63G-6a-2105. Cooperative procurements — Contracts with federal government — Regional solicitations.
(1)
The chief procurement officer may, in accordance with the requirements of this chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a cooperative procurement, with:
Cooperative procurement: means procurement conducted by, or on behalf of:
(a)
more than one procurement unit; or
(b)
a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103
Cooperative purchasing organization: means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105. 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
Executive branch procurement unit: means a department, division, office, bureau, agency, or other organization within the state executive branch. See Utah Code 63G-6a-103
Judicial procurement unit: means :
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
the Judicial Council;
(d)
a state judicial district; or
(e)
an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
Legislative procurement unit: means :
(a)
the Legislature;
(b)
the Senate;
(c)
the House of Representatives;
(d)
a staff office of the Legislature, the Senate, or the House of Representatives; or
(e)
a committee, subcommittee, commission, or other organization:
(i)
within the state legislative branch; or
(ii)
(A)
that is created by statute to advise or make recommendations to the Legislature;
(B)
the membership of which includes legislators; and
(C)
for which the Office of Legislative Research and General Counsel provides staff support. 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
Procurement item: means an item of personal property, a technology, a service, or a construction project. 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
Solicitation: means an invitation for bids, request for proposals, or 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
State cooperative contract: means a contract awarded by the division for and in behalf of all public entities. See Utah Code 63G-6a-103
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
A public entity, nonprofit organization, or, as permitted under federal law, an agency of the federal government, may obtain a procurement item from a state cooperative contract or a contract awarded by the chief procurement officer under Subsection (1), without signing a participating addendum if the solicitation issued by the chief procurement officer to obtain the contract includes a statement indicating that the resulting contract will be issued for the benefit of public entities and, as applicable, nonprofit organizations and agencies of the federal government.
(3)
Except as provided in Section 63G-6a-506, or as otherwise provided in this chapter, an executive branch procurement unit may not obtain a procurement item from a source other than a state cooperative contract or a contract awarded by the chief procurement officer under Subsection (1), if the procurement item is available under a state cooperative contract or a contract awarded by the chief procurement officer under Subsection (1).
(4)
A Utah procurement unit may:
(a)
contract with the federal government without going through a standard procurement process or an exception to a standard procurement process, described in 8, if the procurement item obtained under the contract is provided:
(i)
directly by the federal government and not by a person contracting with the federal government; or
(ii)
by a person under contract with the federal government that obtained the contract in a manner that substantially complies with the provisions of this chapter;
(b)
participate in, sponsor, conduct, or administer a cooperative procurement with another Utah procurement unit or another public entity in Utah, if:
(i)
each party unit involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;
(ii)
the procurement is conducted, and the contract awarded, in accordance with the requirements of this chapter;
(iii)
the solicitation:
(A)
clearly indicates that the procurement is a cooperative procurement; and
(B)
identifies each party that may purchase under the resulting contract; and
(iv)
each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract; or
(c)
purchase under, or otherwise participate in, an agreement or contract of a cooperative purchasing organization, if:
(i)
each party involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;
(ii)
the procurement was conducted in accordance with the requirements of this chapter;
(iii)
the solicitation:
(A)
clearly indicates that the procurement is a cooperative procurement; and
(B)
identifies each party that may purchase under the resulting contract; and
(iv)
each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract.
(5)
A procurement unit may not obtain a procurement item under a contract that results from a cooperative procurement described in Subsection (4), unless the procurement unit:
(a)
is identified under Subsection (4)(b)(iii)(B) or (4)(c)(iii)(B); and
(b)
signs a participating addendum to the contract as required by this section.
(6)
A procurement unit, other than a legislative procurement unit or a judicial procurement unit, may not obtain a procurement item under a contract held by the United States General Services Administration, unless, based upon documentation provided by the procurement unit, the Director of the StateDivision of Purchasing and General Services determines in writing that the United States General Services Administration procured the contract in a manner that substantially complies with the provisions of this chapter.
(7)
(a)
As used in this Subsection (7), “regional solicitation” means a solicitation issued by the chief procurement officer for the procurement of a procurement item within a specified geographical region of the state.
(b)
In addition to any other duty or authority under this section, the chief procurement officer shall:
(i)
after considering board recommendations, develop a plan for issuing regional solicitations; and
(ii)
after developing a plan, issue regional solicitations for procurement items in accordance with the plan and this chapter.
(c)
A plan under Subsection (7)(b) shall:
(i)
define the proposed regional boundaries for regional solicitations;
(ii)
specify the types of procurement items for which a regional solicitation may be issued; and
(iii)
identify the regional solicitations that the chief procurement officer plans to issue.
(d)
A regional solicitation shall require that a person responding to the solicitation offer similar warranties and submit to similar obligations as are standard under other state cooperative contracts.
(e)
Except as authorized by the chief procurement officer, a procurement item that is available under a state cooperative contract may not be provided under a contract pursuant to a regional solicitation until after the expiration of the state cooperative contract.
Amended by Chapter 348, 2016 General Session Amended by Chapter 355, 2016 General Session
