This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 10, 2021 at 10:33 AM by lpoole.




Chief Sponsor: Candice B. Pierucci

Senate Sponsor: Daniel McCay


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

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          [(1)] (2) Notwithstanding any other provision of this chapter and subject to Subsection
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.
54          [(2)] (3) A procurement unit conducting an emergency procurement under Subsection
55     [(1)] (2) shall:
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
62          [(b) after the emergency has abated, prepare a written document explaining the
63     emergency condition that necessitated the emergency procurement under Subsection (1).]
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→ [
Subsection (4)(b)] Subsections (4)(b), (5), and (6) ←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