2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2402 - Definitions.

Effective 2/27/2023
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:
(A) developing a solicitation or grant, or conducting the procurement process; or
(B) supervising or overseeing the administration or management of a contract or grant; and
(b) does not include an employee of the procurement unit.
(2) "Contribution":
(a) means a voluntary gift or donation of money, service, or anything else of value, to a public entity for the public entity's use and not for the primary use of an individual employed by the public entity; and
(b) includes:
(i) a philanthropic donation;
(ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity;
(iii) the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and
(iv) the sponsorship of an event that is organized by the public entity.
(3) "Family member" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
(4) "Governing body" means an administrative, advisory, executive, or legislative body of a public entity.
(5) "Gratuity":
(a) means anything of value given:
(i) without anything provided in exchange; or
(ii) in excess of the market value of that which is provided in exchange;
(b) includes:
(i) a gift or favor;
(ii) money;
(iii) a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market;
(iv) anything of value provided with an award, other than a certificate, plaque, or trophy;
(v) employment;
(vi) admission to an event;
(vii) a meal, lodging, or travel;
(viii) entertainment for which a charge is normally made; and
(ix) a raffle, drawing for a prize, or lottery; and
(c) does not include:
(i) an item, including a meal in association with a training seminar, that is:
(A) included in a contract or grant; or
(B) provided in the proper performance of a requirement of a contract or grant;
(ii) an item requested to evaluate properly the award of a contract or grant;
(iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item;
(iv) a meal provided by an organization or association, including a professional or educational association, an association of vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to solicitations;
(v) a product sample submitted to a public entity to assist the public entity to evaluate a solicitation;
(vi) a political campaign contribution;
(vii) an item generally available to the public; or
(viii) anything of value that one public agency provides to another public agency.
(6) "Hospitality gift":
(a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin, trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and
(b) does not include money, a meal, admission to an event for which a charge is normally made, entertainment for which a charge is normally made, travel, or lodging.
(7) "Kickback":
(a) means a negotiated bribe provided in connection with a procurement or the administration of a contract or grant; and
(b) does not include anything listed in Subsection (5)(c).
(8) "Procurement" has the same meaning as defined in Section 63G-6a-103, but also includes the awarding of a grant.
(9) "Procurement professional":
(a) means an individual who is an employee, and not an independent contractor, of a procurement unit, and who, by title or primary responsibility:
(i) has procurement decision making authority; and
(ii) is assigned to be engaged in, or is engaged in:
(A) the procurement process; or
(B) the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and
(b) excludes:
(i) any individual who, by title or primary responsibility, does not have procurement decision making authority;
(ii) an individual holding an elective office;
(iii) a member of a governing body;
(iv) a chief executive of a public entity or a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the procurement process or the contract or grant administration process;
(v) the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal;
(vi) a university or college president, vice president, business administrator, or dean;
(vii) a chief executive of a special district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act;
(viii) an employee of a public entity with:
(A) an annual budget of $1,000,000 or less; or
(B) no more than four full-time employees; and
(ix) an executive director or director of an executive branch procurement unit who:
(A) by title or primary responsibility, does not have procurement decision making authority; and
(B) is not assigned to engage in, and is not engaged in, the procurement process.
(10) "Public agency" has the same meaning as defined in Section 11-13-103, but also includes all officials, employees, and official representatives of a public agency, as defined in Section 11-13-103.
Amended by Chapter 16, 2023 General Session