This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 10, 2021 at 10:33 AM by lpoole.
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8 LONG TITLE
9 Committee Note:
10 The Economic Development and Workforce Services Interim Committee recommended
11 this bill.
12 Legislative Vote: 13 voting for 1 voting against 3 absent
13 General Description:
14 This bill modifies provisions related to the public procurement of goods or services
15 during an emergency.
16 Highlighted Provisions:
17 This bill:
18 ▸ defines terms;
19 ▸ modifies reporting requirements related to an emergency procurement;
20 ▸ limits the term length of a contract entered into for an emergency procurement; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 63G-6a-803, as last amended by Laws of Utah 2020, Chapter 365
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63G-6a-803 is amended to read:
32 63G-6a-803. Emergency procurement.
33 (1) As used in this section, "natural disaster" means an event where:
34 (a) one or more of the following has caused widespread damage:
35 (i) an explosion;
36 (ii) fire;
37 (iii) a flood;
38 (iv) a storm;
39 (v) a tornado;
40 (vi) winds;
41 (vii) an earthquake;
42 (viii) lightning; or
43 (ix) other adverse weather event; and
44 (b) the president of the United States has declared an emergency or major disaster in
45 the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2,
46 Disaster Response and Recovery Act.
47 [
48 (4), a procurement official may authorize a procurement unit to engage in an emergency
49 procurement without using a standard procurement process if the procurement is necessary to:
50 (a) avoid a lapse in a critical government service;
51 (b) mitigate a circumstance that is likely to have a negative impact on public health,
52 safety, welfare, or property, including a natural disaster; or
53 (c) protect the legal interests of a public entity.
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56 (a) ensure that the procurement is made with as much competition as reasonably
57 practicable while:
58 (i) avoiding a lapse in a critical government service;
59 (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property;
60 or
61 (iii) protecting the legal interests of a public entity; and
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64 (b) make the following publicly available on the procurement unit's website within 14
65 days of the emergency procurement:
66 (i) a written document describing the specific emergency that necessitated the
67 emergency procurement;
68 (ii) the name of the highest ranking government official that approved the emergency
69 procurement; and
70 (iii) each written contract related to the emergency procurement.
71 (4) (a) Except as provided in Ŝ→ [
71a the term of a contract entered into for
72 an emergency procurement under this section may be no longer than 30 days.
73 (b) The term of a contract entered into for an emergency procurement under this
74 section related to a natural disaster may be no longer than 60 days.
74a Ŝ→ (5) (a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do not
74b apply to an emergency procurement for legal services.
74c (b) A person hired through an emergency procurement to provide legal services may
74d not, under the contract entered into through the emergency procurement, hire or otherwise
74e provide remuneration to a consultant for services related to any topic that is not directly
74f related to the legal services for which the person was hired.
74g (6) The requirements described in Subsection (4) do not apply to an emergency
74h procurement by the Department of Human Services related to the:
74i (a) placement of a client with a residential service provider; or
74j (b) provision of medical services for a client. ←Ŝ