Title 63G, General Government

63G-6a-203. Powers and duties of board. (1) In addition to making rules in accordance with Section 63G-6a-107.7 and the other provisions of this chapter, the board shall consider and decide matters of policy within the provisions of this chapter, including those referred to it by…

63G-6a-204. Applicability of rules of Utah State Procurement Policy Board and Division of Facilities Construction and Management -- Report to interim committee. (1) Except as provided in Subsection (2), rules made by the board under this chapter shall govern all procurement units…

63G-6a-205. Procurement advisory councils. The chief procurement officer may appoint advisory councils to provide advice regarding any matters within the authority of the chief procurement officer.

63G-6a-2101. Title. This part is known as "Interaction Between Procurement Units."

63G-6a-2102. Agreements between public entities. A public entity may enter into an agreement with one or more other public entities to: (1) sponsor, conduct, or administer a cooperative agreement for: (a) the procurement of a procurement item, in accordance with the requirements …

63G-6a-2103. Purchases between public entities. (1)(a)(i) A public entity may purchase a procurement item from another public entity. (ii) Subsection (1)(a)(i) may not be construed to require a public entity to sell a procurement item to another public entity. (b) As provided in …

63G-6a-2104. Compliance by one procurement unit pursuant to agreement considered compliance by others to agreement. (1) When a procurement unit that administers a cooperative procurement complies with the requirements of this chapter, any procurement unit participating in the pur…

63G-6a-2105. Cooperative procurements -- Contracts with federal government -- Regional solicitations. (1) The chief procurement officer may, in accordance with the requirements of this chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a …

63G-6a-2401. Title. This part is known as "Unlawful Conduct and Penalties."

63G-6a-2402. Definitions. As used in this part: (1) "Contract administration professional": (a) means an individual who: (i) is: (A) directly under contract with a procurement unit; or (B) employed by a person under contract with a procurement unit; and (ii) has responsibility in…

63G-6a-2403. Applicability. (1) This part applies to each public entity. (2) A procurement professional is subject to this part at all times during: (a) the procurement process; and (b) the administration of a contract or grant. (3) A contract administration professional is subje…

63G-6a-2404. Unlawful conduct -- Exceptions -- Classification of offenses. (1)(a) It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to: (i) the public e…

63G-6a-2404.3. Dividing a procurement to avoid using a standard procurement process. (1) It is unlawful for a person knowingly to divide a single procurement into multiple smaller procurements if dividing the single procurement: (a) is done with the intent to avoid the use of a s…

63G-6a-2404.7. Improper action against a public officer or employee involved in the procurement process. (1)(a) It is unlawful for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimi…

63G-6a-2405. Discretion to declare contract or grant void -- Limitations. (1) Subject to Subsection (2), the governing body or chief executive officer of a public entity that awards a contract or grant to a person who engages in conduct made unlawful under this part may, in the s…

63G-6a-2406. Authority of conducting procurement unit with respect to evaluation committee. Nothing in this part restricts a conducting procurement unit from: (1) requiring an evaluation committee member to disclose a conflict of interest; or (2) removing an evaluation committee …

63G-6a-2407. Duty to report unlawful conduct. (1) As used in this section, "unlawful conduct" means: (a) conduct made unlawful under this part; or (b) conduct, including bid rigging, improperly steering a contract to a favored vendor, exercising undue influence on an individual i…

63G-6a-2501. Definitions. As used in this part: (1) "Department" means the Department of Health and Human Services. (2) "Executive director" means the executive director of the department.

63G-6a-2502. Procurement advisory council -- Appointment. The executive director may appoint an advisory council to advise and make recommendations to the department on the procurement of a human services procurement item, including recommendations regarding persons to be debarre…

63G-6a-2503. Direct purchase procurement process requirements -- Payment information on website. (1) The department may, without issuing a solicitation, directly purchase from, or contract with, another person for the following human services procurement items: (a) medical, denta…

63G-6a-2504. Process for an invitation to provide a human services procurement item -- Open-ended invitations. (1) As used in this section: (a) "Invitation" means a solicitation or other request seeking qualified providers to enter a contract to provide a human services procureme…

63G-6a-2505. Debarment or suspension from consideration for award of contracts. (1) The executive director may: (a) debar or suspend a person from consideration for an award of a contract for a human services procurement item for any amount of time in accordance with the process …

63G-6a-2506. Public notice requirements. (1) The department may post notice of a solicitation in accordance with Subsection 63G-6a-112(1) at least three days before the day of the deadline for submission of a solicitation response. (2) The department may reduce the three-day peri…

63G-6a-2507. Human services procurement appeals process. (1) A protester may appeal a protest decision to the department in the same manner a protest may be appealed to the board under Part 17, Procurement Appeals Board. (2) In conducting an appeal under Subsection (1), the execu…

63G-6a-301. Title. This part is known as "Chief Procurement Officer."

63G-6a-302. Chief procurement officer -- Qualifications -- Authority. (1) The chief procurement officer shall: (a) have a minimum of eight years' experience: (i)(A) in the large-scale procurement of supplies, services, or construction; or (B) negotiating contract terms and condit…

63G-6a-303. Role, duties, and authority of chief procurement officer. (1) The chief procurement officer: (a) is the director of the division; (b) serves as the central procurement officer of the state; (c) serves as a voting member of the board; and (d) serves as the protest offi…

63G-6a-304. Delegation of authority. In accordance with rules made by the board, the chief procurement officer may delegate authority to designees or to any department, agency, or official.

63G-6a-305. Duty of chief procurement officer in maintaining specifications. (1) The chief procurement officer may prepare, issue, revise, maintain, and monitor the use of specifications for each procurement over which the chief procurement officer has authority. (2) The chief pr…

63G-6a-401. Title. This part is known as "Supplemental Procurement Procedures."

63G-6a-409. Request for information. (1) A procurement unit may issue a request for information to obtain information, comments, or suggestions before issuing a solicitation. (2)(a) A request for information is not a procurement process and may not be used to: (i) negotiate fees;…

63G-6a-410. Request for statement of qualifications -- Process. (1)(a) A procurement unit may use the process described in this section: (i) as one of the stages of a multiple-stage standard procurement process; and (ii) to identify qualified vendors to participate in other stage…

63G-6a-501. Title. This part is known as "Other Standard Procurement Processes."

63G-6a-506. Small purchases. (1) As used in this section: (a) "Annual cumulative threshold" means the maximum total annual amount, established by the rulemaking authority under Subsection (2), that a procurement unit may expend to obtain procurement items from the same source und…

63G-6a-507. Approved vendor list procurement process. (1) As used in this section: (a) "Closed-ended approved vendor list" means an approved vendor list that is subject to: (i) a short period of time, specified by the procurement unit, during which vendors may be added to the lis…

63G-6a-602. Contracts awarded by bidding. A procurement unit may award a contract for a procurement item by the bidding process, in accordance with: (1) the rules of the rulemaking authority; and (2) if applicable, the requirements under Section 63G-6a-121, Specific procurement r…

63G-6a-603. Invitation for bids -- Requirements -- Publication. (1) A procurement unit that intends to award a contract for a procurement item using the bidding process shall issue an invitation for bids. (2) A procurement unit shall include in an invitation for bids: (a) a descr…

63G-6a-604. Processing of bids -- Changes to bids not allowed. (1) A procurement unit: (a) shall accept bids as provided in the invitation for bids; and (b) may not open a bid until after the deadline for submitting bids. (2) A person who submits a bid may not, after the deadline…

63G-6a-606. Evaluation of bids -- Award -- Cancellation. (1) A procurement unit that conducts a procurement using a bidding process shall evaluate bids: (a) using the objective criteria described in the invitation for bids; and (b) to achieve the greatest long-term value to the s…

63G-6a-608. Tie bids. A procurement unit shall resolve a tie bid in a fair manner, as determined in writing by the procurement official.

63G-6a-701. Title. This part is known as "Request for Proposals."

63G-6a-702. Contracts awarded by request for proposals. (1) A procurement unit may award a contract for a procurement item by the request for proposals process, in accordance with: (a) rulemaking authority rules; and (b) if applicable, the requirements under Section 63G-6a-121, S…

63G-6a-703. Request for proposals -- Requirements -- Publication of request. (1) A procurement unit that intends to award a contract for a procurement item using the request for proposals process shall issue a request for proposals. (2) A procurement unit shall include in a reque…

63G-6a-704. Processing of proposals -- Changes to proposals not allowed. (1) A procurement unit: (a) shall accept proposals as provided in the request for proposals; (b) may not open a proposal until after the deadline for submitting proposals; and (c) may not disclose the conten…

63G-6a-704.4. Limited addenda to requests for proposals. After the deadline for submitting proposals, a procurement unit may, at the discretion of the procurement official, issue a request for proposals addendum that has limited application only to offerors that have submitted pr…

63G-6a-704.6. Discussions with a person who submits a proposal. (1) A procurement unit may have discussions with an offeror to obtain a more complete understanding of whether the offeror is responsible or the offeror's proposal is responsive. (2) A procurement unit may reject a p…