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(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if:
(a) the purpose of the contract is to:
(i) determine whether the procurement item will benefit the procurement unit;
(ii) assess the feasibility of a procurement item that:
(A) is new or innovative; or
(B) has a proposed use or application that is novel or unproven; or
(iii) evaluate whether to conduct a standard procurement process for the procurement item being tested; and
(b) the contract is:
(i) awarded for a procurement item that is not already available to the procurement unit under an existing contract;
(ii) 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;
(iii) the only trial use contract for that procurement unit for the same procurement item; and
(iv) 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:
(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.
(4) Publication of notice under Section 63G-6a-112 is not required for a trial use contract.
(5) A rulemaking authority may make rules pertaining to a trial use contract.