63G-6a-107.6. Exemptions from chapter.
| (1) |
Except for this Subsection (1), the provisions of this chapter do not apply to:
Terms Used In Utah Code 63G-6a-107.6- Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. 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
- Real property: means land and any building, fixture, improvement, appurtenance, structure, or other development that is permanently affixed to land. See Utah Code 63G-6a-103
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- Statute: A law passed by a legislature.
| (a) |
a public entity‘s acquisition of a procurement item from another public entity; or |
| (b) |
a public entity that is not a procurement unit, including the Colorado River Authority of Utah as provided in Section 63M-14-210. |
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| (2) |
Unless otherwise provided by statute and except for this Subsection (2), the provisions of this chapter do not apply to the acquisition or disposal of real property or an interest in real property. |
| (3) |
Except for this Subsection (3) and 24, the provisions of this chapter do not apply to:
| (a) |
funds administered under the Percent-for-Art Program of the Utah Percent-for-Art Act; |
| (c) |
medical supplies or medical equipment, including service agreements for medical equipment, obtained by the University of Utah Hospital through a purchasing consortium if:
| (i) |
the consortium uses a competitive procurement process; and |
| (ii) |
the chief administrative officer of the hospital makes a written finding that the prices for purchasing medical supplies and medical equipment through the consortium are competitive with market prices; |
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| (d) |
the purchase of firefighting supplies or equipment by the Division of Forestry, Fire, and State Lands, created in Section 65A-1-4, through the federal General Services Administration or the National Fire Cache system; |
| (e) |
supplies purchased for resale to the public; or |
| (f) |
activities related to the management of investments by a public entity granted investment authority by law. |
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| (4) |
This chapter does not supersede the requirements for retention or withholding of construction proceeds and release of construction proceeds as provided in Section 13-8-5. |
| (5) |
Except for this Subsection (5), the provisions of this chapter do not apply to a procurement unit’s hiring a mediator, arbitrator, or arbitration panel member to participate in the procurement unit’s dispute resolution efforts. |
Amended by Chapter 179, 2021 General Session
