Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
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
Responsible: means being capable, in all respects, of:
(a)
meeting all the requirements of a solicitation; and
(b)
fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. 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
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
“Chief information officer” means the director of the Division of Technology Services, created in Section 63A-16-103.
(b)
“Department” means the Department of Government Operations, created in Section 63A-1-104.
(2)
(a)
In accordance with Subsection (3), the chief information officer shall approve the acquisition by an executive branch agency of:
(i)
information technology equipment;
(ii)
telecommunications equipment;
(iii)
software;
(iv)
services related to the items described in Subsections (2)(a)(i) through (iii); and
(v)
data acquisition.
(b)
The chief information officer may negotiate the purchase, lease, or rental of private or public information technology or telecommunication services or facilities in accordance with this section.
(c)
Where practical, efficient, and economically beneficial, the chief information officer shall use existing private and public information technology or telecommunication resources.
(d)
In accordance with Section 63A-16-206, the chief information officer may recommend coordination of acquisitions between two or more executive branch agencies if the coordination is in the best interests of the state.
(e)
An acquisition approved under this section shall comply with rules made by the applicable rulemaking authority under Chapter 6a, Utah Procurement Code.
(3)
Before a conducting procurement unit negotiates a purchase, lease, or rental under Subsection (2) for an amount that exceeds the value established by the chief information officer by rule made in accordance with Section 63A-16-205, the chief information officer shall:
(a)
conduct an analysis of the needs of executive branch agencies and subscribers of services and the ability of the proposed information technology or telecommunications services or supplies to meet those needs; and
(b)
for purchases, leases, or rentals not covered by an existing statewide contract, certify in writing to the chief procurement officer in the Division of Purchasing and General Services that:
(i)
the analysis required in Subsection (3)(a) was completed; and
(ii)
based on the analysis, the proposed purchase, lease, rental, or master contract of services, products, or supplies is practical, efficient, and economically beneficial to the state and the executive branch agency or subscriber of services.
(4)
The chief information officer shall approve an acquisition described in Subsection (2) or (3) if the acquisition complies with:
(a)
the applicable rules and policies described in Section 63A-16-205;
(b)
the executive branch strategic plan;
(c)
the applicable agency information technology plan;
(d)
the budget for the executive branch agency or department as adopted by the Legislature;
the information technology accessibility standards described in Section 63A-16-209.
(5)
Each executive branch agency shall provide the chief information officer with complete access to all information technology records, documents, and reports:
(a)
at the request of the chief information officer; and
(b)
related to the executive branch agency’s acquisition of an item described in Subsection (2).
(6)
(a)
In accordance with administrative rules established by the chief information officer under Section 63A-16-205, an executive branch agency and the department may not initiate a new technology project unless the technology project is described in a formal project plan and a business case analysis is approved by the chief information officer and the highest ranking executive branch agency official.
(b)
The project plan and business case analysis required under this Subsection (6) shall include:
(i)
a statement of work to be done and existing work to be modified or displaced;
(ii)
the total cost of the system development and conversion effort, including system analysis and programming costs, establishment of master files, testing, documentation, special equipment cost, and all other costs, including overhead;
(iii)
the savings or added operating costs that will result after conversion;
(iv)
a description of the other advantages or reasons that justify the work;
(v)
the source of funding of the work, including ongoing costs;
(vi)
a description of the project’s consistency with budget submissions and planning components of budgets; and
(vii)
a statement regarding whether the work is within the scope of projects or initiatives envisioned when the current fiscal year budget was approved.
(c)
The chief information officer shall determine the required form of the project plan and business case analysis described in this Subsection (6).
(7)
Subject to Subsection (9), the chief information officer and the Division of Purchasing and General Services within the department shall work cooperatively to establish procedures under which the chief information officer shall monitor and approve acquisitions under this section.
(8)
In addition to the requirement that the chief information officer approve the acquisitions described in Subsections (2) and (3), the Division of Technology Services shall, subject to Subsection (9), assist and support executive branch agencies in the acquisition of all technology services and products.
(9)
In relation to the acquisition of technology services or products:
(a)
the requirement of approval by the chief information officer, as described in this section, and the assistance and support of the Division of Technology Services described in Subsection (8), do not make the chief information officer, the department, or the Division of Technology Services responsible to manage the contract or fund the procurement;
(b)
contract management is the responsibility of the conducting procurement unit; and
(c)
funding of the procurement is the responsibility of the executive branch agency acquiring the technology services or products.
Renumbered and Amended by Chapter 43, 2023 General Session
