Effective 5/9/2017 63G-6a-102. Purpose of chapter. The underlying purposes and policies of this chapter are: (1) to ensure transparency in the public procurement process; (2) to ensure the fair and equitable treatment of all persons who participate in the public procurement process; (3) to provide increased economy in state procurement activities; and (4) to foster […]
Effective 7/1/2021 63G-6a-106. Independent procurement units. (1) An independent procurement unit may, without the supervision, interference, oversight, control, or involvement of the division or the chief procurement officer, but in accordance with the requirements of this chapter: (a) engage in a standard procurement process; (b) acquire a procurement item under an exception, as provided in […]
Effective 3/28/2016 63G-6a-106.5. Policy for legislative procurement units. The Legislative Management Committee shall adopt a policy establishing requirements applicable to a legislative procurement unit. Enacted by Chapter 355, 2016 General Session
Effective 5/12/2020 63G-6a-107.2. Application of chapter in general. (1) Except as provided in Section 63G-6a-107.6, this chapter applies to every procurement. (2) Notwithstanding any other provision of this chapter: (a) a procurement unit may administer a procurement in accordance with the requirements imposed by the source of the funds used to procure the procurement item; […]
Effective 5/12/2020 63G-6a-107.4. Application of chapter to counties and municipalities and the Utah Housing Corporation. A county or municipality or the Utah Housing Corporation: (1) may adopt: (a) any or all provisions of this chapter; or (b) any or all rules adopted by the board under this chapter; and (2) is subject to and shall […]
Effective 5/4/2022 63G-6a-107.5. Application of chapter to project entities. This chapter applies to a project entity to the extent described in Section 11-13-316. Enacted by Chapter 422, 2022 General Session
Effective 3/16/2021 63G-6a-107.6. Exemptions from chapter. (1) Except for this Subsection (1), the provisions of this chapter do not apply to: (a) a public entity’s acquisition of a procurement item from another public entity; or (b) a public entity that is not a procurement unit, including the Colorado River Authority of Utah as provided in […]
Effective 5/12/2020 63G-6a-107.7. Procurement rules. (1) (a) Subject to Subsection (1)(b), the rulemaking authority for a procurement unit shall make rules relating to the management and control of procurements and procurement procedures by the procurement unit. (b) Building board rules governing procurement of construction projects, design professional services, and leases apply to the procurement of […]
Effective 5/12/2020 63G-6a-107.8. Building board report to legislative interim committee. The building board shall make a report on or before July 1 of each year to a legislative interim committee designated by the Legislative Management Committee, created under Section 36-12-6, on the establishment, implementation, and enforcement of the rules made by the building board under […]
Effective 3/29/2014 63G-6a-108. Limitations on and responsibility of executive branch procurement units. (1) An executive branch procurement unit may not engage in a procurement unless: (a) the procurement is made under the direction and control of the division; or (b) the procurement is made under Section 63G-6a-106. (2) An executive branch procurement unit that conducts […]
Effective 5/4/2022 63G-6a-109. Issuing procurement unit and conducting procurement unit. (1) With respect to a procurement by an executive branch procurement unit, except for a procurement by an executive branch procurement unit that, under Subsection 63G-6a-103(38)(b), (c), (d), or (e), is designated as an independent procurement unit: (a) the division is the issuing procurement unit; […]
Effective 3/28/2016 63G-6a-111. Purpose of specifications. (1) All specifications shall seek to promote the overall economy and best use for the purposes intended and encourage competition in satisfying the needs of the procurement unit, and may not be unduly restrictive. (2) The requirements of this part regarding the purposes and nonrestrictiveness of specifications shall apply […]
Effective 5/5/2021 63G-6a-112. Required public notice. (1) A procurement unit that issues a solicitation shall post notice of the solicitation: (a) at least seven days before the day of the deadline for submission of a solicitation response; and (b) (i) on the main website for the procurement unit; or (ii) on a state website that […]
Effective 3/28/2016 63G-6a-113. Price based on established terms. A procurement unit acquiring a procurement item may establish the price of the procurement item based on: (1) a price list, rate schedule, or price catalog: (a) submitted by a vendor and accepted by the procurement unit; or (b) mandated by the procurement unit or a federal […]
Effective 5/12/2020 63G-6a-114. Correcting an immaterial error in a solicitation response. (1) A procurement unit may allow a vendor to correct an immaterial error in a responsive solicitation response as provided in this section. (2) (a) A procurement unit that allows a vendor to correct an immaterial error in a responsive solicitation response shall: (i) […]
Effective 5/12/2020 63G-6a-115. Clarifying information in a solicitation response. (1) A procurement unit may at any time make a written request to a vendor to: (a) clarify information contained in a responsive solicitation response; or (b) provide additional information that the procurement unit determines the procurement unit needs to determine whether the vendor is responsible. […]
Effective 7/1/2021 63G-6a-116. Procurement of administrative law judge service. (1) As used in this section: (a) “Administrative law judge” means the same as that term is defined in Section 63A-17-701. (b) “Administrative law judge service” means service provided by an administrative law judge. (2) A procurement unit shall use a standard procurement process under this […]
Effective 5/10/2016 63G-6a-117. Sale of previously purchased procurement item — Limitations. (1) As used in this section: (a) “Buyback purchaser” means a person who buys a procurement item from the procurement unit to which the person previously sold the procurement item. (b) “Excess repurchase amount” means the difference between: (i) the amount a buyback purchaser […]
Effective 5/12/2020 63G-6a-118. Adoption of rule relating to the procurement of design professional services. Each of the following shall adopt a rule relating to the procurement of design professional services, not inconsistent with the provisions of Part 15, Design Professional Services: (1) an educational procurement unit; (2) a conservation district; (3) a local building authority; […]
Effective 5/12/2020 63G-6a-119. Cancelling a solicitation. (1) A procurement unit may cancel a solicitation if the procurement official determines that cancellation is in the best interests of the procurement unit. (2) If a procurement unit cancels a solicitation: (a) the procurement official shall explain in writing the reasons for the cancellation; and (b) the procurement […]