As used in this part:

(1) “Contract administration professional”:

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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.
(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.