Utah Code 63G-6a-2402. Definitions

63G-6a-2402. Definitions.
As used in this part:

(1)

“Contract administration professional”:

Terms Used In Utah Code 63G-6a-2402

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Contract: A legal written agreement that becomes binding when signed.
Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
Contractor: means a person who is awarded a contract with a procurement unit. 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
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing body: means an administrative, advisory, executive, or legislative body of a public entity. See Utah Code 63G-6a-2402
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
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Person: means :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
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
Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 63G-6a-103
Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 63G-6a-103

(a)

means an individual who:

(i)

is:

(A)	directly under contract with a procurement unit; or

(B)	employed by a person under contract with a procurement unit; and

(ii)

has responsibility in:

(A)	developing a solicitation or grant, or conducting the procurement process; or

(B)	supervising or overseeing the administration or management of a contract or grant; and

(b)	does not include an employee of the procurement unit.

(2)

“Contribution”:

(a)	means a voluntary gift or donation of money, service, or anything else of value, to a public entity for the public entity’s use and not for the primary use of an individual employed by the public entity; and

(b)

includes:

(i)	a philanthropic donation;

(ii)	admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity;

(iii)

the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and

(iv)	the sponsorship of an event that is organized by the public entity.

(3)	“Family member” means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.

(4)	“Governing body” means an administrative, advisory, executive, or legislative body of a public entity.

(5)

“Gratuity”:

(a)

means anything of value given:

(i)	without anything provided in exchange; or

(ii)	in excess of the market value of that which is provided in exchange;

(b)

includes:

(i)	a gift or favor;

(ii)

money;

(iii)

a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market;

(iv)	anything of value provided with an award, other than a certificate, plaque, or trophy;

(v)	employment;

(vi)	admission to an event;

(vii)

a meal, lodging, or travel;

(viii)

entertainment for which a charge is normally made; and

(ix)	a raffle, drawing for a prize, or lottery; and

(c)

does not include:

(i)

an item, including a meal in association with a training seminar, that is:

(A)	included in a contract or grant; or

(B)	provided in the proper performance of a requirement of a contract or grant;

(ii)	an item requested to evaluate properly the award of a contract or grant;

(iii)

a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item;

(iv)	a meal provided by an organization or association, including a professional or educational association, an association of vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to solicitations;

(v)	a product sample submitted to a public entity to assist the public entity to evaluate a solicitation;

(vi)	a political campaign contribution;

(vii)

an item generally available to the public; or

(viii)

anything of value that one public agency provides to another public agency.

(6)

“Hospitality gift”:

(a)	means a token gift of minimal value, including a pen, pencil, stationery, toy, pin, trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and

(b)	does not include money, a meal, admission to an event for which a charge is normally made, entertainment for which a charge is normally made, travel, or lodging.

(7)

“Kickback”:

(a)	means a negotiated bribe provided in connection with a procurement or the administration of a contract or grant; and

(b)	does not include anything listed in Subsection (5)(c).

(8)	“Procurement” has the same meaning as defined in Section 63G-6a-103, but also includes the awarding of a grant.

(9)

“Procurement professional”:

(a)

means an individual who is an employee, and not an independent contractor, of a procurement unit, and who, by title or primary responsibility:

(i)	has procurement decision making authority; and

(ii)

is assigned to be engaged in, or is engaged in:

(A)	the procurement process; or

(B)	the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and

(b)

excludes:

(i)	any individual who, by title or primary responsibility, does not have procurement decision making authority;

(ii)	an individual holding an elective office;

(iii)

a member of a governing body;

(iv)

a chief executive of a public entity or a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the procurement process or the contract or grant administration process;

(v)	the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal;

(vi)	a university or college president, vice president, business administrator, or dean;

(vii)

a chief executive of a special district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act;

(viii)

an employee of a public entity with:

(A)	an annual budget of $1,000,000 or less; or

(B)	no more than four full-time employees; and

(ix)

an executive director or director of an executive branch procurement unit who:

(A)	by title or primary responsibility, does not have procurement decision making authority; and

(B)	is not assigned to engage in, and is not engaged in, the procurement process.

(10)	“Public agency” has the same meaning as defined in Section 11-13-103, but also includes all officials, employees, and official representatives of a public agency, as defined in Section 11-13-103.

Amended by Chapter 16, 2023 General Session

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