Section 1209 – Leases.

• (1) As used in this section, “lease” means for a procurement unit to lease or lease-purchase a procurement item from a person.

• (2) This section does not apply to the lease of real property.

• (3) A procurement unit may not lease a procurement item unless the procurement unit complies with the requirements of this section.

• (4) A procurement unit may lease a procurement item if:
  • (a) the procurement officer determines that it is in the best interest of the procurement unit to lease the procurement item, after the procurement officer:
    • (i) investigates alternative means of obtaining the procurement item; and
    • (ii) considers the costs and benefits of the alternative means of obtaining the procurement item;
  • (b) all conditions for renewal and cost are included in the lease;
  • (c) the lease is awarded through a standard procurement process, or an exception to a standard procurement process described in Part 8, Exceptions to Procurement Requirements;
  • (d) for a standard procurement process, the invitation for bids, request for proposals, or request for quotes states:
    • (i) that the procurement unit is seeking, or willing to consider, a lease; and
    • (ii) for a lease purchase, that the procurement unit is seeking, or willing to consider, a lease-purchase;
  • (e) the lease is not used to avoid competition; and
  • (f) the lease complies with all other provisions of law or rule applicable to the lease.

Amended by Chapter 354, 2020 General Session