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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.
54 [
55 [
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 [
63
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 Subsection (4)(b), 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.