Terms Used In Utah Code > Title 63G > Chapter 6a - Utah Procurement Code

• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Allegation: something that someone says happened.
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• Appointing officer: means :
       (1)(a) the chair of the board; or
       (1)(b) a designee of the chair who is not employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor's protest. See Utah Code 63G-6a-1701.5
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved vendor: means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process. See Utah Code 63G-6a-103
• Approved vendor list: means a list of approved vendors established under Section 63G-6a-507. See Utah Code 63G-6a-103
• Approved vendor list process: means the procurement process described in Section 63G-6a-507. See Utah Code 63G-6a-103
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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 Part 6, Bidding. See Utah Code 63G-6a-103
• Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-103
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• 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
• Chief procurement officer: means the individual appointed under Section 63A-2-102. See Utah Code 63G-6a-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement:
       (10)(a) except:

            (10)(a)(i) reviewing a solicitation to verify that it is in proper form; and

            (10)(a)(ii) causing the publication of a notice of a solicitation; and
       (10)(b) including:

            (10)(b)(i) preparing any solicitation document;

            (10)(b)(ii) appointing an evaluation committee;

            (10)(b)(iii) conducting the evaluation process, except the process relating to scores calculated for costs of proposals;

            (10)(b)(iv) selecting and recommending the person to be awarded a contract;

            (10)(b)(v) negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and

            (10)(b)(vi) contract administration. See Utah Code 63G-6a-103
• Conservation district: means the same as that term is defined in Section 17D-3-102. See Utah Code 63G-6a-103
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
• Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:
       (16)(a) implementing the contract;
       (16)(b) ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor;
       (16)(c) executing change orders;
       (16)(d) processing contract amendments;
       (16)(e) resolving, to the extent practicable, contract disputes;
       (16)(f) curing contract errors and deficiencies;
       (16)(g) terminating a contract;
       (16)(h) measuring or evaluating completed work and contractor performance;
       (16)(i) computing payments under the contract; and
       (16)(j) closing out a contract. 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
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative procurement: means procurement conducted by, or on behalf of:
       (18)(a) more than one procurement unit; or
       (18)(b) a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103
• Cooperative purchasing organization: means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105. See Utah Code 63G-6a-103
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
• Creditor: means a person, including an insured, having a claim, whether:
       (39)(a) matured;
       (39)(b) unmatured;
       (39)(c) liquidated;
       (39)(d) unliquidated;
       (39)(e) secured;
       (39)(f) unsecured;
       (39)(g) absolute;
       (39)(h) fixed; or
       (39)(i) contingent. See Utah Code 31A-1-301
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
• 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
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Department: means the Department of Health and Human Services. See Utah Code 63G-6a-2501
• Design professional: means :
       (24)(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act;
       (24)(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;
       (24)(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing Act, to engage in the practice of landscape architecture, as defined in Section 58-53-102; or
       (24)(d) 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
• Design professional procurement process: means the procurement process described in Part 15, Design Professional Services. See Utah Code 63G-6a-103
• Design professional services: means :
       (26)(a) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;
       (26)(b) professional engineering as defined in Section 58-22-102;
       (26)(c) master planning and programming services;
       (26)(d) professional services within the scope of the practice of landscape architecture, as defined in Section 58-53-102; or
       (26)(e) services within the scope of the practice of commercial interior design, as defined in Section 58-86-102. See Utah Code 63G-6a-103
• Design-build: means the procurement of design professional services and construction by the use of a single contract. See Utah Code 63G-6a-103
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
• Donor: The person who makes a gift.
• Educational procurement unit: means :
       (29)(a) a school district;
       (29)(b) a public school, including a local school board or a charter school;
       (29)(c) the Utah Schools for the Deaf and the Blind;
       (29)(d) the Utah Education and Telehealth Network;
       (29)(e) an institution of higher education of the state described in Section 53B-1-102; or
       (29)(f) the State Board of Education. See Utah Code 63G-6a-103
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
       (67)(a) a specific physical condition;
       (67)(b) a specific medical procedure;
       (67)(c) a specific disease or disorder; or
       (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
• 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
• Executive director: means the executive director of the department. See Utah Code 63G-6a-2501
• Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 63G-6a-103
• 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. See Utah Code 63G-6a-2402
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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:
       (33)(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
       (33)(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:
       (34)(a) is based on the consumer price index or another commercially acceptable index, source, or formula; and
       (34)(b) is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Fraud: Intentional deception resulting in injury to another.
• 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
• Group insurance policy: means a policy covering a group of persons that is issued:
            (79)(a)(i) to a policyholder on behalf of the group; and
            (79)(a)(ii) for the benefit of a member of the group who is selected under a procedure defined in:

                 (79)(a)(ii)(A) the policy; or

                 (79)(a)(ii)(B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
• Hearing: means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both. See Utah Code 63G-6a-1601.5
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Human services procurement item: means a procurement item used to provide services or support to a child, youth, adult, or family. See Utah Code 63G-6a-103
• Indefinite quantity contract: means a fixed price contract that:
       (38)(a) is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit; and
       (38)(b)

            (38)(b)(i) does not require a minimum purchase amount; or

            (38)(b)(ii) provides a maximum purchase limit. 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
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual: means a natural person. See Utah Code 31A-1-301
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• 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}
• Interlocal entity: means a separate political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 63G-6a-103
• Issuing procurement unit: means a procurement unit that:
       (42)(a) reviews a solicitation to verify that it is in proper form;
       (42)(b) causes the notice of a solicitation to be published; and
       (42)(c) negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103
• Judicial procurement unit: means :
       (43)(a) the Utah Supreme Court;
       (43)(b) the Utah Court of Appeals;
       (43)(c) the Judicial Council;
       (43)(d) a state judicial district; or
       (43)(e) an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Labor hour contract: is a contract under which:
       (44)(a) the supplies and materials are not provided by, or through, the contractor; and
       (44)(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
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• 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}
• Legislative procurement unit: means :
       (45)(a) the Legislature;
       (45)(b) the Senate;
       (45)(c) the House of Representatives;
       (45)(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
       (45)(e) a committee, subcommittee, commission, or other organization:

            (45)(e)(i) within the state legislative branch; or

            (45)(e)(ii)

                 (45)(e)(ii)(A) that is created by statute to advise or make recommendations to the Legislature;

                 (45)(e)(ii)(B) the membership of which includes legislators; and

                 (45)(e)(ii)(C) for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life insurance: means :
            (114)(a)(i) insurance on a human life; and
            (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local building authority: means the same as that term is defined in Section 17D-2-102. See Utah Code 63G-6a-103
• Local government procurement unit: means :
       (47)(a) a county, municipality, interlocal entity, or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:

            (47)(a)(i) the county or municipality adopts a procurement code by ordinance;

            (47)(a)(ii) the interlocal entity adopts procurement rules or policies as provided in Subsection 11-13-226(2); or

            (47)(a)(iii) the project entity adopts a procurement code through the process described in Section 11-13-316;
       (47)(b)

            (47)(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and

            (47)(b)(ii) a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or
       (47)(c) a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that:

            (47)(c)(i) a term in the ordinance is used in the adopted chapter; or

            (47)(c)(ii) a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• 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
• Municipality: means a city or town. See Utah Code 63G-6a-103
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• Nonadopting local government procurement unit: means :
       (51)(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, General Provisions Related to Protest or Appeal; and
       (51)(b) each office or agency of a county or municipality described in Subsection (51)(a). See Utah Code 63G-6a-103
• Nonparticipating: means a plan of insurance under which the insured is not entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• 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
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
• Preferred bidder: means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter. See Utah Code 63G-6a-103
• Premium: includes , however designated:
            (156)(b)(i) an assessment;
            (156)(b)(ii) a membership fee;
            (156)(b)(iii) a required contribution; or
            (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Procure: means to acquire a procurement item through a procurement. See Utah Code 63G-6a-103
• 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 :
       (57)(a) for a procurement unit other than an independent procurement unit, the chief procurement officer;
       (57)(b) for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;
       (57)(c) for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule;
       (57)(d) for a local government procurement unit:

            (57)(d)(i) the legislative body of the local government procurement unit; or

            (57)(d)(ii) an individual or body designated by the local government procurement unit;
       (57)(e) for a special district, the board of trustees of the special district or the board of trustees' designee;
       (57)(f) for a special service district, the governing body of the special service district or the governing body's designee;
       (57)(g) for a local building authority, the board of directors of the local building authority or the board of directors' designee;
       (57)(h) for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee;
       (57)(i) for a public corporation, the board of directors of the public corporation or the board of directors' designee;
       (57)(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;
       (57)(k) for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body;
       (57)(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;
       (57)(m) for the State Board of Education, the State Board of Education or the State Board of Education's designee;
       (57)(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education;
       (57)(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
       (57)(p)

            (57)(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;

            (57)(p)(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;

            (57)(p)(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;

            (57)(p)(iv) for the Department of Health and Human Services, and only to the extent of the procurement activities of the Department of Health and Human Services as an independent procurement unit, the executive director of the Department of Health and Human Services or the executive director's designee; or

            (57)(p)(v) 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
• producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• Professional service: means labor, effort, or work that requires specialized knowledge, expertise, and discretion, including labor, effort, or work in the field of:
       (59)(a) accounting;
       (59)(b) administrative law judge service;
       (59)(c) architecture;
       (59)(d) construction design and management;
       (59)(e) engineering;
       (59)(f) financial services;
       (59)(g) information technology;
       (59)(h) the law;
       (59)(i) medicine;
       (59)(j) psychiatry; or
       (59)(k) underwriting. See Utah Code 63G-6a-103
• Project entity: means the same as that term is defined in Section 11-13-103. See Utah Code 63G-6a-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protest appeal record: means :
       (3)(a) a copy of the protest officer's written decision;
       (3)(b) all documentation and other evidence the protest officer relied upon in reaching the protest officer's decision;
       (3)(c) the recording of the hearing, if the protest officer held a hearing;
       (3)(d) a copy of the protestor's written protest; and
       (3)(e) all documentation and other evidence submitted by the protestor supporting the protest or the protestor's claim of standing. See Utah Code 63G-6a-1601.5
• Protest appeal record: means the same as that term is defined in Section Utah Code 63G-6a-1701.5
• Protest officer: means :
       (61)(a) for the division or an independent procurement unit:

            (61)(a)(i) the procurement official;

            (61)(a)(ii) the procurement official's designee who is an employee of the procurement unit; or

            (61)(a)(iii) a person designated by rule made by the rulemaking authority; or
       (61)(b) for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103
• Protestor: means a person who files a protest under this part. See Utah Code 63G-6a-1601.5
• Protestor: means the same as that term is defined in Section Utah Code 63G-6a-1701.5
• Public corporation: means the same as that term is defined in Section 63E-1-102. 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
• Public facility: means a building, structure, infrastructure, improvement, or other facility of a public entity. See Utah Code 63G-6a-103
• Public funds: means money, regardless of its source, including from the federal government, that is owned or held by a procurement unit. See Utah Code 63G-6a-103
• Public transit district: means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act. See Utah Code 63G-6a-103
• Public-private partnership: means an arrangement or agreement, occurring on or after January 1, 2017, between a procurement unit and one or more contractors to provide for a public need through the development or operation of a project in which the contractor or contractors share with the procurement unit the responsibility or risk of developing, owning, maintaining, financing, or operating the project. See Utah Code 63G-6a-103
• Qualified vendor: means a vendor who:
       (68)(a) is responsible; and
       (68)(b) submits a responsive statement of qualifications under Section 63G-6a-410 that meets the minimum mandatory requirements, evaluation criteria, and any applicable score thresholds set forth in the request for statement of qualifications. See Utah Code 63G-6a-103
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means land and any building, fixture, improvement, appurtenance, structure, or other development that is permanently affixed to land. See Utah Code 63G-6a-103
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Request for information: means a nonbinding process through which a procurement unit requests information relating to a procurement item. 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 Part 7, Request for Proposals. See Utah Code 63G-6a-103
• Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103
• Requirements contract: means a contract:
       (74)(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
       (74)(b) that:

            (74)(b)(i) does not require a minimum purchase amount; or

            (74)(b)(ii) provides a maximum purchase limit. See Utah Code 63G-6a-103
• Responsible: means being capable, in all respects, of:
       (75)(a) meeting all the requirements of a solicitation; and
       (75)(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
• Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See 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 :
       (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
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Small purchase process: means the procurement process described in Section 63G-6a-506. See Utah Code 63G-6a-103
• Sole source contract: means a contract resulting from a sole source procurement. 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 :
       (84)(a) a bid submitted in response to an invitation for bids;
       (84)(b) a proposal submitted in response to a request for proposals; or
       (84)(c) a statement of qualifications submitted in response to a 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
• Specification: means any description of the physical or functional characteristics or of the nature of a procurement item included in an invitation for bids or a request for proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
       (87)(a) a requirement for inspecting or testing a procurement item; or
       (87)(b) preparing a procurement item for delivery. 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
• Standing: means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:
       (5)(a) the cause of the injury or harm is:

            (5)(a)(i) an infringement of the protestor's own right and not the right of another person who is not a party to the procurement;

            (5)(a)(ii) reasonably connected to the procurement unit's conduct; and

            (5)(a)(iii) the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;
       (5)(b) a decision on the protest in favor of the protestor:

            (5)(b)(i) is likely to redress the injury or harm; and

            (5)(b)(ii) would give the protestor a reasonable likelihood of being awarded a contract; and
       (5)(c) the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest. See Utah Code 63G-6a-1601.5
• 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
• State cooperative contract: means a contract awarded by the division for and in behalf of all public entities. See Utah Code 63G-6a-103
• Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Technology: means the same as "information technology" as defined in Section 63A-16-102. See Utah Code 63G-6a-103
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tie bid: means that the lowest responsive bids of responsible bidders are identical in price. See Utah Code 63G-6a-103
• Time and materials contract: means a contract under which the contractor is paid:
       (94)(a) the actual cost of direct labor at specified hourly rates;
       (94)(b) the actual cost of materials and equipment usage; and
       (94)(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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5