63G-6a-2403.  Applicability.

(1)  This part applies to each public entity.

Terms Used In Utah Code 63G-6a-2403

  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
  • Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:
(a) implementing the contract;
(b) ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor;
(c) executing change orders;
(d) processing contract amendments;
(e) resolving, to the extent practicable, contract disputes;
(f) curing contract errors and deficiencies;
(g) terminating a contract;
(h) measuring or evaluating completed work and contractor performance;
(i) computing payments under the contract; and
(j) closing out a contract. See Utah Code 63G-6a-103
  • Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. 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
  • Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103
    • (2)  A procurement professional is subject to this part at all times during:

    (a)  the procurement process; and

    (b)  the administration of a contract or grant.

    (3)  A contract administration professional is subject to this part at all times during the period the contract administration professional is:

    (a)  under contract with a procurement unit; and

    (b)  involved in:

    (i)  the procurement process; or

    (ii)  the administration of a contract or grant.

    (4)  This part does not apply to:

    (a)  an individual described in Subsection 63G-6a-2402(9)(b);

    (b)  any individual other than a procurement professional or contract administration professional; or

    (c)  a taxed interlocal entity, as defined in Section 11-13-602, or a director, officer, or employee of a taxed interlocal entity.

    (5)  The other subsections of this section do not affect the applicability or effect of any other ethics, bribery, or other law.

    Amended by Chapter 348, 2017 General Session

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