§ 63G-6a-1209. Leases.

(1) As used in this section, "lease" means for a procurement unit to lease or lease-purchase a procurement item from a person.

(2) This section does not apply to the lease of real property.

(3) A procurement unit may not lease a procurement item unless the procurement unit complies with the requirements of this section.

(4) A procurement unit may lease a procurement item if:

(a) the procurement officer determines that it is in the best interest of the procurement unit to lease the procurement item, after the procurement officer:

(i) investigates alternative means of obtaining the procurement item; and

(ii) considers the costs and benefits of the alternative means of obtaining the procurement item;

(b) all conditions for renewal and cost are included in the lease;

(c) the lease is awarded through a standard procurement process, or an exception to a standard procurement process described in Part 8, Exceptions to Procurement Requirements;

(d) for a standard procurement process, the invitation for bids, request for proposals, or request for quotes states:

(i) that the procurement unit is seeking, or willing to consider, a lease; and

(ii) for a lease purchase, that the procurement unit is seeking, or willing to consider, a lease-purchase;

(e) the lease is not used to avoid competition; and

(f) the lease complies to all other provisions of law or rule applicable to the lease.

Enacted by Chapter 445, 2013 General Session