Utah Code 63G-6a-803. Emergency procurement
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(1) As used in this section, “natural disaster” means an event where:
Terms Used In Utah Code 63G-6a-803
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
- 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
- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public entity: means the state or any other government entity within the state that expends public funds. 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- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) one or more of the following has caused widespread damage:(1)(a)(i) an explosion;(1)(a)(ii) fire;(1)(a)(iii) a flood;(1)(a)(iv) a storm;(1)(a)(v) a tornado;(1)(a)(vi) winds;(1)(a)(vii) an earthquake;(1)(a)(viii) lightning; or(1)(a)(ix) other adverse weather event; and(1)(b) the president of the United States has declared an emergency or major disaster in the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.(2) Notwithstanding any other provision of this chapter and subject to Subsection (4), a procurement official may authorize a procurement unit to engage in an emergency procurement without using a standard procurement process if the procurement is necessary to:(2)(a) avoid a lapse in a critical government service;(2)(b) mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property, including a natural disaster; or(2)(c) protect the legal interests of a public entity.(3) A procurement unit conducting an emergency procurement under Subsection (2) shall:(3)(a) ensure that the procurement is made with as much competition as reasonably practicable while:(3)(a)(i) avoiding a lapse in a critical government service;(3)(a)(ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or(3)(a)(iii) protecting the legal interests of a public entity; and(3)(b) make the following publicly available on the procurement unit’s website within 14 days of the emergency procurement:(3)(b)(i) a written document describing the specific emergency that necessitated the emergency procurement;(3)(b)(ii) the name of the highest ranking government official that approved the emergency procurement; and(3)(b)(iii) each written contract related to the emergency procurement.(4)(4)(a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract entered into for an emergency procurement under this section may be no longer than 30 days.(4)(b) The term of a contract entered into for an emergency procurement under this section related to a natural disaster may be no longer than 60 days.(5)(5)(a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do not apply to an emergency procurement for legal services.(5)(b) A person hired through an emergency procurement to provide legal services may not, under the contract entered into through the emergency procurement, hire or otherwise provide remuneration to a consultant for services related to any topic that is not directly related to the legal services for which the person was hired.(6) The requirements described in Subsection (4) do not apply to an emergency procurement by the Department of Human Services related to the:(6)(a) placement of a client with a residential service provider; or(6)(b) provision of medical services for a client.