2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 106 - Independent procurement units.

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 this chapter, to the requirement to use a standard procurement process; or
(c) otherwise engage in an act authorized or required by this chapter.
(2) Notwithstanding Subsection (1), an independent procurement unit may agree in writing with the division to extend the authority of the division or the chief procurement officer to the procurement unit, as provided in the agreement.
(3) With respect to a procurement or contract over which an independent procurement unit's procurement official has authority, the procurement official may:
(a) manage and supervise the procurement to ensure to the extent practicable that taxpayers receive the best value;
(b) prepare and issue standard specifications for procurement items;
(c) review contracts, coordinate contract compliance, conduct contract audits, and approve change orders;
(d) delegate duties and authority to an employee of the procurement unit, as the independent procurement unit's procurement official considers appropriate;
(e) for the procurement official of an executive branch procurement unit that is an independent procurement unit, coordinate with the Division of Technology Services, created in Section 63A-16-103, with respect to the procurement unit's procurement of information technology services;
(f) correct, amend, or cancel a procurement at any stage of the procurement process if the procurement is out of compliance with this chapter or a rule adopted by the rulemaking authority;
(g) attempt to resolve a contract dispute in coordination with the legal counsel of the independent procurement unit; and
(h) at any time during the term of a contract awarded by the independent procurement unit, correct or amend a contract to bring it into compliance or cancel the contract:
(i) if the procurement official determines that correcting, amending, or canceling the contract is in the best interest of the procurement unit; and
(ii) after consulting with, as applicable, the attorney general's office or the procurement unit's legal counsel.
(4) The attorney general may, in accordance with the provisions of this chapter, but without involvement by the division or the chief procurement officer:
(a) retain outside counsel, subject to Section 67-5-33 if the attorney general retains outside counsel under a contingent fee contract, as defined in that section; or
(b) procure litigation support services, including retaining an expert witness.
(5) An independent procurement unit that is not represented by the attorney general's office may, in accordance with the provisions of this chapter, but without involvement by the division or the chief procurement officer:
(a) retain outside counsel; or
(b) procure litigation support services, including retaining an expert witness.
(6) The state auditor's office may, in accordance with the provisions of this chapter, but without involvement by the division or the chief procurement officer, procure audit services.
(7) The state treasurer may, in accordance with the provisions of this chapter, but without involvement by the division or the chief procurement officer, procure:
(a) deposit services; and
(b) services related to issuing bonds.
Amended by Chapter 344, 2021 General Session