63G-6a-802.3. Trial use contracts.
(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if: the purpose of the contract is to: determine whether the procurement item will benefit the procurement unit; assess the feasibility of a procurement item that: is new or innovative; or has a proposed use or application that is novel or unproven; or evaluate whether to conduct a standard procurement process for the procurement item being tested; and the contract is: awarded for a procurement item that is not already available to the procurement unit under an existing contract; 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; the only trial use contract for that procurement unit for the same procurement item; and 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 24 months, unless the procurement official provides a written exception documenting the reason for a longer period.
(3) A trial use contract shall: state that the contract is strictly for the trial use or testing of a procurement item; state that the contract terminates upon completion of the trial use or testing period; 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; 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 include, as applicable: test schedules; deadlines and a termination date; measures that will be used to evaluate the performance of the procurement item; any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses; the obligations of the procurement unit and vendor; provisions regarding the ownership of the procurement item during and after the trial use or testing period; an explanation of the grounds upon which the contract may be terminated; a provision relating to any required bond or security deposit; and other requirements unique to the procurement item for trial use or testing.
(4) Publication of notice under Sectionis not required for a trial use contract. 63G-6a-112
(5) A rulemaking authority may make rules pertaining to a trial use contract.