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.

Terms Used In Utah Code 63G-6a-1209

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Procurement item: means an item of personal property, a technology, a service, or a construction project. 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
  • Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. See Utah Code 63G-6a-103
  • Standard procurement process: means :
(a) the bidding process;
(b) the request for proposals process;
(c) the approved vendor list process;
(d) the small purchase process; or
(e) the design professional procurement process. See Utah Code 63G-6a-103
(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 8;

(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 with all other provisions of law or rule applicable to the lease.

Amended by Chapter 354, 2020 General Session

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