Utah Code 63G-6a-2402. Definitions
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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
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- 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
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- 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
- 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
(1)(a) means an individual who:
(1)(a)(i) is:
(1)(a)(i)(A) directly under contract with a procurement unit; or
(1)(a)(i)(B) employed by a person under contract with a procurement unit; and
(1)(a)(ii) has responsibility in:
(1)(a)(ii)(A) developing a solicitation or grant, or conducting the procurement process; or
(1)(a)(ii)(B) supervising or overseeing the administration or management of a contract or grant; and
(1)(b) does not include an employee of the procurement unit.
(2) “Contribution”:
(2)(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
(2)(b) includes:
(2)(b)(i) a philanthropic donation;
(2)(b)(ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity;
(2)(b)(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
(2)(b)(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”:
(5)(a) means anything of value given:
(5)(a)(i) without anything provided in exchange; or
(5)(a)(ii) in excess of the market value of that which is provided in exchange;
(5)(b) includes:
(5)(b)(i) a gift or favor;
(5)(b)(ii) money;
(5)(b)(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;
(5)(b)(iv) anything of value provided with an award, other than a certificate, plaque, or trophy;
(5)(b)(v) employment;
(5)(b)(vi) admission to an event;
(5)(b)(vii) a meal, lodging, or travel;
(5)(b)(viii) entertainment for which a charge is normally made; and
(5)(b)(ix) a raffle, drawing for a prize, or lottery; and
(5)(c) does not include:
(5)(c)(i) an item, including a meal in association with a training seminar, that is:
(5)(c)(i)(A) included in a contract or grant; or
(5)(c)(i)(B) provided in the proper performance of a requirement of a contract or grant;
(5)(c)(ii) an item requested to evaluate properly the award of a contract or grant;
(5)(c)(iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item;
(5)(c)(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;
(5)(c)(v) a product sample submitted to a public entity to assist the public entity to evaluate a solicitation;
(5)(c)(vi) a political campaign contribution;
(5)(c)(vii) an item generally available to the public; or
(5)(c)(viii) anything of value that one public agency provides to another public agency.
(6) “Hospitality gift”:
(6)(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
(6)(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”:
(7)(a) means a negotiated bribe provided in connection with a procurement or the administration of a contract or grant; and
(7)(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”:
(9)(a) means an individual who is an employee, and not an independent contractor, of a procurement unit, and who, by title or primary responsibility:
(9)(a)(i) has procurement decision making authority; and
(9)(a)(ii) is assigned to be engaged in, or is engaged in:
(9)(a)(ii)(A) the procurement process; or
(9)(a)(ii)(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
(9)(b) excludes:
(9)(b)(i) any individual who, by title or primary responsibility, does not have procurement decision making authority;
(9)(b)(ii) an individual holding an elective office;
(9)(b)(iii) a member of a governing body;
(9)(b)(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;
(9)(b)(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;
(9)(b)(vi) a university or college president, vice president, business administrator, or dean;
(9)(b)(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;
(9)(b)(viii) an employee of a public entity with:
(9)(b)(viii)(A) an annual budget of $1,000,000 or less; or
(9)(b)(viii)(B) no more than four full-time employees; and
(9)(b)(ix) an executive director or director of an executive branch procurement unit who:
(9)(b)(ix)(A) by title or primary responsibility, does not have procurement decision making authority; and
(9)(b)(ix)(B) is not assigned to engage in, and is not engaged in, the procurement process.