63G-6a-112.  Required public notice.

(1)  A procurement unit that issues a solicitation shall post notice of the solicitation:

Terms Used In Utah Code 63G-6a-112

  • Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
  • Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
  • Person: means :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
  • 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
  • Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
  • Solicitation response: means :
    (a) a bid submitted in response to an invitation for bids;
    (b) a proposal submitted in response to a request for proposals; or
    (c) a statement of qualifications submitted in response to a request for statement of qualifications. 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
  • (a)  at least seven days before the day of the deadline for submission of a solicitation response; and

    (b) 

    (i)  on the main website for the procurement unit; or

    (ii)  on a state website that is owned, managed by, or provided under contract with, the division for posting a public procurement notice.
  • (2)  A procurement unit may reduce the seven-day period described in Subsection (1), if the procurement unit’s procurement official signs a written statement that:

    (a)  states that a shorter time is needed; and

    (b)  determines that competition from multiple sources may be obtained within the shorter period of time.

    (3) 

    (a)  It is the responsibility of a person seeking information provided by a notice published under this section to seek out, find, and respond to the notice.

    (b)  As a courtesy and in order to promote competition, a procurement unit may provide, but is not required to provide, individual notice.

    Amended by Chapter 355, 2021 General Session