reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 5 - Orders and Enforcement › Section 501 - Civil enforcement.

63G-4-501.
Civil enforcement.
(1)
(a) In addition to other remedies provided by law, an agency may seek enforcement of an order by seeking civil enforcement in the district courts.
(b) The action seeking civil enforcement of an agency's order must name, as defendants, each alleged violator against whom the agency seeks to obtain civil enforcement.
(c) Venue for an action seeking civil enforcement of an agency's order shall be determined by the requirements of the Utah Rules of Civil Procedure.
(d) The action may request, and the court may grant, any of the following:
(i) declaratory relief;
(ii) temporary or permanent injunctive relief;
(iii) any other civil remedy provided by law; or
(iv) any combination of the foregoing.
(2)
(a) Any person whose interests are directly impaired or threatened by the failure of an agency to enforce an agency's order may timely file a complaint seeking civil enforcement of that order, but the action may not be commenced:
(i) until at least 30 days after the plaintiff has given notice of the plaintiff's intent to seek civil enforcement of the alleged violation to the agency head, the attorney general, and to each alleged violator against whom the petitioner seeks civil enforcement;
(ii) if the agency has filed and is diligently prosecuting a complaint seeking civil enforcement of the same order against the same or a similarly situated defendant; or
(iii) if a petition for judicial review of the same order has been filed and is pending in court.
(b) The complaint seeking civil enforcement of an agency's order must name, as defendants, the agency whose order is sought to be enforced, the agency that is vested with the power to enforce the order, and each alleged violator against whom the plaintiff seeks civil enforcement.
(c) Except to the extent expressly authorized by statute, a complaint seeking civil enforcement of an agency's order may not request, and the court may not grant, any monetary payment apart from taxable costs.
(3) In a proceeding for civil enforcement of an agency's order, in addition to any other defenses allowed by law, a defendant may defend on the ground that:
(a) the order sought to be enforced was issued by an agency without jurisdiction to issue the order;
(b) the order does not apply to the defendant;
(c) the defendant has not violated the order; or
(d) the defendant violated the order but has subsequently complied.
(4) Decisions on complaints seeking civil enforcement of an agency's order are reviewable in the same manner as other civil cases.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 5 - Orders and Enforcement › Section 502 - Emergency adjudicative proceedings.

63G-4-502.
Emergency adjudicative proceedings.
(1) An agency may issue an order on an emergency basis without complying with the requirements of this chapter if:
(a) the facts known by the agency or presented to the agency show that an immediate and significant danger to the public health, safety, or welfare exists; and
(b) the threat requires immediate action by the agency.
(2) In issuing its emergency order, the agency shall:
(a) limit its order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare;
(b) issue promptly a written order, effective immediately, that includes a brief statement of findings of fact, conclusions of law, and reasons for the agency's utilization of emergency adjudicative proceedings; and
(c) give immediate notice to the persons who are required to comply with the order.
(3) If the emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the agency shall commence a formal adjudicative proceeding in accordance with the other provisions of this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 5 - Orders and Enforcement › Section 503 - Declaratory orders.

63G-4-503.
Declaratory orders.
(1) Any person may file a request for agency action, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances.
(2) Each agency shall issue rules that:
(a) provide for the form, contents, and filing of petitions for declaratory orders;
(b) provide for the disposition of the petitions;
(c) define the classes of circumstances in which the agency will not issue a declaratory order;
(d) are consistent with the public interest and with the general policy of this chapter; and
(e) facilitate and encourage agency issuance of reliable advice.
(3)
(a) An agency may not issue a declaratory order if:
(i) the request is one of a class of circumstances that the agency has by rule defined as being exempt from declaratory orders; or
(ii) the person requesting the declaratory order participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request.
(b) An agency may issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory proceeding.
(4) Persons may intervene in declaratory proceedings if:
(a) they meet the requirements of Section 63G-4-207; and
(b) they file timely petitions for intervention according to agency rules.
(5) An agency may provide, by rule or order, that other provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings.
(6)
(a) After receipt of a petition for a declaratory order, the agency may issue a written order:
(i) declaring the applicability of the statute, rule, or order in question to the specified circumstances;
(ii) setting the matter for adjudicative proceedings;
(iii) agreeing to issue a declaratory order within a specified time; or
(iv) declining to issue a declaratory order and stating the reasons for its action.
(b) A declaratory order shall contain:
(i) the names of all parties to the proceeding on which it is based;
(ii) the particular facts on which it is based; and
(iii) the reasons for its conclusion.
(c) A copy of all orders issued in response to a request for a declaratory proceeding shall be mailed promptly to the petitioner and any other parties.
(d) A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding.
(7) Unless the petitioner and the agency agree in writing to an extension, if an agency has not issued a declaratory order within 60 days after receipt of the petition for a declaratory order, the petition is denied.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 6 - Electronic Records › Section 601 - Electronic records and conversion of written records by governmental agencies.

63G-4-601.
Electronic records and conversion of written records by governmental agencies.
A governmental agency may make rules regarding electronic records and conversion of written records as prescribed by Title 46, Chapter 4, Part 5, Electronic Records in Government Agencies.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 5 - Governmental Dispute Resolution Act › Part 1 - General Provisions › Section 102 - Definitions.

63G-5-102.
Definitions.
As used in this chapter:
(1) "Agency" is defined in Section 63G-4-103.
(2) "Alternative dispute resolution" or "ADR" means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues.
(3) "ADR organization" is defined in Section 78B-6-202.
(4)
(a) "ADR provider" means a neutral person who:
(i) meets the qualifications established by Judicial Council rules authorized under Section 78B-6-205; and
(ii) conducts an ADR procedure.
(b) "ADR provider" includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor.
(5) "Arbitration" means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented.
(6) "Mediation" is defined in Section 78B-6-202.
(7) "Neutral" means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts.
Amended by Chapter 3, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 5 - Governmental Dispute Resolution Act › Part 3 - Application › Section 301 - Effect on other laws.

63G-5-301.
Effect on other laws.
Nothing in this chapter or in the agreements and procedures developed in Section 63G-5-201 shall:
(1) limit other dispute resolution procedures available to an agency; and
(2) deny a person a right granted under federal or other state law, including a right to an administrative or judicial hearing.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 101 - Title.

63G-6a-101.
Title.
(1) This chapter is known as the "Utah Procurement Code."
(2) This part is known as "General Procurement Provisions."
Renumbered and Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 102 - Purpose of chapter.

Effective 5/9/2017
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 increased economy in state procurement activities; and
(4) to foster effective broad-based competition within the free enterprise system.
Amended by Chapter 348, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 106.5 - Policy for legislative procurement units.

Effective 3/28/2016
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.
Enacted by Chapter 355, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 107.2 - Application of chapter in general.

Effective 5/12/2020
63G-6a-107.2.
Application of chapter in general.
(1) Except as provided in Section 63G-6a-107.6, this chapter applies to every procurement.
(2) Notwithstanding any other provision of this chapter:
(a) a procurement unit may administer a procurement in accordance with the requirements imposed by the source of the funds used to procure the procurement item; and
(b) if a procurement involves the expenditure of federal or state assistance, federal contract funds, local matching funds, or federal financial participation funds, the procurement unit shall comply with mandatory applicable federal or state law and regulations not reflected in this chapter.
(3) A procurement unit that is subject to this chapter may not obtain a procurement item unless:
(a) the procurement unit complies with:
(i) all applicable requirements of this chapter; and
(ii) the applicable rules that the rulemaking authority makes pursuant to this chapter; and
(b) if the procurement unit is not the division or an independent procurement unit, the procurement unit obtains the procurement item under the direction and approval of the division, unless otherwise provided by a rule made by the board.
Enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 107.4 - Application of chapter to counties and municipalities and the Utah Housing Corporation.

Effective 5/12/2020
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:
(a) any or all provisions of this chapter; or
(b) any or all rules adopted by the board under this chapter; and
(2) is subject to and shall comply with the provisions of this chapter and the rules that are adopted by the county or municipality or the Utah Housing Corporation, respectively.
Enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 107.5 - Application of chapter to project entities.

Effective 5/4/2022
63G-6a-107.5.
Application of chapter to project entities.
This chapter applies to a project entity to the extent described in Section 11-13-316.
Enacted by Chapter 422, 2022 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 107.6 - Exemptions from chapter.

Effective 3/16/2021
63G-6a-107.6.
Exemptions from chapter.
(1) Except for this Subsection (1), the provisions of this chapter do not apply to:
(a) a public entity's acquisition of a procurement item from another public entity; or
(b) a public entity that is not a procurement unit, including the Colorado River Authority of Utah as provided in Section 63M-14-210.
(2) Unless otherwise provided by statute and except for this Subsection (2), the provisions of this chapter do not apply to the acquisition or disposal of real property or an interest in real property.
(3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the provisions of this chapter do not apply to:
(a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art Act;
(b) a grant;
(c) medical supplies or medical equipment, including service agreements for medical equipment, obtained by the University of Utah Hospital through a purchasing consortium if:
(i) the consortium uses a competitive procurement process; and
(ii) the chief administrative officer of the hospital makes a written finding that the prices for purchasing medical supplies and medical equipment through the consortium are competitive with market prices;
(d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire, and State Lands, created in Section 65A-1-4, through the federal General Services Administration or the National Fire Cache system;
(e) supplies purchased for resale to the public; or
(f) activities related to the management of investments by a public entity granted investment authority by law.
(4) This chapter does not supersede the requirements for retention or withholding of construction proceeds and release of construction proceeds as provided in Section 13-8-5.
(5) Except for this Subsection (5), the provisions of this chapter do not apply to a procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in the procurement unit's dispute resolution efforts.
Amended by Chapter 179, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 107.7 - Procurement rules.

Effective 5/3/2023
63G-6a-107.7.
Procurement rules.
(1)
(a) 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.
(b) Facilities division rules governing procurement of construction projects, design professional services, and leases apply to the procurement of construction projects, design professional services, and leases of real property, respectively, by the facilities division.
(2) A rulemaking authority may not adopt rules, policies, or regulations that are inconsistent with this chapter.
(3) An individual or body that makes rules as required or authorized in this chapter shall make the rules:
(a) in accordance with Chapter 3, Utah Administrative Rulemaking Act, if the individual or body is subject to Chapter 3, Utah Administrative Rulemaking Act; or
(b) in accordance with the established process for making rules or their equivalent, if the individual or body is not subject to Chapter 3, Utah Administrative Rulemaking Act.
(4) The rules of the rulemaking authority for the executive branch procurement unit shall require, for each contract and request for proposals, the inclusion of a clause that requires the issuing procurement unit, for the duration of the contract, to make available contact information of the winning contractor to the Department of Workforce Services in accordance with Section 35A-2-203. This requirement does not preclude a contractor from advertising job openings in other forums throughout the state.
(5) The Department of Transportation may make rules governing the procurement of a highway construction project or highway improvement project.
(6) The rulemaking authority for a public transit district may make rules governing the procurement of a transit construction project or a transit improvement project.
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 107.8 - Facilities division report to legislative interim committee.

Effective 5/3/2023
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 36-12-6, on the establishment, implementation, and enforcement of the rules made by the facilities division under this chapter.
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 108 - Limitations on and responsibility of executive branch procurement units.

Effective 3/29/2014
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:
(a) the procurement is made under the direction and control of the division; or
(b) the procurement is made under Section 63G-6a-106.
(2) An executive branch procurement unit that conducts any part of a procurement under this chapter is responsible to conduct that part of the procurement in compliance with this chapter.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 109 - Issuing procurement unit and conducting procurement unit.

Effective 5/4/2022
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 Subsection 63G-6a-103(38)(b), (c), (d), or (e), is designated as an independent procurement unit:
(a) the division is the issuing procurement unit; and
(b) the executive branch procurement unit is the conducting procurement unit and is responsible to ensure that the procurement is conducted in compliance with this chapter.
(2) With respect to a procurement by any other procurement unit, the procurement unit is both the issuing procurement unit and the conducting procurement unit.
(3) A conducting procurement unit is responsible for contract administration.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 111 - Purpose of specifications.

Effective 3/28/2016
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 this part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including those prepared by architects, engineers, designers, and draftsmen for public contracts.
Renumbered and Amended by Chapter 355, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 112 - Required public notice.

Effective 5/5/2021
63G-6a-112.
Required public notice.
(1) A procurement unit that issues a solicitation shall post notice of the solicitation:
(a) at least seven days before the day of the deadline for submission of a solicitation response; and
(b)
(i) on the main website for the procurement unit; or
(ii) on a state website that is owned, managed by, or provided under contract with, the division for posting a public procurement notice.
(2) A procurement unit may reduce the seven-day period described in Subsection (1), if the procurement unit's procurement official signs a written statement that:
(a) states that a shorter time is needed; and
(b) determines that competition from multiple sources may be obtained within the shorter period of time.
(3)
(a) It is the responsibility of a person seeking information provided by a notice published under this section to seek out, find, and respond to the notice.
(b) As a courtesy and in order to promote competition, a procurement unit may provide, but is not required to provide, individual notice.
Amended by Chapter 355, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 113 - Price based on established terms.

Effective 3/28/2016
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:
(a) submitted by a vendor and accepted by the procurement unit; or
(b) mandated by the procurement unit or a federal agency; or
(2) a federal regulation for a health and human services program.
Enacted by Chapter 355, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 114 - Correcting an immaterial error in a solicitation response.

Effective 5/12/2020
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) A procurement unit that allows a vendor to correct an immaterial error in a responsive solicitation response shall:
(i) require the vendor to submit the correction in writing; and
(ii) establish a deadline by which the vendor is required to correct the immaterial error.
(b) A procurement unit may not allow a vendor to correct an immaterial error in a responsive solicitation response after the deadline established under Subsection (2)(a).
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 115 - Clarifying information in a solicitation response.

Effective 5/12/2020
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:
(a) clarify information contained in a responsive solicitation response; or
(b) provide additional information that the procurement unit determines the procurement unit needs to determine whether the vendor is responsible.
(2)
(a) A procurement unit that requests a vendor to clarify or provide additional information under this section shall establish a deadline by which the vendor is required to submit the clarifying or additional information.
(b) A procurement unit may not allow a vendor to submit clarifying or additional information after the deadline established under Subsection (2)(a).
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 116 - Procurement of administrative law judge service.

Effective 7/1/2021
63G-6a-116.
Procurement of administrative law judge service.
(1) As used in this section:
(a) "Administrative law judge" means the same as that term is defined in Section 63A-17-701.
(b) "Administrative law judge service" means service provided by an administrative law judge.
(2) A procurement unit shall use a standard procurement process under this chapter for the procurement of administrative law judge service.
(3) For a procurement of administrative law judge service, an evaluation committee shall consist of:
(a) the head of the conducting procurement unit, or the head's designee;
(b) the head of an executive branch procurement unit other than the conducting procurement unit, appointed by the director of the Division of Human Resource Management, or the head's designee; and
(c) the director of the Division of Human Resource Management, or the director's designee.
(4) Within 30 days after the day on which a conducting procurement unit awards a contract for administrative law judge service, the conducting procurement unit shall give written notice to the Division of Human Resource Management that states:
(a) that the conducting procurement unit awarded a contract for administrative law judge service;
(b) the name of the conducting procurement unit; and
(c) the expected term of the contract.
(5) A procurement of administrative law judge service using a small purchase process is subject to rules made pursuant to Subsection 63G-6a-506(2)(c).
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 117 - Sale of previously purchased procurement item -- Limitations.

Effective 5/10/2016
63G-6a-117.
Sale of previously purchased procurement item -- Limitations.
(1) As used in this section:
(a) "Buyback purchaser" means a person who buys a procurement item from the procurement unit to which the person previously sold the procurement item.
(b) "Excess repurchase amount" means the difference between:
(i) the amount a buyback purchaser pays to a procurement unit to purchase a procurement item that the buyback purchaser previously sold to the procurement unit; and
(ii) the amount the procurement unit paid to the buyback purchaser to purchase the procurement item.
(2) A procurement unit that sells a procurement item to a buyback purchaser for an amount that exceeds the amount the procurement unit paid for the procurement item:
(a) shall require the buyback purchaser to pay cash for the procurement item;
(b) may not accept the excess repurchase amount in the form of a credit, discount, or other incentive on a future purchase that the procurement unit makes from the buyback purchaser; and
(c) may not use the excess repurchase amount to acquire an additional procurement item from the person who paid the excess repurchase amount.
Enacted by Chapter 180, 2016 General Session
Technically renumbered to avoid duplication of section number also used as new number in SB184, Chapter 355.
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 118 - Adoption of rule relating to the procurement of design professional services.

Effective 2/27/2023
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 Part 15, Design Professional Services:
(1) an educational procurement unit;
(2) a conservation district;
(3) a local building authority;
(4) a special district;
(5) a special service district; and
(6) a public corporation.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 119 - Cancelling a solicitation.

Effective 5/12/2020
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:
(a) the procurement official shall explain in writing the reasons for the cancellation; and
(b) the procurement unit shall make the written explanation described in Subsection (2)(a) available to the public for a period of one year after the cancellation.
Enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 1 - General Procurement Provisions › Section 120 - Rejecting a solicitation response.

Effective 5/12/2020
63G-6a-120.
Rejecting a solicitation response.
(1) A procurement unit may reject a solicitation response if:
(a) the solicitation response:
(i) is not responsive;
(ii) violates a requirement of the solicitation; or
(iii) is not submitted before the deadline specified in the solicitation;
(b) the vendor who submitted the solicitation response:
(i) is not responsible;
(ii) is in violation of a provision of this chapter;
(iii) has had a previous contract with the procurement unit canceled;
(iv) has engaged in unethical conduct;
(v) is subject to an outstanding tax lien; or
(vi) fails to sign a contract awarded as a result of the solicitation response within:
(A) 90 days after the contract award, if the solicitation does not specify a deadline for the signing of the contract; or
(B) the time specified in the solicitation, if the solicitation specifies a deadline for the signing of the contract; or
(c) after the vendor submits a solicitation response there is a change in the vendor's circumstances that, if known at the time the solicitation response was submitted, would have caused the procurement unit to reject the solicitation response.
(2) A procurement unit that rejects a solicitation response under Subsection (1) shall provide the vendor who submitted the rejected solicitation response a written statement of the reasons for the rejection.
Enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 2 - Utah State Procurement Policy Board › Section 202 - Creation of Utah State Procurement Policy Board.

Effective 2/27/2023
63G-6a-202.
Creation of Utah State Procurement Policy Board.
(1) There is created the Utah State Procurement Policy Board.
(2) The board consists of up to 15 members as follows:
(a) two representatives of state institutions of higher education, appointed by the Utah Board of Higher Education;
(b) a representative of the Department of Human Services, appointed by the executive director of that department;
(c) a representative of the Department of Transportation, appointed by the executive director of that department;
(d) two representatives of school districts, appointed by the State Board of Education;
(e) a representative of the Division of Facilities Construction and Management, appointed by the director of that division;
(f) one representative of a county, appointed by the Utah Association of Counties;
(g) one representative of a city or town, appointed by the Utah League of Cities and Towns;
(h) two representatives of special districts or special service districts, appointed by the Utah Association of Special Districts;
(i) the director of the Division of Technology Services or the executive director's designee;
(j) the chief procurement officer or the chief procurement officer's designee; and
(k) two representatives of state agencies, other than a state agency already represented on the board, appointed by the executive director of the Department of Government Operations, with the approval of the executive director of the state agency that employs the employee.
(3) Members of the board shall be knowledgeable and experienced in, and have supervisory responsibility for, procurement in their official positions.
(4) A board member may serve as long as the member meets the description in Subsection (2) unless removed by the person or entity with the authority to appoint the board member.
(5)
(a) The board shall:
(i) adopt rules of procedure for conducting its business; and
(ii) elect a chair to serve for one year.
(b) The chair of the board shall be selected by a majority of the members of the board and may be elected to succeeding terms.
(c) The chief procurement officer shall designate an employee of the division to serve as the nonvoting secretary to the policy board.
(6) A member of the board may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 2 - Utah State Procurement Policy Board › Section 203 - Powers and duties of board.

Effective 5/12/2020
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 the chief procurement officer.
(2)
(a) The board may:
(i) audit and monitor the implementation of its rules and the requirements of this chapter;
(ii) upon the request of a procurement unit with a rulemaking authority other than the board, review the procurement unit's proposed rules to ensure that they are not inconsistent with the provisions of this chapter or rules made by the board; and
(iii) approve the use of innovative procurement processes.
(b) Except as provided in Section 63G-6a-1702, the board may not exercise authority over:
(i) the award or administration of any particular contract; or
(ii) any dispute, claim, or litigation pertaining to any particular contract.
(3) Except as otherwise expressly provided in this chapter, the board does not have authority over a matter involving an independent procurement unit.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 2 - Utah State Procurement Policy Board › Section 204 - Applicability of rules of Utah State Procurement Policy Board and Division of Facilities Construction and Management -- Report to interim committee.

Effective 5/4/2022
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 for which the board is the rulemaking authority.
(2) The facilities division rules governing procurement of construction, design professional services, and leases apply to the procurement of construction, design professional services, and leases of real property by the facilities division.
(3) A rulemaking authority may make its own rules, consistent with this chapter, governing procurement by a person over which the rulemaking authority has rulemaking authority.
(4) The board 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 36-12-6, on the establishment, implementation, and enforcement of the rules made under Section 63G-6a-203.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 2 - Utah State Procurement Policy Board › Section 205 - Procurement advisory councils.

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.
Renumbered and Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 3 - Chief Procurement Officer › Section 302 - Chief procurement officer -- Qualifications -- Authority.

Effective 7/1/2021
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 conditions; and
(ii) at least five years of which shall have been in public or comparable private procurement within 12 years preceding the date of appointment; and
(b) be a person with demonstrated executive and organizational ability.
(2) The chief procurement officer is also the director of the Division of Purchasing and General Services.
(3) The chief procurement officer has authority over a procurement by a procurement unit, except:
(a) an independent procurement unit; or
(b) as otherwise expressly provided in this chapter.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 3 - Chief Procurement Officer › Section 304 - Delegation of authority.

Effective 5/8/2018
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.
Amended by Chapter 81, 2018 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 3 - Chief Procurement Officer › Section 305 - Duty of chief procurement officer in maintaining specifications.

Effective 5/8/2018
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 procurement officer shall obtain expert advice and assistance from personnel of procurement units in the development of specifications and may delegate in writing to a procurement unit the authority to prepare and utilize its own specifications.
Amended by Chapter 81, 2018 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 4 - Supplemental Procurement Procedures › Section 409 - Request for information.

Effective 5/12/2020
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;
(ii) make a purchase;
(iii) determine whether a procurement may be made under Part 8, Exceptions to Procurement Requirements; or
(iv) enter into a contract.
(b) To make a purchase or enter into a contract, a procurement unit is required to:
(i) use a standard procurement process; or
(ii) comply with an exception to the requirement to use a standard procurement process, as described in Part 8, Exceptions to Procurement Requirements.
(3) A response to a request for information is not an offer and may not be accepted to form a binding contract.
(4) A procurement unit that receives pricing information in response to a request for information shall ensure that an individual who serves on an evaluation committee to evaluate proposals that include a proposal as to which the pricing information applies does not have access to the pricing information, except as provided in Subsection 63G-6a-707(7).
(5) A record containing information submitted to or by a governmental entity in response to a request for information is a protected record under Section 63G-2-305.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 6 - Bidding › Section 602 - Contracts awarded by bidding.

Effective 5/12/2020
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 the rules of the rulemaking authority.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 6 - Bidding › Section 603 - Invitation for bids -- Requirements -- Publication.

Effective 5/12/2020
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 description of the procurement item that the procurement unit seeks;
(b) instructions for submitting a bid, including the deadline for submitting a bid;
(c) the objective criteria that the procurement unit will use to evaluate bids;
(d) information about the time and manner of opening bids; and
(e) terms and conditions that the procurement unit intends to include in a contract resulting from the bidding process.
(3) A procurement unit shall publish an invitation for bids in accordance with the requirements of Section 63G-6a-112.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 6 - Bidding › Section 604 - Processing of bids -- Changes to bids not allowed.

Effective 5/12/2020
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 for submitting bids, make a change to the bid if the change is prejudicial to:
(a) the interest of the procurement unit; or
(b) fair competition.
Repealed and Re-enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 6 - Bidding › Section 606 - Evaluation of bids -- Award -- Cancellation.

Effective 5/5/2021
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 state and the procurement unit.
(2) Criteria not described in the invitation for bids may not be used to evaluate a bid.
(3) After evaluating bids, the procurement unit shall:
(a)
(i) award a contract as soon as practicable to the responsible bidder who submits the lowest responsive bid; and
(ii) publish the name and bid amount of the bidder to whom the contract is awarded; or
(b)
(i) cancel the invitation for bids without awarding a contract; and
(ii) publish a notice of the cancellation that includes an explanation of the reasons for cancelling the invitation for bids.
Amended by Chapter 406, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 6 - Bidding › Section 608 - Tie bids.

Effective 5/12/2020
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.
Repealed and Re-enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 7 - Request for Proposals › Section 702 - Contracts awarded by request for proposals.

Effective 5/12/2020
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 rulemaking authority rules.
(2) The procurement of architect-engineer services is governed by Part 15, Design Professional Services.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 7 - Request for Proposals › Section 703 - Request for proposals -- Requirements -- Publication of request.

Effective 5/12/2020
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 request for proposals:
(a) a description of the procurement item that the procurement unit seeks;
(b) instructions for submitting a proposal, including the deadline for submitting a proposal;
(c) the objective criteria, including, if applicable, cost, and subjective criteria that the procurement unit will use to evaluate proposals;
(d) information about the time and manner of opening proposals; and
(e) terms and conditions that the procurement unit intends to include in a contract resulting from the request for proposals process.
(3) A procurement unit shall publish a request for proposals in accordance with the requirements of Section 63G-6a-112.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 7 - Request for Proposals › Section 704 - Processing of proposals -- Changes to proposals not allowed.

Effective 5/12/2020
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 contents of a proposal to the public or to another offeror, except as provided in Subsection 63G-2-305(6).
(2) A person who submits a proposal may not, after the deadline for submitting proposals, make a change to the proposal if the change is prejudicial to:
(a) the interest of the procurement unit; or
(b) fair competition.
Repealed and Re-enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 7 - Request for Proposals › Section 704.4 - Limited addenda to requests for proposals.

Effective 5/12/2020
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 proposals, if the addendum does not change the request for proposals in a way that, in the opinion of the procurement official, would likely have affected the number of proposals submitted in response to the request for proposals had the addendum been included in the original request for proposals.
Enacted by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 7 - Request for Proposals › Section 704.6 - Discussions with a person who submits a proposal.

Effective 5/12/2020
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 proposal following discussions under Subsection (1) if the procurement unit determines that the offeror is not responsible or the proposal is not responsive.
Enacted by Chapter 257, 2020 General Session