2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 109.5 - Approval of acquisitions of information technology.

Effective 5/3/2023
63G-6a-109.5.
Approval of acquisitions of information technology.
(1) As used in this section:
(a) "Chief information officer" means the director of the Division of Technology Services, created in Section 63A-16-103.
(b) "Department" means the Department of Government Operations, created in Section 63A-1-104.
(2)
(a) In accordance with Subsection (3), the chief information officer shall approve the acquisition by an executive branch agency of:
(i) information technology equipment;
(ii) telecommunications equipment;
(iii) software;
(iv) services related to the items described in Subsections (2)(a)(i) through (iii); and
(v) data acquisition.
(b) The chief information officer may negotiate the purchase, lease, or rental of private or public information technology or telecommunication services or facilities in accordance with this section.
(c) Where practical, efficient, and economically beneficial, the chief information officer shall use existing private and public information technology or telecommunication resources.
(d) In accordance with Section 63A-16-206, the chief information officer may recommend coordination of acquisitions between two or more executive branch agencies if the coordination is in the best interests of the state.
(e) An acquisition approved under this section shall comply with rules made by the applicable rulemaking authority under Chapter 6a, Utah Procurement Code.
(3) Before a conducting procurement unit negotiates a purchase, lease, or rental under Subsection (2) for an amount that exceeds the value established by the chief information officer by rule made in accordance with Section 63A-16-205, the chief information officer shall:
(a) conduct an analysis of the needs of executive branch agencies and subscribers of services and the ability of the proposed information technology or telecommunications services or supplies to meet those needs; and
(b) for purchases, leases, or rentals not covered by an existing statewide contract, certify in writing to the chief procurement officer in the Division of Purchasing and General Services that:
(i) the analysis required in Subsection (3)(a) was completed; and
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of services, products, or supplies is practical, efficient, and economically beneficial to the state and the executive branch agency or subscriber of services.
(4) The chief information officer shall approve an acquisition described in Subsection (2) or (3) if the acquisition complies with:
(a) the applicable rules and policies described in Section 63A-16-205;
(b) the executive branch strategic plan;
(c) the applicable agency information technology plan;
(d) the budget for the executive branch agency or department as adopted by the Legislature;
(e)Chapter 6a, Utah Procurement Code; and
(f) the information technology accessibility standards described in Section 63A-16-209.
(5) Each executive branch agency shall provide the chief information officer with complete access to all information technology records, documents, and reports:
(a) at the request of the chief information officer; and
(b) related to the executive branch agency's acquisition of an item described in Subsection (2).
(6)
(a) In accordance with administrative rules established by the chief information officer under Section 63A-16-205, an executive branch agency and the department may not initiate a new technology project unless the technology project is described in a formal project plan and a business case analysis is approved by the chief information officer and the highest ranking executive branch agency official.
(b) The project plan and business case analysis required under this Subsection (6) shall include:
(i) a statement of work to be done and existing work to be modified or displaced;
(ii) the total cost of the system development and conversion effort, including system analysis and programming costs, establishment of master files, testing, documentation, special equipment cost, and all other costs, including overhead;
(iii) the savings or added operating costs that will result after conversion;
(iv) a description of the other advantages or reasons that justify the work;
(v) the source of funding of the work, including ongoing costs;
(vi) a description of the project's consistency with budget submissions and planning components of budgets; and
(vii) a statement regarding whether the work is within the scope of projects or initiatives envisioned when the current fiscal year budget was approved.
(c) The chief information officer shall determine the required form of the project plan and business case analysis described in this Subsection (6).
(7) Subject to Subsection (9), the chief information officer and the Division of Purchasing and General Services within the department shall work cooperatively to establish procedures under which the chief information officer shall monitor and approve acquisitions under this section.
(8) In addition to the requirement that the chief information officer approve the acquisitions described in Subsections (2) and (3), the Division of Technology Services shall, subject to Subsection (9), assist and support executive branch agencies in the acquisition of all technology services and products.
(9) In relation to the acquisition of technology services or products:
(a) the requirement of approval by the chief information officer, as described in this section, and the assistance and support of the Division of Technology Services described in Subsection (8), do not make the chief information officer, the department, or the Division of Technology Services responsible to manage the contract or fund the procurement;
(b) contract management is the responsibility of the conducting procurement unit; and
(c) funding of the procurement is the responsibility of the executive branch agency acquiring the technology services or products.
Renumbered and Amended by Chapter 43, 2023 General Session