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UTAH CODE (Last Updated: January 16, 2015) |
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Title 63G. General Government |
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Chapter 6a. Utah Procurement Code |
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Part 1. General Procurement Provisions |
§ 63G-6a-104. Definitions of government entities. (Effective 3/29/2014)
Latest version.
- As used in this chapter:
(1) "Applicable rulemaking authority" means: (a) as it relates to a legislative procurement unit, the Legislative Management Committee, which shall adopt a policy establishing requirements applicable to a legislative procurement unit; (b) as it relates to a judicial procurement unit, the Judicial Council; (c) as it relates to an executive branch procurement unit, except to the extent provided in Subsections (1)(d) through (g), the board; (d) as it relates to the State Building Board, created in Section 63A-5-101, the State Building Board, but only to the extent that the rules relate to procurement authority expressly granted to the State Building Board by statute; (e) as it relates to the Division of Facilities Construction and Management, created in Section 63A-5-201, the director of the Division of Facilities Construction and Management, but only to the extent that the rules relate to procurement authority expressly granted to the Division of Facilities Construction and Management by statute; (f) as it relates to the Office of the Attorney General, the attorney general, but only to the extent that the rules relate to procurement authority expressly granted to the attorney general by statute; (g) as it relates to the Department of Transportation, created in Section 72-1-201, the executive director of the Department of Transportation, but only to the extent that the rules relate to procurement authority expressly granted to the Department of Transportation by statute; (h) as it relates to a local government procurement unit, the legislative body of the local government procurement unit, not as a delegation of authority from the Legislature, but under the local government procurement unit's own legislative authority; (i) as it relates to a school district or a public school, the Utah State Procurement Policy Board, except to the extent that a school district makes its own nonadministrative rules, with respect to a particular subject, that do not conflict with the provisions of this chapter; (j) as it relates to a state institution of higher education, the State Board of Regents; (k) as it relates to a public transit district, the chief executive of the public transit district; (m) as it relates to a procurement unit, other than a procurement unit described in Subsections (1)(a) through (l), the board. (2) "Board" means the Utah State Procurement Policy Board, created in Section 63G-6a-202. (3) "Building board" means the State Building Board created in Section 63A-5-101. (4) "Conservation district" is as defined in Section 17D-3-102. (5) "Cooperative purchasing organization" means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105. (6) "Division" means the Division of Purchasing and General Services. (7) "Educational procurement unit" means: (a) a school district; (b) a public school, including a local school board or a charter school; (c) Utah Schools for the Deaf and Blind; (d) the Utah Education and Telehealth Network; or (e) an institution of higher education of the state. (8) "Executive branch procurement unit" means each department, division, office, bureau, agency, or other organization within the state executive branch, including the division and the attorney general's office. (9) "Judicial procurement unit" means: (a) the Utah Supreme Court; (b) the Utah Court of Appeals; (c) the Judicial Council; (d) a state judicial district; or (e) each office, committee, subcommittee, or other organization within the state judicial branch. (10) "Legislative procurement unit" means: (a) the Legislature; (b) the Senate; (c) the House of Representatives; (d) a staff office of an entity described in Subsection (10)(a), (b), or (c); or (e) each office, committee, subcommittee, or other organization within the state legislative branch. (11) "Local building authority" is as defined in Section 17D-2-102. (12) "Local district" is as defined in Section 17B-1-102. (13) "Local government procurement unit" means: (a) a county or municipality, and each office or agency of the county or municipality, unless the county or municipality adopts its own procurement code by ordinance; (b) a county or municipality, and each office or agency of the county or municipality, that has adopted this entire chapter by ordinance; or (c) a county or municipality, and each office or agency of the county or municipality, that has adopted a portion of this chapter by ordinance, to the extent that the term is used in the adopted portion of this chapter. (14) (a) "Procurement unit" means: (i) a legislative procurement unit; (ii) an executive branch procurement unit; (iii) a judicial procurement unit; (iv) an educational procurement unit; (v) a local government procurement unit; (vi) a local district; (vii) a special service district; (viii) a local building authority; (ix) a conservation district; (x) a public corporation; or (xi) a public transit district. (b) "Procurement unit" does not include a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. (15) "Public corporation" is as defined in Section 63E-1-102. (16) "Public entity" means any state government entity or a political subdivision of the state, including: (a) a procurement unit; (b) a municipality or county, regardless of whether the municipality or county has adopted this chapter or any part of this chapter; and (c) any other government entity located in Utah that expends public funds. (17) "Public transit district" means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act. (18) "Special service district" is as defined in Section 17D-1-102.