(1) In addition to making rules in accordance with Section 63G-6a-107.7 and the other provisions of this chapter, the board shall consider and decide matters of policy within the provisions of this chapter, including those referred to it by the chief procurement officer.

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Terms Used In Utah Code 63G-6a-203

  • Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-103
  • Chief procurement officer: means the individual appointed under Section 63A-2-102. 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
  • Independent procurement unit: means :
         (39)(a)
              (39)(a)(i) a legislative procurement unit;
              (39)(a)(ii) a judicial branch procurement unit;
              (39)(a)(iii) an educational procurement unit;
              (39)(a)(iv) a local government procurement unit;
              (39)(a)(v) a conservation district;
              (39)(a)(vi) a local building authority;
              (39)(a)(vii) a special district;
              (39)(a)(viii) a public corporation;
              (39)(a)(ix) a special service district; or
              (39)(a)(x) the Utah Communications Authority, established in Section 63H-7a-201;
         (39)(b) the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities;
         (39)(c) the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General;
         (39)(d) the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code;
         (39)(e) the Department of Health and Human Services, but only for the procurement of a human services procurement item; or
         (39)(f) 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Rulemaking authority: means :
         (78)(a) for a legislative procurement unit, the Legislative Management Committee;
         (78)(b) for a judicial procurement unit, the Judicial Council;
         (78)(c)
              (78)(c)(i) only to the extent of the procurement authority expressly granted to the procurement unit by statute:
                   (78)(c)(i)(A) for the facilities division, the facilities division;
                   (78)(c)(i)(B) for the Office of the Attorney General, the attorney general;
                   (78)(c)(i)(C) for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation;
                   (78)(c)(i)(D) for the Department of Health and Human Services, the executive director of the Department of Health and Human Services; and
                   (78)(c)(i)(E) 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
              (78)(c)(ii) for each other executive branch procurement unit, the board;
         (78)(d) for a local government procurement unit:
              (78)(d)(i) the governing body of the local government unit; or
              (78)(d)(ii) an individual or body designated by the local government procurement unit;
         (78)(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;
         (78)(f) for a state institution of higher education, the Utah Board of Higher Education;
         (78)(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education;
         (78)(h) for a public transit district, the chief executive of the public transit district;
         (78)(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:
              (78)(i)(i) with respect to a subject addressed by board rules; or
              (78)(i)(ii) that are in addition to board rules;
         (78)(j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education;
         (78)(k) for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees;
         (78)(l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees;
         (78)(m) for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or
         (78)(n) for any other procurement unit, the board. See Utah Code 63G-6a-103
(2)

     (2)(a) The board may:

          (2)(a)(i) audit and monitor the implementation of its rules and the requirements of this chapter;
          (2)(a)(ii) upon the request of a procurement unit with a rulemaking authority other than the board, review the procurement unit’s proposed rules to ensure that they are not inconsistent with the provisions of this chapter or rules made by the board; and
          (2)(a)(iii) approve the use of innovative procurement processes.
     (2)(b) Except as provided in Section 63G-6a-1702, the board may not exercise authority over:

          (2)(b)(i) the award or administration of any particular contract; or
          (2)(b)(ii) any dispute, claim, or litigation pertaining to any particular contract.
(3) Except as otherwise expressly provided in this chapter, the board does not have authority over a matter involving an independent procurement unit.