Title 63G, Title 63G: General Government

63G-6a-101. Title. (1) This chapter is known as the "Utah Procurement Code." (2) This part is known as "General Procurement Provisions."

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 …

63G-6a-103. Definitions. As used in this chapter: (1) "Approved vendor" means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process. (2) "Approved vendor list" means a list of approved vendors established under Section. 6…

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: engage in a sta…

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.

63G-6a-107.2. Application of chapter in general. (1) Except as provided in Section, this chapter applies to every procurement. 63G-6a-107.6 (2) Notwithstanding any other provision of this chapter: a procurement unit may administer a procurement in accordance with the requirements…

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: any or all provisions of this chapter; or any or all rules adopted by the board under this chapter; and (…

63G-6a-107.5. Application of chapter to project entities. This chapter applies to a project entity to the extent described in Section.

63G-6a-107.6. Exemptions from chapter. (1) Except for this Subsection, this chapter does not apply to: (1) a public entity's acquisition of a procurement item from another public entity; a public entity that is not a procurement unit, including the Colorado River Authority of Uta…

63G-6a-107.7. Procurement rules. (1) 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. Facilities division rules governing procu…

63G-6a-107.8. Facilities division report to legislative interim committee. The facilities division 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, on the establishme…

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: the procurement is made under the direction and control of the division; or the procurement is made under Section.…

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 Section, is defined as an independent procurement unit: 63…

63G-6a-109.5. Approval of acquisitions of information technology. (1) As used in this section: "Chief information officer" means the director of the Division of Technology Services, created in Section. 63A-16-103 "Department" means the Department of Government Operations, created…

63G-6a-1101. Title. This part is known as "Bonds."

63G-6a-1102. Bid security requirements -- Directed suretyship prohibited -- Penalty. (1) Bid security in an amount equal to at least 5% of the amount of the bid shall be required for all competitive bidding for construction contracts. Bid security shall be a bond provided by a su…

63G-6a-1103. Bonds or security necessary when contract is awarded -- Waiver -- Action -- Attorney fees -- Exception. (1) Except as provided in Subsection, if a construction contract is awarded under this chapter, the contractor to whom the contract is awarded shall deliver the fo…

63G-6a-1104. Preliminary notice requirement. (1) Any person furnishing labor, service, equipment, or material for which a payment bond claim may be made under this chapter shall provide preliminary notice to the designated agent as prescribed by Section, except that this section …

63G-6a-1105. Form of bonds -- Effect of certified copy. (1) The form of the bonds required by this part shall be established by rule made by the rulemaking authority. (2) Any person may obtain from the procurement unit a certified copy of a bond upon payment of the cost of reprod…

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 thi…

63G-6a-112. Required public notice. (1) A procurement unit that issues a solicitation shall post notice of the solicitation: at least seven days before the day of the deadline for submission of a solicitation response; and on the main website for the procurement unit; or on a sta…

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: submitted by a vendor and accepted by the procurement unit; or mandated by th…

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 procurement unit that allows a vendor to correct an immaterial …

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: clarify information contained in a responsive solicitation response; or provide additional information that the procurement unit determines…

63G-6a-116. Procurement of administrative law judge service. (1) As used in this section: "Administrative law judge" means the same as that term is defined in Section. 63A-17-701 "Administrative law judge service" means service provided by an administrative law judge. (2) A procu…

63G-6a-117. Sale of previously purchased procurement item -- Limitations. (1) As used in this section: "Buyback purchaser" means a person who buys a procurement item from the procurement unit to which the person previously sold the procurement item. "Excess repurchase amount" mea…

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: (1) an educational procurement unit; (2) a cons…

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: the procurement official shall expl…

63G-6a-120. Rejecting a solicitation response. (1) A procurement unit may reject a solicitation response if: the solicitation response: is not responsive; violates a requirement of the solicitation; or is not submitted before the deadline specified in the solicitation; the vendor…

63G-6a-1201. Title. This part is known as "Contracts and Change Orders."

63G-6a-1201.5. Award of contract -- Effect. An award of a procurement contract under this chapter: (1) is not an offer or an acceptance of a bid, proposal, estimate, quote, or an offer; and (2) does not create a contract.

63G-6a-1202. Standard contract clauses encouraged. A procurement unit is encouraged to establish standard contract clauses to assist the procurement unit and to help contractors and potential contractors to understand applicable requirements.

63G-6a-1203. Void and unenforceable provisions of a contract -- Exemptions -- Limitation of liability and damages. (1) As used in this section, "governmental entity" means the same as that term is defined in Section. 63G-7-102 (2) This section does not apply to: a procurement con…

63G-6a-1204. Multiyear contracts. (1) Except as provided in Subsection, a procurement unit may enter into a multiyear contract resulting from an invitation for bids or a request for proposals, if: (7) the procurement official determines, in the discretion of the procurement offic…

63G-6a-1204.5. Multiple award contracts. (1) Through a standard procurement process, the division or an independent procurement unit may enter into multiple award contracts with multiple persons. The applicable rulemaking authority may make rules, consistent with this section, re…

63G-6a-1205. Regulation of contract types -- Permitted and prohibited contract types. (1) Except as otherwise provided in this section, and subject to rules made under this section by the rulemaking authority, a procurement unit may use any type of contract that will promote the …

63G-6a-1206. Rules to determine allowable incurred costs -- Required information. (1) A rulemaking authority may, by rule, establish the cost principles to be included in a cost-reimbursement contract to determine incurred costs for the purpose of calculating a reimbursement. The…

63G-6a-1206.3. Auditing of books of contractor or subcontractor. (1) A procurement officer or an audit entity under contract with the procurement unit may audit the books and records of a contractor or subcontractor. (2) An audit under Subsection: (1) is limited to the books and …

63G-6a-1206.5. Change in contract price. (1) As used in this section, "contract price": means the price under an existing contract between a procurement unit and a contractor; and does not include a proposed price or cost contained in a solicitation response or any other bid, pro…

63G-6a-1207. Certification of change order. (1) Under a construction contract, a change order that increases the contract amount may not be made without prior written certification that the change order is within the determined project or contract budget by: the fiscal officer of…

63G-6a-1208. Installment payments -- Contract prepayments. (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: the use of installment p…

63G-6a-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 pr…

63G-6a-121. Specific procurement restrictions relating to forced labor and restricted foreign entities. (1) As used in this section: "Forced labor" means labor from a child or an adult that is obtained through the use of force or coercion. "Forced labor product" means a product t…

63G-6a-1210. Contract provisions for incentives, damages, and penalties. A procurement unit may include in a contract terms that provide for: (1) incentives, including bonuses; (2) payment of damages, including liquidated damages; or (3) penalties.

63G-6a-1301. Title. This part is known as "General Construction Provisions."

63G-6a-1302. Alternative methods of construction contracting management. (1) A rulemaking authority shall, by rule provide as many alternative methods of construction contracting management as determined to be feasible. (2) The rules described in Subsectionshall: (1) grant to the…