- SCOPE OF PROCUREMENT POLICIES
This policy and the other policies in series CB, CC, and CD govern procurement by the District. “Procurement” means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring a “procurement item.” A “procurement item” includes a supply, a service, construction, or technology. The procurement process consists of all functions that pertain to the obtaining of a procurement item, including the description of requirements, the selection process, solicitation of sources, the preparation for soliciting a procurement item, and the award of a contract.
Utah Code § 63G-6a-103, (33) (2014)
Except as specified in the following paragraph or elsewhere in the procurement policies, the District’s procurement policies apply to every expenditure of public funds irrespective of the source of the funds, including federal assistance, by the District, under any contract.
Utah Code § 63G-6a-105(2)(a) (2013)
The District’s procurement policies and regulations do not apply to:
- The procurement of real property
Utah Code § 63G-6a-105(7) (2013), 63G-6a-1209(2) (2013)
- Employment contracts or collective bargaining agreements
Utah Code § 63G-6a-103(45)(b)(2014)
- Grants from the State or contracts with the State (except for policies relating to improper conduct)
Utah Code § 63G-6a-107(1)(b) (2014)
- Grants, gifts, or bequests: notwithstanding procurement policies, the District may comply with otherwise legal terms or conditions of a grant, gift, or bequest.
Utah Code § 63G-6a-107(2) (2014)
- Expenditure of funds administered under the Percent-for-Art Program (except of Policy CDD, which does apply to such expenditures)
Utah Code § 63G-6a-107(1)(a) (2014)
- INTENT TO COMPLY WITH OTHER LAWS AND REGULATIONS
It is the District’s intent and purpose to comply with the Utah Procurement Code (Title 63G, Chapter 6a of the Utah Code) and with such regulations as are promulgated by the Utah Procurement Policy Board, which is the applicable rulemaking authority for procurement by the District. To the extent that the District’s procurement policies conflict with either the Procurement Code or with applicable regulations, those code provisions or regulations shall govern.
Utah Code § 63G-6a-105(5), (6) (2013)
Utah Code § 63G-6a-104(1)(i) (2014)
Utah Code § 63G-6a-106 (2), (4) (2014)
Utah Code § 63G-6a-402(1)(a), (2) (2014)
Where the procurement involves expenditure of federal assistance, federal contract funds, local matching funds, or federal financial participation funds, the District shall comply with mandatory applicable federal law and regulations regardless of conflict with these Policies, state regulations, or the Utah Procurement Code.
Utah Code § 63G-6a-107 (4) (2014)
In addition to the definitions above or in other procurement policies, the following definitions apply to the District’s procurement policies:
“Contract” means an agreement for the procurement or disposal of a procurement item.
Utah Code § 63G-6a-103(9) (2014)
“Contractor” means a person who is awarded a contract with a procurement unit.
Utah Code § 63G-6a-103(10) (2014)
“Days” means calendar days, unless expressly provided otherwise.
Utah Code § 63G-6a-103(14) (2014)
“Grant” means furnishing, by a public entity or by any other public or private source, financial or other assistance to a person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product or procurement item; or a contract that is awarded as a result of a procurement or a procurement process.
Utah Code § 63G-6a-103(21) (2014)
“Procurement officer” means _________________________, or another person designated by the Board of Education, or such other person as is designated by rule of the Procurement Policy Board.
Utah Code § 63G-6a-103(35)(a) (2014)
“Public entity” means any government entity located in the state that expends public funds and any political subdivision of the state.
Utah Code § 63G-6a-104(16)(2014)
“Supplies” means all property, including equipment, materials, and printing.
Utah Code § 63G-6a-103(54) (2014)