Utah Code 63G-6a-1204.5. Multiple award contracts

63G-6a-1204.5. Multiple award contracts.

(1)

Terms Used In Utah Code 63G-6a-1204.5

Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
Independent procurement unit: means :

(a)

(i)	a legislative procurement unit;

(ii)	a judicial branch procurement unit;

(iii)

an educational procurement unit;

(iv)	a local government procurement unit;

(v)	a conservation district;

(vi)	a local building authority;

(vii)

a special district;

(viii)

a public corporation;

(ix)	a special service district; or

(x)	the Utah Communications Authority, established in Section 63H-7a-201;

(b)	the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities;

(c)	the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General;

(d)	the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code; or

(e)

any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103

Multiple award contracts: means the award of a contract for an indefinite quantity of a procurement item to more than one person. See Utah Code 63G-6a-103

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103

Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103

Rulemaking authority: means :

(a)	for a legislative procurement unit, the Legislative Management Committee;

(b)	for a judicial procurement unit, the Judicial Council;

(c)

(i)

only to the extent of the procurement authority expressly granted to the procurement unit by statute:

(A)	for the facilities division, the facilities division;

(B)	for the Office of the Attorney General, the attorney general;

(C)	for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation; and

(D)	for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and

(ii)	for each other executive branch procurement unit, the board;

(d)

for a local government procurement unit:

(i)	the governing body of the local government unit; or

(ii)	an individual or body designated by the local government procurement unit;

(e)	for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter;

(f)	for a state institution of higher education, the Utah Board of Higher Education;

(g)	for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education;

(h)	for a public transit district, the chief executive of the public transit district;

(i)

for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules:

(i)	with respect to a subject addressed by board rules; or

(ii)	that are in addition to board rules;

(j)	for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education;

(k)	for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees;

(l)	for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees;

(m)	for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or

(n)	for any other procurement unit, the board. See Utah Code 63G-6a-103 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	Through a standard procurement process, the division or an independent procurement unit may enter into multiple award contracts with multiple persons.

(b)	The applicable rulemaking authority may make rules, consistent with this section, regulating the use of multiple award contracts.

(2)	Multiple award contracts may be in a procurement unit’s best interest if award to two or more bidders or offerors for similar procurement items is needed or desired for adequate delivery, service, availability, or product compatibility.

(3)

A procurement unit that enters into multiple award contracts under this section shall:

(a)	exercise care to protect and promote competition among bidders or offerors when seeking to enter into multiple award contracts;

(b)	name all eligible users of the multiple award contracts in the invitation for bids or request for proposals; and

(c)

if the procurement unit anticipates entering into multiple award contracts before issuing the invitation for bids or request for proposals, state in the invitation for bids or request for proposals that the procurement unit may enter into multiple award contracts at the end of the procurement process.

(4)

A procurement unit that enters into multiple award contracts under this section shall:

(a)	obtain, under the multiple award contracts, all of its normal, recurring requirements for the procurement items that are the subject of the contracts until the contracts terminate; and

(b)

reserve the right to obtain the procurement items described in Subsection (4)(a) separately from the contracts if:

(i)	there is a need to obtain a quantity of the procurement items that exceeds the amount specified in the contracts; or

(ii)	the procurement officer makes a written finding that the procurement items available under the contract will not effectively or efficiently meet a nonrecurring special need of a procurement unit.

(5)	An applicable rulemaking authority may make rules to further regulate a procurement under this section.

Amended by Chapter 257, 2020 General Session

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