§ 63G-6a-105. Application of chapter.

(1) The provisions of this chapter that are enacted on May 1, 2013, apply only to a procurement advertised, or begun on or after May 1, 2013, unless the parties agree to have the provisions apply with respect to a procurement that was advertised or begun before May 1, 2013, but is not completed before May 1, 2013.

(2)

(a) Except as provided in Section 63G-6a-107, this chapter shall apply to every expenditure of public funds irrespective of the source of the funds, including federal assistance, by any procurement unit, under any contract.

(b) The provisions of this chapter do not apply to a public entity that is not a procurement unit.

(3) Except as provided in Subsection 17B-1-108(3) relating to local districts, the following procurement units shall adopt ordinances or resolutions relating to the procurement of architect-engineer services not inconsistent with the provisions of Part 15, Architect-Engineer Services:

(a) an educational procurement unit;

(b) a conservation district;

(c) a local building authority;

(d) a local district;

(e) a public corporation; or

(f) a special service district.

(4) Any section of this chapter, or its implementing regulations, may be adopted by:

(a) a county;

(b) a municipality; or

(c) the Utah Housing Corporation.

(5) Rules adopted under this chapter shall be consistent with the provisions of this chapter.

(6) An applicable rulemaking authority or a procurement unit may not adopt rules, policies, or regulations that are inconsistent with this chapter.

(7) Unless otherwise provided by statute, this chapter does not apply to procurement of real property.

Amended by Chapter 445, 2013 General Session