63G-6a-2103.  Purchases between public entities.

(1) 

Terms Used In Utah Code 63G-6a-2103

  • Cooperative procurement: means procurement conducted by, or on behalf of:
(a) more than one procurement unit; or
(b) a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103
  • 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
  • Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103
  • (a) 

    (i)  A public entity may purchase a procurement item from another public entity.

    (ii)  Subsection (1)(a)(i) may not be construed to require a public entity to sell a procurement item to another public entity.

    (b)  As provided in Subsection 63G-6a-107.6(1)(a), a purchase under Subsection (1)(a) is not subject to the procurement requirements of this chapter.

    (c) 

    (i)  Subsection (1)(a) does not authorize a public entity to obtain a procurement item under a contract of another public entity.

    (ii)  Subsection (1)(c)(i) does not affect the authority of a procurement unit relating to a cooperative procurement under Subsection 63G-6a-2105(4)(b).

    (2)  A public entity may publish a schedule of costs or fees for procurement items available for purchase by another public entity.

    Amended by Chapter 257, 2020 General Session