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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-226

The governing board of each interlocal entity must adopt competitive public procurement rules or policies for goods and services used in the entity’s operations.

Source excerpt

anti-corruptioncompetitive procurementconstruction contractscontract awardcontract splittingcontract termscontractingcontractsgovernment contractsinterlocal entitiesinterlocal entityinterlocal entity procurementinterlocal governanceprocurementprocurement methodsprocurement thresholdprocurement thresholdspublic procurementsmall purchasesvendor evaluationvendor selection
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“The governing board of each interlocal entity must adopt competitive public procurement rules or policies for goods and services used in the entity’s operations.”

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02

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Subsection 11-13-226(2)(d)

Use only objective criteria in a procurement method to award the contract to the lowest responsible bidder with a responsive bid.

Section 11-13-226(2)(d)

Subsection 11-13-226(2)(i)

A purchase of a procurement item is allowed if it is under a state cooperative contract or another government-approved contract from a competitive process.

Section 11-13-226(2)(i)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 27 of 27 provisions

Provision 27

Part 11-13-2

part 11-13-2 Public Agencies' Joint Exercise of Powers

§ 11-13-226Competitive procurement -- Subject to state procurement code -- Exception.Provision

Source excerpt

The governing board of each interlocal entity must adopt competitive public procurement rules or policies for goods and services used in the entity’s operations.

Competitive procurement -- Subject to state procurement code -- Exception. The governing board of each interlocal entity shall adopt rules or policies for the competitive public procurement of goods and services required for the operation of the interlocal entity. Subject to Section 11-13-316 , an interlocal entity is subject to and shall comply with Title 63G, Chapter 6a, Utah Procurement Code, unless the board rules or policies adopted under Subsection (1) include provisions to: establish a procurement officer of the interlocal entity and define the duties of the procurement officer; define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds; address small purchases and establish small purchase thresholds and methods applicable to small purchases; establish a procurement method that uses only objective criteria to award a contract to the lowest responsible bidder that submits a responsive bid; establish a procurement method that allows subjective criteria to award a contract to the vendor that submits the highest scoring proposal, including: a selection or evaluation committee of at least three individuals; and documented independent scoring by the selection or evaluation committee to determine best value; establish a method to allow for the cancellation of a solicitation; establish a method for creating a list of approved, qualified vendors; establish a method to request information before initiating a procurement process; allow the purchase of a procurement item under a state cooperative contract, as defined in Section 63G-6a-103 , or another government approved contract that results from a competitive process; establish a procurement appeals process; establish documentation requirements applicable to procurements; establish notice requirements relating to the interlocal entity's issuance of a solicitation; require that a procurement be awarded based on the criteria included in a solicitation; allow for a procurement from a single source under documented and properly noticed conditions; allow for an emergency procurement under documented conditions; prohibit a cost-plus-percentage-of-cost contract and a cost-reimbursement contract, with exceptions similar to exceptions under Subsections 63G-6a-1205(5) and (6); limit the length of a contract, allowing for documented exceptions; require that the total value of the contract over the entire contract period determines the procurement threshold; prohibit dividing a procurement into multiple procurements to avoid an applicable procurement threshold; prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement; describe bond requirements for a construction contract; and establish standard terms and conditions for a contract with the interlocal entity.
Section 11-13-226Verify source
§ 11-13-226(1)Subsection 11-13-226(1)Provision

Source excerpt

The governing board of each interlocal entity must adopt rules or policies for competitive public procurement of goods and services needed to operate the entity.

The governing board of each interlocal entity shall adopt rules or policies for the competitive public procurement of goods and services required for the operation of the interlocal entity.
Section 11-13-226(1)Verify source
§ 11-13-226(2)Subsection 11-13-226(2)Provision

Source excerpt

An interlocal entity must comply with the Utah Procurement Code, unless board rules or policies adopted under Subsection (1) add specified procurement-related provisions.

Subject to Section 11-13-316 , an interlocal entity is subject to and shall comply with Title 63G, Chapter 6a, Utah Procurement Code, unless the board rules or policies adopted under Subsection (1) include provisions to: establish a procurement officer of the interlocal entity and define the duties of the procurement officer; define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds; address small purchases and establish small purchase thresholds and methods applicable to small purchases; establish a procurement method that uses only objective criteria to award a contract to the lowest responsible bidder that submits a responsive bid; establish a procurement method that allows subjective criteria to award a contract to the vendor that submits the highest scoring proposal, including: a selection or evaluation committee of at least three individuals; and documented independent scoring by the selection or evaluation committee to determine best value; establish a method to allow for the cancellation of a solicitation; establish a method for creating a list of approved, qualified vendors; establish a method to request information before initiating a procurement process; allow the purchase of a procurement item under a state cooperative contract, as defined in Section 63G-6a-103 , or another government approved contract that results from a competitive process; establish a procurement appeals process; establish documentation requirements applicable to procurements; establish notice requirements relating to the interlocal entity's issuance of a solicitation; require that a procurement be awarded based on the criteria included in a solicitation; allow for a procurement from a single source under documented and properly noticed conditions; allow for an emergency procurement under documented conditions; prohibit a cost-plus-percentage-of-cost contract and a cost-reimbursement contract, with exceptions similar to exceptions under Subsections 63G-6a-1205(5) and (6); limit the length of a contract, allowing for documented exceptions; require that the total value of the contract over the entire contract period determines the procurement threshold; prohibit dividing a procurement into multiple procurements to avoid an applicable procurement threshold; prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement; describe bond requirements for a construction contract; and establish standard terms and conditions for a contract with the interlocal entity.
Section 11-13-226(2)Verify source
§ 11-13-226(2)(a)Subsection 11-13-226(2)(a)Provision

Source excerpt

The interlocal entity must establish a procurement officer and define that officer’s duties.

establish a procurement officer of the interlocal entity and define the duties of the procurement officer;
Section 11-13-226(2)(a)Verify source
§ 11-13-226(2)(b)Subsection 11-13-226(2)(b)Provision

Source excerpt

define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds;

define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds;
Section 11-13-226(2)(b)Verify source
§ 11-13-226(2)(c)Subsection 11-13-226(2)(c)Provision

Source excerpt

address small purchases and establish small purchase thresholds and methods applicable to small purchases;

address small purchases and establish small purchase thresholds and methods applicable to small purchases;
Section 11-13-226(2)(c)Verify source
§ 11-13-226(2)(d)Subsection 11-13-226(2)(d)Provision

Source excerpt

Use only objective criteria in a procurement method to award the contract to the lowest responsible bidder with a responsive bid.

establish a procurement method that uses only objective criteria to award a contract to the lowest responsible bidder that submits a responsive bid;
Section 11-13-226(2)(d)Verify source
§ 11-13-226(2)(e)Subsection 11-13-226(2)(e)Provision

Source excerpt

A procurement method may use subjective criteria to award a contract to the vendor with the highest scoring proposal, if a selection or evaluation committee of at least three individuals makes documented independent scoring.

establish a procurement method that allows subjective criteria to award a contract to the vendor that submits the highest scoring proposal, including: a selection or evaluation committee of at least three individuals; and documented independent scoring by the selection or evaluation committee to determine best value;
Section 11-13-226(2)(e)Verify source
§ 11-13-226(2)(e)(i)Subsection 11-13-226(2)(e)(i)Provision

Source excerpt

A selection or evaluation committee must have at least three individuals.

a selection or evaluation committee of at least three individuals; and
Section 11-13-226(2)(e)(i)Verify source
§ 11-13-226(2)(e)(ii)Subsection 11-13-226(2)(e)(ii)Provision

Source excerpt

documented independent scoring by the selection or evaluation committee to determine best value;

documented independent scoring by the selection or evaluation committee to determine best value;
Section 11-13-226(2)(e)(ii)Verify source
§ 11-13-226(2)(f)Subsection 11-13-226(2)(f)Provision

Source excerpt

establish a method to allow for the cancellation of a solicitation;

establish a method to allow for the cancellation of a solicitation;
Section 11-13-226(2)(f)Verify source
§ 11-13-226(2)(g)Subsection 11-13-226(2)(g)Provision

Source excerpt

establish a method for creating a list of approved, qualified vendors;

establish a method for creating a list of approved, qualified vendors;
Section 11-13-226(2)(g)Verify source
§ 11-13-226(2)(h)Subsection 11-13-226(2)(h)Provision

Source excerpt

establish a method to request information before initiating a procurement process;

establish a method to request information before initiating a procurement process;
Section 11-13-226(2)(h)Verify source
§ 11-13-226(2)(i)Subsection 11-13-226(2)(i)Provision

Source excerpt

A purchase of a procurement item is allowed if it is under a state cooperative contract or another government-approved contract from a competitive process.

allow the purchase of a procurement item under a state cooperative contract, as defined in Section 63G-6a-103 , or another government approved contract that results from a competitive process;
Section 11-13-226(2)(i)Verify source
§ 11-13-226(2)(j)Subsection 11-13-226(2)(j)Provision

Source excerpt

establish a procurement appeals process;

establish a procurement appeals process;
Section 11-13-226(2)(j)Verify source
§ 11-13-226(2)(k)Subsection 11-13-226(2)(k)Provision

Source excerpt

Establish documentation requirements for procurements.

establish documentation requirements applicable to procurements;
Section 11-13-226(2)(k)Verify source
§ 11-13-226(2)(l)Subsection 11-13-226(2)(l)Provision

Source excerpt

This provision establishes notice requirements for an interlocal entity when it issues a solicitation.

establish notice requirements relating to the interlocal entity's issuance of a solicitation;
Section 11-13-226(2)(l)Verify source
§ 11-13-226(2)(m)Subsection 11-13-226(2)(m)Provision

Source excerpt

require that a procurement be awarded based on the criteria included in a solicitation;

require that a procurement be awarded based on the criteria included in a solicitation;
Section 11-13-226(2)(m)Verify source
§ 11-13-226(2)(n)Subsection 11-13-226(2)(n)Provision

Source excerpt

A single-source procurement is allowed if it is documented and properly noticed.

allow for a procurement from a single source under documented and properly noticed conditions;
Section 11-13-226(2)(n)Verify source
§ 11-13-226(2)(o)Subsection 11-13-226(2)(o)Provision

Source excerpt

Emergency procurement may be allowed if the conditions are documented.

allow for an emergency procurement under documented conditions;
Section 11-13-226(2)(o)Verify source
§ 11-13-226(2)(p)Subsection 11-13-226(2)(p)Provision

Source excerpt

This provision prohibits cost-plus-percentage-of-cost contracts and cost-reimbursement contracts, subject to similar exceptions under Subsections 63G-6a-1205(5) and (6).

prohibit a cost-plus-percentage-of-cost contract and a cost-reimbursement contract, with exceptions similar to exceptions under Subsections 63G-6a-1205(5) and (6);
Section 11-13-226(2)(p)Verify source
§ 11-13-226(2)(q)Subsection 11-13-226(2)(q)Provision

Source excerpt

limit the length of a contract, allowing for documented exceptions;

limit the length of a contract, allowing for documented exceptions;
Section 11-13-226(2)(q)Verify source
§ 11-13-226(2)(r)Subsection 11-13-226(2)(r)Provision

Source excerpt

The contract’s total value over the full contract period is used to determine the procurement threshold.

require that the total value of the contract over the entire contract period determines the procurement threshold;
Section 11-13-226(2)(r)Verify source
§ 11-13-226(2)(s)Subsection 11-13-226(2)(s)Provision

Source excerpt

A procurement must not be split into multiple procurements to avoid an applicable procurement threshold.

prohibit dividing a procurement into multiple procurements to avoid an applicable procurement threshold;
Section 11-13-226(2)(s)Verify source
§ 11-13-226(2)(t)Subsection 11-13-226(2)(t)Provision

Source excerpt

Do not accept bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement.

prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement;
Section 11-13-226(2)(t)Verify source
§ 11-13-226(2)(u)Subsection 11-13-226(2)(u)Provision

Source excerpt

describe bond requirements for a construction contract; and

describe bond requirements for a construction contract; and
Section 11-13-226(2)(u)Verify source
§ 11-13-226(2)(v)Subsection 11-13-226(2)(v)Provision
Section 11-13-226(2)(v)Verify source

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