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 official: means :
(a)
for a procurement unit other than an independent procurement unit, the chief procurement officer;
(b)
for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;
(c)
for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule;
(d)
for a local government procurement unit:
(i)
the legislative body of the local government procurement unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a special district, the board of trustees of the special district or the board of trustees' designee;
(f)
for a special service district, the governing body of the special service district or the governing body's designee;
(g)
for a local building authority, the board of directors of the local building authority or the board of directors' designee;
(h)
for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee;
(i)
for a public corporation, the board of directors of the public corporation or the board of directors' designee;
(j)
for a school district or any school or entity within a school district, the board of the school district or the board's designee;
(k)
for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body;
(l)
for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee;
(m)
for the State Board of Education, the State Board of Education or the State Board of Education's designee;
(n)
for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education;
(o)
for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or
(p)
(i)
for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee;
(ii)
for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee;
(iii)
for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee; or
(iv)
for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. 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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
one or more of the following has caused widespread damage:
(i)
an explosion;
(ii)
fire;
(iii)
a flood;
(iv)
a storm;
(v)
a tornado;
(vi)
winds;
(vii)
an earthquake;
(viii)
lightning; or
(ix)
other adverse weather event; and
(b)
the president of the United States has declared an emergency or major disaster in the state, or the governor has declared a state of emergency under 2.
(2)
Notwithstanding any other provision of this chapter and subject to Subsection (4), a procurement official may authorize a procurement unit to engage in an emergency procurement without using a standard procurement process if the procurement is necessary to:
(a)
avoid a lapse in a critical government service;
(b)
mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property, including a natural disaster; or
(c)
protect the legal interests of a public entity.
(3)
A procurement unit conducting an emergency procurement under Subsection (2) shall:
(a)
ensure that the procurement is made with as much competition as reasonably practicable while:
(i)
avoiding a lapse in a critical government service;
(ii)
avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or
(iii)
protecting the legal interests of a public entity; and
(b)
make the following publicly available on the procurement unit’s website within 14 days of the emergency procurement:
(i)
a written document describing the specific emergency that necessitated the emergency procurement;
(ii)
the name of the highest ranking government official that approved the emergency procurement; and
(iii)
each written contract related to the emergency procurement.
(4)
(a)
Except as provided in Subsections (4)(b), (5), and (6), the term of a contract entered into for an emergency procurement under this section may be no longer than 30 days.
(b)
The term of a contract entered into for an emergency procurement under this section related to a natural disaster may be no longer than 60 days.
(5)
(a)
Subject to Subsection (5)(b), the requirements described in Subsection (4) do not apply to an emergency procurement for legal services.
(b)
A person hired through an emergency procurement to provide legal services may not, under the contract entered into through the emergency procurement, hire or otherwise provide remuneration to a consultant for services related to any topic that is not directly related to the legal services for which the person was hired.
(6)
The requirements described in Subsection (4) do not apply to an emergency procurement by the Department of Human Services related to the:
(a)
placement of a client with a residential service provider; or
