8 Brady Brammer
9 Walt Brooks
10 Steve R. Christiansen
11 Jennifer Dailey-Provost
12 Joel Ferry
13 Francis D. Gibson
A. Cory Maloy
Michael J. Petersen
Mark A. Strong
Jordan D. Teuscher
Norman K. Thurston
Christine F. Watkins
15 LONG TITLE
16 General Description:
17 This bill modifies provisions related to the public procurement of goods or services
18 during an emergency.
19 Highlighted Provisions:
20 This bill:
21 ▸ defines terms;
22 ▸ modifies reporting requirements related to an emergency procurement;
23 ▸ limits the term length of a contract entered into for an emergency procurement; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 63G-6a-803, as last amended by Laws of Utah 2020, Chapter 365
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63G-6a-803 is amended to read:
35 63G-6a-803. Emergency procurement.
36 (1) As used in this section, "natural disaster" means an event where:
37 (a) one or more of the following has caused widespread damage:
38 (i) an explosion;
39 (ii) fire;
40 (iii) a flood;
41 (iv) a storm;
42 (v) a tornado;
43 (vi) winds;
44 (vii) an earthquake;
45 (viii) lightning; or
46 (ix) other adverse weather event; and
47 (b) the president of the United States has declared an emergency or major disaster in
48 the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2,
49 Disaster Response and Recovery Act.
51 (4), a procurement official may authorize a procurement unit to engage in an emergency
52 procurement without using a standard procurement process if the procurement is necessary to:
53 (a) avoid a lapse in a critical government service;
54 (b) mitigate a circumstance that is likely to have a negative impact on public health,
55 safety, welfare, or property, including a natural disaster; or
56 (c) protect the legal interests of a public entity.
59 (a) ensure that the procurement is made with as much competition as reasonably
60 practicable while:
61 (i) avoiding a lapse in a critical government service;
62 (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property;
64 (iii) protecting the legal interests of a public entity; and
67 (b) make the following publicly available on the procurement unit's website within 14
68 days of the emergency procurement:
69 (i) a written document describing the specific emergency that necessitated the
70 emergency procurement;
71 (ii) the name of the highest ranking government official that approved the emergency
72 procurement; and
73 (iii) each written contract related to the emergency procurement.
74 (4) (a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract
75 entered into for an emergency procurement under this section may be no longer than 30 days.
76 (b) The term of a contract entered into for an emergency procurement under this
77 section related to a natural disaster may be no longer than 60 days.
78 (5) (a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do
79 not apply to an emergency procurement for legal services.
80 (b) A person hired through an emergency procurement to provide legal services may
81 not, under the contract entered into through the emergency procurement, hire or otherwise
82 provide remuneration to a consultant for services related to any topic that is not directly related
83 to the legal services for which the person was hired.
84 (6) The requirements described in Subsection (4) do not apply to an emergency
85 procurement by the Department of Human Services related to the:
86 (a) placement of a client with a residential service provider; or
87 (b) provision of medical services for a client.