63G-6a-1208. Installment payments -- Contract prepayments.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(1)A contract entered into by a procurement unit may provide for installment payments, including interest charges, over a period of time, if the procurement official makes a written finding that:

(a)the use of installment payments are in the interest of the procurement unit;

(b)installment payments are not used as a method of avoiding budgetary constraints;

(c)the procurement unit has obtained all budgetary approvals and other approvals required for making the installment payments;

(d)all aspects of the installment payments required in the contract are in accordance with the requirements of law; and

(e)for a contract awarded through an invitation for bids or a request for proposals, the invitation for bids or request for proposals indicates that installment payments are required or permitted.

(a)A procurement unit may not pay for a procurement item before the procurement unit receives the procurement item, unless the procurement official determines that it is necessary or beneficial for the procurement unit to pay for the procurement item before the procurement unit receives the procurement item.

(b)A procurement official's determination under Subsection (2)(a) shall be in writing, unless:

(i)the rulemaking authority has adopted a rule describing one or more circumstances under which a written determination is not necessary; and

(ii)the procurement official's determination is under one of those circumstances.

(3)Circumstances where prepayment may be necessary for, or beneficial to, the procurement unit include:

(a)when it is customary in the industry to prepay for the procurement item;

(b)if the procurement unit will receive an identifiable benefit by prepaying, including reduced costs, additional procurement items, early delivery, better service, or better contract terms; or

(c)other circumstances permitted by rule made by the rulemaking authority.

(4)The rulemaking authority may make rules governing prepayments.

(5)A prepaid expenditure shall be supported by documentation indicating:

(a)the amount of the prepayment;

(b)the prepayment schedule;

(c)the procurement items to which each prepayment relates;

(d)the remedies for a contractor's noncompliance with requirements relating to the provision of the procurement items; and

(e)all other terms and conditions relating to the payments and the procurement items.

(6)The procurement official or the procurement official's designee may require a performance bond, of up to 100% of the prepayment amount, from the person to whom the prepayments are made.

Amended by Chapter 257 , 2020 General Session