.

(a) awarded for a procurement item that is not already available to the procurement unit under an existing contract;

(b) restricted to the procurement of a procurement item in the minimum quantity and for the minimum period of time necessary to test the procurement item;

(c) the only trial use contract for that procurement unit for the same procurement item; and

(d) not used to circumvent the purposes and policies of this chapter as set forth in Section 63G-6a-102.

(2) The period of trial use or testing of a procurement item under a trial use contract may not exceed 18 months, unless the procurement officer provides a written exception documenting the reason for a longer period.

(3) A trial use contract shall: (a) state that the contract is strictly for the trial use or testing of a procurement item; (b) state that the contract terminates upon completion of the trial use or testing period; (c) state that the procurement unit is not obligated to purchase or enter into a contract for the procurement item, regardless of the trial use or testing result; (d) state that any purchase of the procurement item that is the subject of the trial use contract will be made in accordance with this chapter; and (e) include, as applicable: (i) test schedules; (ii) deadlines and a termination date; (iii) measures that will be used to evaluate the performance of the procurement item; (iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses; (v) the obligations of the procurement unit and vendor; (vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period; (vii) an explanation of the grounds upon which the contract may be terminated; (viii) a provision relating to any required bond or security deposit; and (ix) other requirements unique to the procurement item for trial use or testing.

(a) state that the contract is strictly for the trial use or testing of a procurement item;

(b) state that the contract terminates upon completion of the trial use or testing period;

(c) state that the procurement unit is not obligated to purchase or enter into a contract for the procurement item, regardless of the trial use or testing result;

(d) state that any purchase of the procurement item that is the subject of the trial use contract will be made in accordance with this chapter; and

(e) include, as applicable: (i) test schedules; (ii) deadlines and a termination date; (iii) measures that will be used to evaluate the performance of the procurement item; (iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses; (v) the obligations of the procurement unit and vendor; (vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period; (vii) an explanation of the grounds upon which the contract may be terminated; (viii) a provision relating to any required bond or security deposit; and (ix) other requirements unique to the procurement item for trial use or testing.

(i) test schedules;

(ii) deadlines and a termination date;

(iii) measures that will be used to evaluate the performance of the procurement item;

(iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses;

(v) the obligations of the procurement unit and vendor;

(vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period;

(vii) an explanation of the grounds upon which the contract may be terminated;

(viii) a provision relating to any required bond or security deposit; and

(ix) other requirements unique to the procurement item for trial use or testing.

(4) Publication of notice under Section 63G-6a-112 is not required for a trial use contract.

(5) The applicable rulemaking authority may make rules pertaining to a trial use contract.