Utah § 11-13-226 - Competitive procurement -- Subject to state procurement code -- Exception.
Full text of Utah Utah Code § 11-13-226 — Competitive procurement -- Subject to state procurement code -- Exception., with citation guidance and answers to common questions.
§ 11-13-226. Competitive procurement -- Subject to state procurement code -- Exception.
Effective 5/1/2024 11-13-226.
Competitive procurement -- Subject to state procurement code -- Exception.
(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:
(a)
establish a procurement officer of the interlocal entity and define the duties of the procurement officer;
(b)
define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds;
(c)
address small purchases and establish small purchase thresholds and methods applicable to small purchases;
(d)
establish a procurement method that uses only objective criteria to award a contract to the lowest responsible bidder that submits a responsive bid;
(e)
establish a procurement method that allows subjective criteria to award a contract to the vendor that submits the highest scoring proposal, including:
(i)
a selection or evaluation committee of at least three individuals; and
(ii)
documented independent scoring by the selection or evaluation committee to determine best value;
(f)
establish a method to allow for the cancellation of a solicitation;
(g)
establish a method for creating a list of approved, qualified vendors;
(h)
establish a method to request information before initiating a procurement process;
(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;
(j)
establish a procurement appeals process;
(k)
establish documentation requirements applicable to procurements;
(l)
establish notice requirements relating to the interlocal entity's issuance of a solicitation;
(m)
require that a procurement be awarded based on the criteria included in a solicitation;
(n)
allow for a procurement from a single source under documented and properly noticed conditions;
(o)
allow for an emergency procurement under documented conditions;
(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);
(q)
limit the length of a contract, allowing for documented exceptions;
(r)
require that the total value of the contract over the entire contract period determines the procurement threshold;
(s)
prohibit dividing a procurement into multiple procurements to avoid an applicable procurement threshold;
(t)
prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement;
(u)
describe bond requirements for a construction contract; and
(v)
establish standard terms and conditions for a contract with the interlocal entity.
Section 11-13-226 ("Competitive procurement -- Subject to state procurement code -- Exception.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 11-13-226?
A common citation format is "Utah Code § 11-13-226" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 11-13-226 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
