63G-6a-2002.  Records — Retention.

(1)  All procurement records shall be retained and disposed of in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

Terms Used In Utah Code 63G-6a-2002

  • 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
  • Judicial procurement unit: means :
    (a) the Utah Supreme Court;
    (b) the Utah Court of Appeals;
    (c) the Judicial Council;
    (d) a state judicial district; or
    (e) an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
  • Legislative procurement unit: means :
    (a) the Legislature;
    (b) the Senate;
    (c) the House of Representatives;
    (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
    (e) a committee, subcommittee, commission, or other organization:
    (i) within the state legislative branch; or
    (ii) 
    (A) that is created by statute to advise or make recommendations to the Legislature;
    (B) the membership of which includes legislators; and
    (C) for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103
  • Person: means :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
  • 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
  • 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
    (2)  Written determinations required by this chapter shall be retained in the appropriate official contract file of:

    (a)  the division;

    (b)  except as provided in Subsection (2)(c), the independent procurement unit; or

    (c)  for a legislative procurement unit or a judicial procurement unit, the person designated by rule made by the rulemaking authority.

    (3)  A procurement unit shall keep, and make available to the public, upon request, written records of procurements for which an expenditure of $100 or more is made, for the longer of:

    (a)  six years;

    (b)  the time otherwise required by law; or

    (c)  the time period provided by rule made by the rulemaking authority.

    (4)  The written record described in Subsection (3) shall include:

    (a)  the name of the provider from whom the procurement was made;

    (b)  a description of the procurement item;

    (c)  the date of the procurement; and

    (d)  the expenditure made for the procurement.

    Amended by Chapter 257, 2020 General Session