1. (1) Executive branch procurement units without independent procurement authority shall use the standard terms and conditions established the division for each particular procurement unless exceptions or additions are granted by the procurement official after consultation with the Attorney General's Office. Public entities, other than executive branch procurement units, may enact similar requirements. Terms and conditions may be established for:

   1. (a) a category of procurement items;
   2. (b) a specific procurement item;
   3. (c) general use in procurements;
   4. (d) the special needs of a procurement unit; or
   5. (e) the requirements of federal funding.

2. (2) In addition to the required standard terms and conditions, executive branch procurement units without independent procurement authority may submit their own additional special terms and conditions subject to the following:

   1. (a) the chief procurement officer may reject terms and conditions submitted by a conducting procurement unit if:

      1. (i) the terms and conditions are unduly restrictive;
      2. (ii) will unreasonably increase the cost of the procurement item; or
      3. (iii) places the state at increased risk.
   2. (b) the procurement official may require the conducting procurement unit's Assistant Attorney General to approve any additional special terms and conditions.

KEY: terms and conditions, contracts, change orders, costs

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1); 63G-6a-1202; 63G-6a-1204; 63G-6a-1205; 63G-6a-1207; 63G-6a-1208; 63G-6a-1209