63F-1-205. Approval of acquisitions of information technology.
(1) (a) Except as provided in Title 63M, Chapter 1, Part 26, Government Procurement
Private Proposal Program, in accordance with Subsection (2), the chief information officer shall
approve the acquisition by an executive branch agency of:
(i) information technology equipment;
(ii) telecommunications equipment;
(iii) software;
(iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
(v) data acquisition.
(b) The chief information officer may negotiate the purchase, lease, or rental of private or
public information technology or telecommunication services or facilities in accordance with this
section.
(c) Where practical, efficient, and economically beneficial, the chief information officer
shall use existing private and public information technology or telecommunication resources.
(2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
that exceeds the value established by the chief information officer by rule in accordance with
Section 63F-1-206, the chief information officer shall:
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
services and the ability of the proposed information technology or telecommunications services
or supplies to meet those needs; and
(b) for purchases, leases, or rentals not covered by an existing statewide contract, provide
in writing to the chief procurement officer in the Division of Purchasing and General Services
that:
(i) the analysis required in Subsection (2)(a) was completed; and
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
services, products, or supplies is practical, efficient, and economically beneficial to the state and
the executive branch agency or subscriber of services.
(3) In approving an acquisition described in Subsections (1) and (2), the chief
information officer shall:
(a) establish by administrative rule, in accordance with Section 63F-1-206, standards
under which an agency must obtain approval from the chief information officer before acquiring
the items listed in Subsections (1) and (2);
(b) for those acquisitions requiring approval, determine whether the acquisition is in
compliance with:
(i) the executive branch strategic plan;
(ii) the applicable agency information technology plan;
(iii) the budget for the executive branch agency or department as adopted by the
Legislature; and
(iv) Title 63G, Chapter 6, Utah Procurement Code; and
(c) in accordance with Section 63F-1-207, require coordination of acquisitions between
two or more executive branch agencies if it is in the best interests of the state.
(4) (a) Each executive branch agency shall provide the chief information officer with
complete access to all information technology records, documents, and reports:
(i) at the request of the chief information officer; and
(ii) related to the executive branch agency's acquisition of any item listed in Subsection
(1).
(b) Beginning July 1, 2006 and in accordance with administrative rules established by the
department under Section 63F-1-206, no new technology projects may be initiated by an
executive branch agency or the department unless the technology project is described in a formal
project plan and the business case analysis has been approved by the chief information officer
and agency head. The project plan and business case analysis required by this Subsection (4)
shall be in the form required by the chief information officer, and shall include:
(i) a statement of work to be done and existing work to be modified or displaced;
(ii) total cost of system development and conversion effort, including system analysis
and programming costs, establishment of master files, testing, documentation, special equipment
cost and all other costs, including overhead;
(iii) savings or added operating costs that will result after conversion;
(iv) other advantages or reasons that justify the work;
(v) source of funding of the work, including ongoing costs;
(vi) consistency with budget submissions and planning components of budgets; and
(vii) whether the work is within the scope of projects or initiatives envisioned when the
current fiscal year budget was approved.
(5) (a) The chief information officer and the Division of Purchasing and General
Services shall work cooperatively to establish procedures under which the chief information
officer shall monitor and approve acquisitions as provided in this section.
(b) The procedures established under this section shall include at least the written
certification required by Subsection 63G-6-204(8).
Amended by Chapter 352, 2008 General Session
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009