Utah Association of Special
Districts Procurement Training
April 29 and April 30 at
Central Utah Water Conservancy District
The Procurement Code revisions
resulting from Senate Bill 190
take effect on May 1, 2013
Application of the Procurement Code
 Every “procurement unit”, which includes:
 Various state divisions and educational units
 Local districts
 Special service districts
 Conservation districts
 Public transit districts
Reference: UCA 63G-6a-105(2)
Agenda Item No. 3
Utah Procurement Code
Part 1: General Procurement Provisions
Many important defined terms
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
(32)(a) “procure” or “procurement” means buying, purchasing,
renting, leasing, leasing with an option to purchase, or
otherwise acquiring a procurement item.
(32)(b) “procure” or “procurement” includes all functions that
pertain to the obtaining of a procurement item, including:
(i) description of requirements;
(ii) selection process;
(iii) solicitation of sources;
(iv) preparation for soliciting a procurement item;
(v) award of a contract; and
(vi) all phases of contract administration
(33)
“procurement item” means a supply, a service, construction, or
technology.
Reference: UCA 63G-6a-103(32) & (33)
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions

“Head of procurement unit” means:
 as it relates to a local district, the board of
trustees or a designee of the board of trustees
 as it relates to a special service district, the
governing board or a designee of the governing
board
 as it relates to a conservation district, the board of
supervisors or a designee of the board of
supervisors
Reference: UCA 63G-6a-103 (21)
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
(34) “Procurement officer” means:
(a) as it relates to a procurement unit with independent
procurement authority (local district, special service
district or conservation district):
(i) the head of the procurement unit (the governing
board)
(ii) a designee of the head (the board); or
(iii) a person designated by rule
(5) “Chief procurement officer” means the director of the State
Division of Purchasing (there is now only one Chief
Procurement Officer in the state – Kent Beers)
It is recommended that each district identify who the
procurement officer is in its policy.
Reference: UCA 63G-6a-103(34) & (5)
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
A local district, special service district or conservation
district fall within the following defined entities:
 Procurement unit
 Public entity
 Issuing procurement unit
 Procurement unit with independent procurement
authority
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
Many types of procurement contracts other than a firm fixed
price contract are defined, including:
(11) “Cost-plus-a-percentage-of-cost contract”
(14) “Definite quantity contract”
(18) “Fixed price contract”
(19) “Fixed price contract with price adjustment”
(22) “Indefinite quantity contract”
(26) “Labor hour contract”
(39) “Requirements contract”
(50) “Time and materials contract”
Authorized uses of these contract types, together with procurement officer
findings, will be presented later by Mark Anderson.
Reference: UCA 63G-6a-103(11) (14) (18) (19) (22) (26) (39) & (50)
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
(con’t.)
(46) “State cooperative contract” means a
contract awarded by the Division of
Purchasing and General Services.
This is an important type of contract available to
local districts, special service districts and
conservation districts. Districts can procure under a
state cooperative contract and know that the entire
procurement process has been followed.
Reference: UCA 63G-6a-103(46)
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
“Professional service” means a service that requires a high
degree of specialized knowledge and discretion, including:
 Legal services
 Consultation services
 Architectural services
 Engineering
 Design
 Underwriting
 Bond counsel
 Financial advice
 Construction management
Reference: UCA 63G-6a-103 (35)
Agenda Item No. 3
Part 1: General Procurement Provisions
(63G-6a-104) Definitions
Rulemaking Authority
 “Applicable rulemaking authority”, as it relates to a local district or a





special service district, means the board of trustees:
An applicable rulemaking authority must “initiate rulemaking
proceedings” by May 13, 2014 to comply with the new procurement code
(For districts, this means adopting policies).
After May 13, 2014, a district’s rules may describe an applicable
rulemaking authority other than the board of trustees.
There are many sections that include mandatory or optional rulemaking
obligations or authority for districts.
Adopting a policy will be an important effort for each district by May
2014.
District policies may be submitted to the Utah State Procurement Policy
Board for approval as complying with the revised Procurement Code.
Reference: UCA 63G-6a-104 (1)
Agenda Item No. 4
Part 1: General Procurement Provisions
(63G-6a-103) Definitions
(45) “Standard Procurement Process” means
one of the following methods of obtaining a
procurement item:
(a) bidding
(b) request for proposals
(c) small purchases
These methods will be described by Gene Shawcroft.
Reference: UCA 63G-6a-103(45)
Agenda Item No. 4
Part 4: General Procurement Provisions
63G-6a-402
A district may not obtain a procurement item
unless it uses a “standard procurement
process” described in Part 4 or “an exception
to a standard procurement process” described
in Part 8.
Reference: UCA 63G-6a-402(1)
Agenda Item No. 4
Part 8: Exceptions to Procurement Requirements
The following four procurement methods are available to
districts, under certain conditions described in Part 8, as
alternate approaches to use of a “standard procurement
process”:

Sole source procurement

Emergency procurement

Purchase of prison industry goods

Purchase from community rehabilitation programs