Utah Code 63G-6a-1209. Leases
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(1) As used in this section, “lease” means for a procurement unit to lease or lease-purchase a procurement item from a person.
Terms Used In Utah Code 63G-6a-1209
- 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
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- 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
- Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103
- Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. 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
- Standard procurement process: means :
(88)(a) the bidding process;(88)(b) the request for proposals process;(88)(c) the approved vendor list process;(88)(d) the small purchase process; or(88)(e) the design professional procurement process. See Utah Code 63G-6a-103(2) This section does not apply to the lease of real property.(3) A procurement unit may not lease a procurement item unless the procurement unit complies with the requirements of this section.(4) A procurement unit may lease a procurement item if:(4)(a) the procurement officer determines that it is in the best interest of the procurement unit to lease the procurement item, after the procurement officer:(4)(a)(i) investigates alternative means of obtaining the procurement item; and(4)(a)(ii) considers the costs and benefits of the alternative means of obtaining the procurement item;(4)(b) all conditions for renewal and cost are included in the lease;(4)(c) the lease is awarded through a standard procurement process, or an exception to a standard procurement process described in Part 8, Exceptions to Procurement Requirements;(4)(d) for a standard procurement process, the invitation for bids, request for proposals, or request for quotes states:(4)(d)(i) that the procurement unit is seeking, or willing to consider, a lease; and(4)(d)(ii) for a lease purchase, that the procurement unit is seeking, or willing to consider, a lease-purchase;(4)(e) the lease is not used to avoid competition; and(4)(f) the lease complies with all other provisions of law or rule applicable to the lease.