Terms Used In Utah Code > Title 63G > Chapter 6a > Part 12 - Contracts and Change Orders

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
• Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103
• Change order: means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract. See Utah Code 63G-6a-103
• 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
• Cost-reimbursement contract: means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this chapter, and a fee, if any. See Utah Code 63G-6a-103
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Definite quantity contract: means a fixed price contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule. See Utah Code 63G-6a-103
• Design professional: means :

  (a)	an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act;

  (b)	an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or

  (c)

  an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act. 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 Fixed price contract: means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that: (a)  the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor; or (b)  an adjustment is required by law. See Utah Code 63G-6a-103 Fixed price contract with price adjustment: means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that: (a)  is based on the consumer price index or another commercially acceptable index, source, or formula; and (b)  is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 Indefinite quantity contract: means a fixed price contract that: (a)  is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit; and (b)  (i)  does not require a minimum purchase amount; or (ii)  provides a maximum purchase limit. See Utah Code 63G-6a-103 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Independent procurement unit: means : (a)  (i)  a legislative procurement unit; (ii)  a judicial branch procurement unit; (iii)  an educational procurement unit; (iv)  a local government procurement unit; (v)  a conservation district; (vi)  a local building authority; (vii)  a special district; (viii)  a public corporation; (ix)  a special service district; or (x)  the Utah Communications Authority, established in Section 63H-7a-201; (b)  the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities; (c)  the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General; (d)  the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code; or (e)  any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103 Labor hour contract: is a contract under which: (a)  the supplies and materials are not provided by, or through, the contractor; and (b)  the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit for a specified number of labor hours or days. See Utah Code 63G-6a-103 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 Multiple award contracts: means the award of a contract for an indefinite quantity of a procurement item to more than one person. See Utah Code 63G-6a-103 Multiyear contract: means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract. See Utah Code 63G-6a-103 Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103 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 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 Public entity: means the state or any other government entity within the state that expends public funds. 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 Request for proposals process: means the procurement process described in 7. See Utah Code 63G-6a-103 Requirements contract: means a contract: (a)  under which a contractor agrees to provide a procurement unit's entire requirements for certain procurement items at prices specified in the contract during the contract period; and (b)  that: (i)  does not require a minimum purchase amount; or (ii)  provides a maximum purchase limit. 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 Road: includes :Utah Code 68-3-12.5 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 (n)  for any other procurement unit, the board. See Utah Code 63G-6a-103 Sole source procurement: means a procurement without competition pursuant to a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the procurement item. 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 Standard procurement process: means : (a)  the bidding process; (b)  the request for proposals process; (c)  the approved vendor list process; (d)  the small purchase process; or (e)  the design professional procurement process. 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 Technology: means the same as "information technology" as defined in Section 63A-16-102. See Utah Code 63G-6a-103 Time and materials contract: means a contract under which the contractor is paid: (a)  the actual cost of direct labor at specified hourly rates; (b)  the actual cost of materials and equipment usage; and (c)  an additional amount, expressly described in the contract, to cover overhead and profit, that is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 Writing: includes :Utah Code 68-3-12.5