§ 11-13-226 — Competitive procurement -- Subject to state procurement code -- Exception.

Utah § 11-13-226

• Jurisdiction: Utah
• Title 11: Cities, Counties, and Local Taxing Units
• Ch. 11-13: Interlocal Cooperation Act
• Part 11-13-2: Public Agencies' Joint Exercise of Powers

Text

(1) The governing board of each interlocal entity shall adopt rules or policies for the competitive public procurement of goods and services required for the operation of the interlocal entity.
(2) Subject to Section 11-13-316, an interlocal entity is subject to and shall comply with Title 63G, Chapter 6a, Utah Procurement Code, unless the board rules or policies adopted under Subsection (1) include provisions to:
(2)(a) establish a procurement officer of the interlocal entity and define the duties of the procurement officer;
(2)(b) define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds;
(2)(c) address small purchases and establish small purchase thresholds and methods applicable to small purchases;
(2)(d) establish a procurement method that uses only objective criteria to award a contract to the lowest responsible bidder that submits a responsive bid;
(2)(e) establish a procurement method that allows subjective criteria to award a contract to the vendor that submits the highest scoring proposal, including:
(2)(e)(i) a selection or evaluation committee of at least three individuals; and
(2)(e)(ii) documented independent scoring by the selection or evaluation committee to determine best value;
(2)(f) establish a method to allow for the cancellation of a solicitation;
(2)(g) establish a method for creating a list of approved, qualified vendors;
(2)(h) establish a method to request information before initiating a procurement process;
(2)(i) allow the purchase of a procurement item under a state cooperative contract, as defined in Section 63G-6a-103, or another government approved contract that results from a competitive process;
(2)(j) establish a procurement appeals process;
(2)(k) establish documentation requirements applicable to procurements;
(2)(l) establish notice requirements relating to the interlocal entity's issuance of a solicitation;
(2)(m) require that a procurement be awarded based on the criteria included in a solicitation;
(2)(n) allow for a procurement from a single source under documented and properly noticed conditions;
(2)(o) allow for an emergency procurement under documented conditions;
(2)(p) prohibit a cost-plus-percentage-of-cost contract and a cost-reimbursement contract, with exceptions similar to exceptions under Subsections 63G-6a-1205(5) and (6);
(2)(q) limit the length of a contract, allowing for documented exceptions;
(2)(r) require that the total value of the contract over the entire contract period determines the procurement threshold;
(2)(s) prohibit dividing a procurement into multiple procurements to avoid an applicable procurement threshold;
(2)(t) prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement;
(2)(u) describe bond requirements for a construction contract; and
(2)(v) establish standard terms and conditions for a contract with the interlocal entity.

Legislative History

Amended by Chapter 291, 2024 General Session