Representative Anthony E. Loubet proposes the following substitute bill:


1     
PROCUREMENT CODE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Anthony E. Loubet

5     
Senate Sponsor: Chris H. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Utah Procurement Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions applicable to the Utah Procurement Code;
13          ▸     exempts an interlocal entity from the procurement code if the interlocal entity
14     adopts a set of procurement rules or policies that meet certain requirements;
15          ▸     provides definitions relating to procurements by the Department of Health and
16     Human Services;
17          ▸     provides that the department is an independent procurement unit for certain human
18     services procurements;
19          ▸     exempts the department from the Utah Procurement Code for certain medical
20     supply purchases;
21          ▸     establishes requirements for a human services procurement by the department;
22          ▸     authorizes the executive director of the department to appoint a procurement
23     advisory council;
24          ▸     provides a process for the department to issue invitations for a human services
25     procurement item;

26          ▸     grants the department administrative rulemaking authority with respect to certain
27     department procurements; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          11-13-226, as enacted by Laws of Utah 2015, Chapter 265
36          63G-6a-103, as last amended by Laws of Utah 2023, Chapter 16
37          63G-6a-107.6, as last amended by Laws of Utah 2021, Chapter 179
38          63G-6a-107.7, as last amended by Laws of Utah 2023, Chapter 369
39          63G-6a-1702, as last amended by Laws of Utah 2017, Chapter 348
40     ENACTS:
41          63G-6a-2501, Utah Code Annotated 1953
42          63G-6a-2502, Utah Code Annotated 1953
43          63G-6a-2503, Utah Code Annotated 1953
44          63G-6a-2504, Utah Code Annotated 1953
45          63G-6a-2505, Utah Code Annotated 1953
46          63G-6a-2506, Utah Code Annotated 1953
47          63G-6a-2507, Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 11-13-226 is amended to read:
51          11-13-226. Competitive procurement -- Subject to state procurement code --
52     Exception.
53          (1) The governing board of each interlocal entity shall adopt rules or policies for the
54     competitive public procurement of goods and services required for the operation of the
55     interlocal entity.
56          (2) Subject to Section 11-13-316, an interlocal entity is subject to and shall comply

57     with Title 63G, Chapter 6a, Utah Procurement Code, unless the board rules or policies adopted
58     under Subsection (1) include provisions to:
59          (a) establish a procurement officer of the interlocal entity and define the duties of the
60     procurement officer;
61          (b) define the values of procurement thresholds used to determine the method of
62     procurement the interlocal entity will use based on those thresholds;
63          (c) address small purchases and establish small purchase thresholds and methods
64     applicable to small purchases;
65          (d) establish a procurement method that uses only objective criteria to award a contract
66     to the lowest responsible bidder that submits a responsive bid;
67          (e) establish a procurement method that allows subjective criteria to award a contract to
68     the vendor that submits the highest scoring proposal, including:
69          (i) a selection or evaluation committee of at least three individuals; and
70          (ii) documented independent scoring by the selection or evaluation committee to
71     determine best value;
72          (f) establish a method to allow for the cancellation of a solicitation;
73          (g) establish a method for creating a list of approved, qualified vendors;
74          (h) establish a method to request information before initiating a procurement process;
75          (i) allow the purchase of a procurement item under a state cooperative contract, as
76     defined in Section 63G-6a-103, or another government approved contract that results from a
77     competitive process;
78          (j) establish a procurement appeals process;
79          (k) establish documentation requirements applicable to procurements;
80          (l) establish notice requirements relating to the interlocal entity's issuance of a
81     solicitation;
82          (m) require that a procurement be awarded based on the criteria included in a
83     solicitation;
84          (n) allow for a procurement from a single source under documented and properly
85     noticed conditions;
86          (o) allow for an emergency procurement under documented conditions;
87          (p) prohibit a cost-plus-percentage-of-cost contract and a cost-reimbursement contract,

88     with exceptions similar to exceptions under Subsections 63G-6a-1205(5) and (6);
89          (q) limit the length of a contract, allowing for documented exceptions;
90          (r) require that the total value of the contract over the entire contract period determines
91     the procurement threshold;
92          (s) prohibit dividing a procurement into multiple procurements to avoid an applicable
93     procurement threshold;
94          (t) prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange
95     for favorable treatment on a procurement;
96          (u) describe bond requirements for a construction contract; and
97          (v) establish standard terms and conditions for a contract with the interlocal entity.
98          Section 2. Section 63G-6a-103 is amended to read:
99          63G-6a-103. Definitions.
100          As used in this chapter:
101          (1) "Approved vendor" means a person who has been approved for inclusion on an
102     approved vendor list through the approved vendor list process.
103          (2) "Approved vendor list" means a list of approved vendors established under Section
104     63G-6a-507.
105          (3) "Approved vendor list process" means the procurement process described in
106     Section 63G-6a-507.
107          (4) "Bidder" means a person who submits a bid or price quote in response to an
108     invitation for bids.
109          (5) "Bidding process" means the procurement process described in Part 6, Bidding.
110          (6) "Board" means the Utah State Procurement Policy Board, created in Section
111     63G-6a-202.
112          (7) "Change directive" means a written order signed by the procurement officer that
113     directs the contractor to suspend work or make changes, as authorized by contract, without the
114     consent of the contractor.
115          (8) "Change order" means a written alteration in specifications, delivery point, rate of
116     delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
117     agreement of the parties to the contract.
118          (9) "Chief procurement officer" means the individual appointed under Section

119     63A-2-102.
120          (10) "Conducting procurement unit" means a procurement unit that conducts all
121     aspects of a procurement:
122          (a) except:
123          (i) reviewing a solicitation to verify that it is in proper form; and
124          (ii) causing the publication of a notice of a solicitation; and
125          (b) including:
126          (i) preparing any solicitation document;
127          (ii) appointing an evaluation committee;
128          (iii) conducting the evaluation process, except the process relating to scores calculated
129     for costs of proposals;
130          (iv) selecting and recommending the person to be awarded a contract;
131          (v) negotiating the terms and conditions of a contract, subject to the issuing
132     procurement unit's approval; and
133          (vi) contract administration.
134          (11) "Conservation district" means the same as that term is defined in Section
135     17D-3-102.
136          (12) "Construction project":
137          (a) means a project for the construction, renovation, alteration, improvement, or repair
138     of a public facility on real property, including all services, labor, supplies, and materials for the
139     project; and
140          (b) does not include services and supplies for the routine, day-to-day operation, repair,
141     or maintenance of an existing public facility.
142          (13) "Construction manager/general contractor":
143          (a) means a contractor who enters into a contract:
144          (i) for the management of a construction project; and
145          (ii) that allows the contractor to subcontract for additional labor and materials that are
146     not included in the contractor's cost proposal submitted at the time of the procurement of the
147     contractor's services; and
148          (b) does not include a contractor whose only subcontract work not included in the
149     contractor's cost proposal submitted as part of the procurement of the contractor's services is to

150     meet subcontracted portions of change orders approved within the scope of the project.
151          (14) "Construction subcontractor":
152          (a) means a person under contract with a contractor or another subcontractor to provide
153     services or labor for the design or construction of a construction project;
154          (b) includes a general contractor or specialty contractor licensed or exempt from
155     licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
156          (c) does not include a supplier who provides only materials, equipment, or supplies to a
157     contractor or subcontractor for a construction project.
158          (15) "Contract" means an agreement for a procurement.
159          (16) "Contract administration" means all functions, duties, and responsibilities
160     associated with managing, overseeing, and carrying out a contract between a procurement unit
161     and a contractor, including:
162          (a) implementing the contract;
163          (b) ensuring compliance with the contract terms and conditions by the conducting
164     procurement unit and the contractor;
165          (c) executing change orders;
166          (d) processing contract amendments;
167          (e) resolving, to the extent practicable, contract disputes;
168          (f) curing contract errors and deficiencies;
169          (g) terminating a contract;
170          (h) measuring or evaluating completed work and contractor performance;
171          (i) computing payments under the contract; and
172          (j) closing out a contract.
173          (17) "Contractor" means a person who is awarded a contract with a procurement unit.
174          (18) "Cooperative procurement" means procurement conducted by, or on behalf of:
175          (a) more than one procurement unit; or
176          (b) a procurement unit and a cooperative purchasing organization.
177          (19) "Cooperative purchasing organization" means an organization, association, or
178     alliance of purchasers established to combine purchasing power in order to obtain the best
179     value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
180          (20) "Cost-plus-a-percentage-of-cost contract" means a contract under which the

181     contractor is paid a percentage of the total actual expenses or costs in addition to the
182     contractor's actual expenses or costs.
183          (21) "Cost-reimbursement contract" means a contract under which a contractor is
184     reimbursed for costs which are allowed and allocated in accordance with the contract terms and
185     the provisions of this chapter, and a fee, if any.
186          (22) "Days" means calendar days, unless expressly provided otherwise.
187          (23) "Definite quantity contract" means a fixed price contract that provides for a
188     specified amount of supplies over a specified period, with deliveries scheduled according to a
189     specified schedule.
190          (24) "Design professional" means:
191          (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
192     Licensing Act;
193          (b) an individual licensed as a professional engineer or professional land surveyor
194     under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
195     Act; or
196          (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
197     State Certification of Commercial Interior Designers Act.
198          (25) "Design professional procurement process" means the procurement process
199     described in Part 15, Design Professional Services.
200          (26) "Design professional services" means:
201          (a) professional services within the scope of the practice of architecture as defined in
202     Section 58-3a-102;
203          (b) professional engineering as defined in Section 58-22-102;
204          (c) master planning and programming services; or
205          (d) services within the scope of the practice of commercial interior design, as defined
206     in Section 58-86-102.
207          (27) "Design-build" means the procurement of design professional services and
208     construction by the use of a single contract.
209          (28) "Division" means the Division of Purchasing and General Services, created in
210     Section 63A-2-101.
211          (29) "Educational procurement unit" means:

212          (a) a school district;
213          (b) a public school, including a local school board or a charter school;
214          (c) the Utah Schools for the Deaf and the Blind;
215          (d) the Utah Education and Telehealth Network;
216          (e) an institution of higher education of the state described in Section 53B-1-102; or
217          (f) the State Board of Education.
218          (30) "Established catalogue price" means the price included in a catalogue, price list,
219     schedule, or other form that:
220          (a) is regularly maintained by a manufacturer or contractor;
221          (b) is published or otherwise available for inspection by customers; and
222          (c) states prices at which sales are currently or were last made to a significant number
223     of any category of buyers or buyers constituting the general buying public for the supplies or
224     services involved.
225          (31) (a) "Executive branch procurement unit" means a department, division, office,
226     bureau, agency, or other organization within the state executive branch.
227          (b) "Executive branch procurement unit" does not include the Colorado River
228     Authority of Utah as provided in Section 63M-14-210.
229          (32) "Facilities division" means the Division of Facilities Construction and
230     Management, created in Section 63A-5b-301.
231          (33) "Fixed price contract" means a contract that provides a price, for each
232     procurement item obtained under the contract, that is not subject to adjustment except to the
233     extent that:
234          (a) the contract provides, under circumstances specified in the contract, for an
235     adjustment in price that is not based on cost to the contractor; or
236          (b) an adjustment is required by law.
237          (34) "Fixed price contract with price adjustment" means a fixed price contract that
238     provides for an upward or downward revision of price, precisely described in the contract, that:
239          (a) is based on the consumer price index or another commercially acceptable index,
240     source, or formula; and
241          (b) is not based on a percentage of the cost to the contractor.
242          (35) "Grant" means an expenditure of public funds or other assistance, or an agreement

243     to expend public funds or other assistance, for a public purpose authorized by law, without
244     acquiring a procurement item in exchange.
245          (36) "Human services procurement item" means a procurement item used to provide
246     services or support to a child, youth, adult, or family.
247          [(36)] (37) "Immaterial error":
248          (a) means an irregularity or abnormality that is:
249          (i) a matter of form that does not affect substance; or
250          (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
251     or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
252          (b) includes:
253          (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
254     professional license, bond, or insurance certificate;
255          (ii) a typographical error;
256          (iii) an error resulting from an inaccuracy or omission in the solicitation; and
257          (iv) any other error that the procurement official reasonably considers to be immaterial.
258          [(37)] (38) "Indefinite quantity contract" means a fixed price contract that:
259          (a) is for an indefinite amount of procurement items to be supplied as ordered by a
260     procurement unit; and
261          (b) (i) does not require a minimum purchase amount; or
262          (ii) provides a maximum purchase limit.
263          [(38)] (39) "Independent procurement unit" means:
264          (a) (i) a legislative procurement unit;
265          (ii) a judicial branch procurement unit;
266          (iii) an educational procurement unit;
267          (iv) a local government procurement unit;
268          (v) a conservation district;
269          (vi) a local building authority;
270          (vii) a special district;
271          (viii) a public corporation;
272          (ix) a special service district; or
273          (x) the Utah Communications Authority, established in Section 63H-7a-201;

274          (b) the facilities division, but only to the extent of the procurement authority provided
275     under Title 63A, Chapter 5b, Administration of State Facilities;
276          (c) the attorney general, but only to the extent of the procurement authority provided
277     under Title 67, Chapter 5, Attorney General;
278          (d) the Department of Transportation, but only to the extent of the procurement
279     authority provided under Title 72, Transportation Code; [or]
280          (e) the Department of Health and Human Services, but only for the procurement of a
281     human services procurement item; or
282          [(e)] (f) any other executive branch department, division, office, or entity that has
283     statutory procurement authority outside this chapter, but only to the extent of that statutory
284     procurement authority.
285          (40) (a) "Interlocal entity" means a separate political subdivision created under Title
286     11, Chapter 13, Interlocal Cooperation Act.
287          (b) "Interlocal entity" does not include a project entity.
288          [(39)] (41) "Invitation for bids":
289          (a) means a document used to solicit:
290          (i) bids to provide a procurement item to a procurement unit; or
291          (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
292          (b) includes all documents attached to or incorporated by reference in a document
293     described in Subsection [(39)(a)] (41(a).
294          [(40)] (42) "Issuing procurement unit" means a procurement unit that:
295          (a) reviews a solicitation to verify that it is in proper form;
296          (b) causes the notice of a solicitation to be published; and
297          (c) negotiates and approves the terms and conditions of a contract.
298          [(41)] (43) "Judicial procurement unit" means:
299          (a) the Utah Supreme Court;
300          (b) the Utah Court of Appeals;
301          (c) the Judicial Council;
302          (d) a state judicial district; or
303          (e) an office, committee, subcommittee, or other organization within the state judicial
304     branch.

305          [(42)] (44) "Labor hour contract" is a contract under which:
306          (a) the supplies and materials are not provided by, or through, the contractor; and
307          (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
308     profit for a specified number of labor hours or days.
309          [(43)] (45) "Legislative procurement unit" means:
310          (a) the Legislature;
311          (b) the Senate;
312          (c) the House of Representatives;
313          (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
314          (e) a committee, subcommittee, commission, or other organization:
315          (i) within the state legislative branch; or
316          (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
317          (B) the membership of which includes legislators; and
318          (C) for which the Office of Legislative Research and General Counsel provides staff
319     support.
320          [(44)] (46) "Local building authority" means the same as that term is defined in Section
321     17D-2-102.
322          [(45)] (47) "Local government procurement unit" means:
323          (a) a county, municipality, [or] interlocal entity, or project entity, and each office of the
324     county, municipality, interlocal entity, or project entity, unless:
325          (i) the county or municipality adopts a procurement code by ordinance; [or]
326          (ii) the interlocal entity adopts procurement rules or policies as provided in Subsection
327     11-13-226(2); or
328          [(ii)] (iii) the project entity adopts a procurement code through the process described in
329     Section 11-13-316;
330          (b) (i) a county or municipality that has adopted this entire chapter by ordinance, and
331     each office or agency of that county or municipality; and
332          (ii) a project entity that has adopted this entire chapter through the process described in
333     Subsection 11-13-316; or
334          (c) a county, municipality, or project entity, and each office of the county, municipality,
335     or project entity that has adopted a portion of this chapter to the extent that:

336          (i) a term in the ordinance is used in the adopted chapter; or
337          (ii) a term in the ordinance is used in the language a project entity adopts in its
338     procurement code through the process described in Section 11-13-316.
339          [(46)] (48) "Multiple award contracts" means the award of a contract for an indefinite
340     quantity of a procurement item to more than one person.
341          [(47)] (49) "Multiyear contract" means a contract that extends beyond a one-year
342     period, including a contract that permits renewal of the contract, without competition, beyond
343     the first year of the contract.
344          [(48)] (50) "Municipality" means a city, town, or metro township.
345          [(49)] (51) "Nonadopting local government procurement unit" means:
346          (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
347     Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
348     General Provisions Related to Protest or Appeal; and
349          (b) each office or agency of a county or municipality described in Subsection [(49)(a)]
350     (51)(a).
351          [(50)] (52) "Offeror" means a person who submits a proposal in response to a request
352     for proposals.
353          [(51)] (53) "Preferred bidder" means a bidder that is entitled to receive a reciprocal
354     preference under the requirements of this chapter.
355          [(52)] (54) "Procure" means to acquire a procurement item through a procurement.
356          [(53)] (55) "Procurement" means the acquisition of a procurement item through an
357     expenditure of public funds, or an agreement to expend public funds, including an acquisition
358     through a public-private partnership.
359          [(54)] (56) "Procurement item" means an item of personal property, a technology, a
360     service, or a construction project.
361          [(55)] (57) "Procurement official" means:
362          (a) for a procurement unit other than an independent procurement unit, the chief
363     procurement officer;
364          (b) for a legislative procurement unit, the individual, individuals, or body designated in
365     a policy adopted by the Legislative Management Committee;
366          (c) for a judicial procurement unit, the Judicial Council or an individual or body

367     designated by the Judicial Council by rule;
368          (d) for a local government procurement unit:
369          (i) the legislative body of the local government procurement unit; or
370          (ii) an individual or body designated by the local government procurement unit;
371          (e) for a special district, the board of trustees of the special district or the board of
372     trustees' designee;
373          (f) for a special service district, the governing body of the special service district or the
374     governing body's designee;
375          (g) for a local building authority, the board of directors of the local building authority
376     or the board of directors' designee;
377          (h) for a conservation district, the board of supervisors of the conservation district or
378     the board of supervisors' designee;
379          (i) for a public corporation, the board of directors of the public corporation or the board
380     of directors' designee;
381          (j) for a school district or any school or entity within a school district, the board of the
382     school district or the board's designee;
383          (k) for a charter school, the individual or body with executive authority over the charter
384     school or the designee of the individual or body;
385          (l) for an institution of higher education described in Section 53B-2-101, the president
386     of the institution of higher education or the president's designee;
387          (m) for the State Board of Education, the State Board of Education or the State Board
388     of Education's designee;
389          (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
390     the designee of the Commissioner of Higher Education;
391          (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
392     executive director of the Utah Communications Authority or the executive director's designee;
393     or
394          (p) (i) for the facilities division, and only to the extent of procurement activities of the
395     facilities division as an independent procurement unit under the procurement authority
396     provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
397     facilities division or the director's designee;

398          (ii) for the attorney general, and only to the extent of procurement activities of the
399     attorney general as an independent procurement unit under the procurement authority provided
400     under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
401     designee;
402          (iii) for the Department of Transportation created in Section 72-1-201, and only to the
403     extent of procurement activities of the Department of Transportation as an independent
404     procurement unit under the procurement authority provided under Title 72, Transportation
405     Code, the executive director of the Department of Transportation or the executive director's
406     designee; [or]
407          (iv) for the Department of Health and Human Services, and only to the extent of the
408     procurement activities of the Department of Health and Human Services as an independent
409     procurement unit, the executive director of the Department of Health and Human Services or
410     the executive director's designee;
411          [(iv)] (v) for any other executive branch department, division, office, or entity that has
412     statutory procurement authority outside this chapter, and only to the extent of the procurement
413     activities of the department, division, office, or entity as an independent procurement unit
414     under the procurement authority provided outside this chapter for the department, division,
415     office, or entity, the chief executive officer of the department, division, office, or entity or the
416     chief executive officer's designee.
417          [(56)] (58) "Procurement unit"[:]
418          [(a)] means:
419          [(i)] (a) a legislative procurement unit;
420          [(ii)] (b) an executive branch procurement unit;
421          [(iii)] (c) a judicial procurement unit;
422          [(iv)] (d) an educational procurement unit;
423          [(v)] (e) the Utah Communications Authority, established in Section 63H-7a-201;
424          [(vi)] (f) a local government procurement unit;
425          [(vii)] (g) a special district;
426          [(viii)] (h) a special service district;
427          [(ix)] (i) a local building authority;
428          [(x)] (j) a conservation district; [and] or

429          [(xi)] (k) a public corporation[; and].
430          [(b) except for a project entity, to the extent that a project entity is subject to this
431     chapter as described in Section 11-13-316, does not include a political subdivision created
432     under Title 11, Chapter 13, Interlocal Cooperation Act.]
433          [(57)] (59) "Professional service" means labor, effort, or work that requires specialized
434     knowledge, expertise, and discretion, including labor, effort, or work in the field of:
435          (a) accounting;
436          (b) administrative law judge service;
437          (c) architecture;
438          (d) construction design and management;
439          (e) engineering;
440          (f) financial services;
441          (g) information technology;
442          (h) the law;
443          (i) medicine;
444          (j) psychiatry; or
445          (k) underwriting.
446          (60) "Project entity" means the same as that term is defined in Section 11-13-103.
447          [(58)] (61) "Protest officer" means:
448          (a) for the division or an independent procurement unit:
449          (i) the procurement official;
450          (ii) the procurement official's designee who is an employee of the procurement unit; or
451          (iii) a person designated by rule made by the rulemaking authority; or
452          (b) for a procurement unit other than an independent procurement unit, the chief
453     procurement officer or the chief procurement officer's designee who is an employee of the
454     division .
455          [(59)] (62) "Public corporation" means the same as that term is defined in Section
456     63E-1-102.
457          [(60) "Project entity" means the same as that term is defined in Section 11-13-103.]
458          [(61)] (63) "Public entity" means the state or any other government entity within the
459     state that expends public funds.

460          [(62)] (64) "Public facility" means a building, structure, infrastructure, improvement,
461     or other facility of a public entity.
462          [(63)] (65) "Public funds" means money, regardless of its source, including from the
463     federal government, that is owned or held by a procurement unit.
464          [(64)] (66) "Public transit district" means a public transit district organized under Title
465     17B, Chapter 2a, Part 8, Public Transit District Act.
466          [(65)] (67) "Public-private partnership" means an arrangement or agreement, occurring
467     on or after January 1, 2017, between a procurement unit and one or more contractors to provide
468     for a public need through the development or operation of a project in which the contractor or
469     contractors share with the procurement unit the responsibility or risk of developing, owning,
470     maintaining, financing, or operating the project.
471          [(66)] (68) "Qualified vendor" means a vendor who:
472          (a) is responsible; and
473          (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
474     meets the minimum mandatory requirements, evaluation criteria, and any applicable score
475     thresholds set forth in the request for statement of qualifications.
476          [(67)] (69) "Real property" means land and any building, fixture, improvement,
477     appurtenance, structure, or other development that is permanently affixed to land.
478          [(68)] (70) "Request for information" means a nonbinding process through which a
479     procurement unit requests information relating to a procurement item.
480          [(69)] (71) "Request for proposals" means a document used to solicit proposals to
481     provide a procurement item to a procurement unit, including all other documents that are
482     attached to that document or incorporated in that document by reference.
483          [(70)] (72) "Request for proposals process" means the procurement process described
484     in Part 7, Request for Proposals.
485          [(71)] (73) "Request for statement of qualifications" means a document used to solicit
486     information about the qualifications of a person interested in responding to a potential
487     procurement, including all other documents attached to that document or incorporated in that
488     document by reference.
489          [(72)] (74) "Requirements contract" means a contract:
490          (a) under which a contractor agrees to provide a procurement unit's entire requirements

491     for certain procurement items at prices specified in the contract during the contract period; and
492          (b) that:
493          (i) does not require a minimum purchase amount; or
494          (ii) provides a maximum purchase limit.
495          [(73)] (75) "Responsible" means being capable, in all respects, of:
496          (a) meeting all the requirements of a solicitation; and
497          (b) fully performing all the requirements of the contract resulting from the solicitation,
498     including being financially solvent with sufficient financial resources to perform the contract.
499          [(74)] (76) "Responsive" means conforming in all material respects to the requirements
500     of a solicitation.
501          [(75)] (77) "Rule" includes a policy or regulation adopted by the rulemaking authority,
502     if adopting a policy or regulation is the method the rulemaking authority uses to adopt
503     provisions that govern the applicable procurement unit.
504          [(76)] (78) "Rulemaking authority" means:
505          (a) for a legislative procurement unit, the Legislative Management Committee;
506          (b) for a judicial procurement unit, the Judicial Council;
507          (c) (i) only to the extent of the procurement authority expressly granted to the
508     procurement unit by statute:
509          (A) for the facilities division, the facilities division;
510          (B) for the Office of the Attorney General, the attorney general;
511          (C) for the Department of Transportation created in Section 72-1-201, the executive
512     director of the Department of Transportation; [and]
513          (D) for the Department of Health and Human Services, the executive director of the
514     Department of Health and Human Services; and
515          [(D)] (E) for any other executive branch department, division, office, or entity that has
516     statutory procurement authority outside this chapter, the governing authority of the department,
517     division, office, or entity; and
518          (ii) for each other executive branch procurement unit, the board;
519          (d) for a local government procurement unit:
520          (i) the governing body of the local government unit; or
521          (ii) an individual or body designated by the local government procurement unit;

522          (e) for a school district or a public school, the board, except to the extent of a school
523     district's own nonadministrative rules that do not conflict with the provisions of this chapter;
524          (f) for a state institution of higher education, the Utah Board of Higher Education;
525          (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
526     State Board of Education;
527          (h) for a public transit district, the chief executive of the public transit district;
528          (i) for a special district other than a public transit district or for a special service
529     district, the board, except to the extent that the board of trustees of the special district or the
530     governing body of the special service district makes its own rules:
531          (i) with respect to a subject addressed by board rules; or
532          (ii) that are in addition to board rules;
533          (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
534     Board of Higher Education;
535          (k) for the School and Institutional Trust Lands Administration, created in Section
536     53C-1-201, the School and Institutional Trust Lands Board of Trustees;
537          (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
538     the School and Institutional Trust Fund Board of Trustees;
539          (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
540     Utah Communications Authority board, created in Section 63H-7a-203; or
541          (n) for any other procurement unit, the board.
542          [(77)] (79) "Service":
543          (a) means labor, effort, or work to produce a result that is beneficial to a procurement
544     unit;
545          (b) includes a professional service; and
546          (c) does not include labor, effort, or work provided under an employment agreement or
547     a collective bargaining agreement.
548          [(78)] (80) "Small purchase process" means the procurement process described in
549     Section 63G-6a-506.
550          [(79)] (81) "Sole source contract" means a contract resulting from a sole source
551     procurement.
552          [(80)] (82) "Sole source procurement" means a procurement without competition

553     pursuant to a determination under Subsection 63G-6a-802(1)(a) that there is only one source
554     for the procurement item.
555          [(81)] (83) "Solicitation" means an invitation for bids, request for proposals, or request
556     for statement of qualifications.
557          [(82)] (84) "Solicitation response" means:
558          (a) a bid submitted in response to an invitation for bids;
559          (b) a proposal submitted in response to a request for proposals; or
560          (c) a statement of qualifications submitted in response to a request for statement of
561     qualifications.
562          [(83)] (85) "Special district" means the same as that term is defined in Section
563     17B-1-102.
564          [(84)] (86) "Special service district" means the same as that term is defined in Section
565     17D-1-102.
566          [(85)] (87) "Specification" means any description of the physical or functional
567     characteristics or of the nature of a procurement item included in an invitation for bids or a
568     request for proposals, or otherwise specified or agreed to by a procurement unit, including a
569     description of:
570          (a) a requirement for inspecting or testing a procurement item; or
571          (b) preparing a procurement item for delivery.
572          [(86)] (88) "Standard procurement process" means:
573          (a) the bidding process;
574          (b) the request for proposals process;
575          (c) the approved vendor list process;
576          (d) the small purchase process; or
577          (e) the design professional procurement process.
578          [(87)] (89) "State cooperative contract" means a contract awarded by the division for
579     and in behalf of all public entities.
580          [(88)] (90) "Statement of qualifications" means a written statement submitted to a
581     procurement unit in response to a request for statement of qualifications.
582          [(89)] (91) "Subcontractor":
583          (a) means a person under contract to perform part of a contractual obligation under the

584     control of the contractor, whether the person's contract is with the contractor directly or with
585     another person who is under contract to perform part of a contractual obligation under the
586     control of the contractor; and
587          (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
588     to a contractor.
589          [(90)] (92) "Technology" means the same as "information technology," as defined in
590     Section 63A-16-102.
591          [(91)] (93) "Tie bid" means that the lowest responsive bids of responsible bidders are
592     identical in price.
593          [(92)] (94) "Time and materials contract" means a contract under which the contractor
594     is paid:
595          (a) the actual cost of direct labor at specified hourly rates;
596          (b) the actual cost of materials and equipment usage; and
597          (c) an additional amount, expressly described in the contract, to cover overhead and
598     profit, that is not based on a percentage of the cost to the contractor.
599          [(93)] (95) "Transitional costs":
600          (a) means the costs of changing:
601          (i) from an existing provider of a procurement item to another provider of that
602     procurement item; or
603          (ii) from an existing type of procurement item to another type;
604          (b) includes:
605          (i) training costs;
606          (ii) conversion costs;
607          (iii) compatibility costs;
608          (iv) costs associated with system downtime;
609          (v) disruption of service costs;
610          (vi) staff time necessary to implement the change;
611          (vii) installation costs; and
612          (viii) ancillary software, hardware, equipment, or construction costs; and
613          (c) does not include:
614          (i) the costs of preparing for or engaging in a procurement process; or

615          (ii) contract negotiation or drafting costs.
616          [(94)] (96) "Vendor":
617          (a) means a person who is seeking to enter into a contract with a procurement unit to
618     provide a procurement item; and
619          (b) includes:
620          (i) a bidder;
621          (ii) an offeror;
622          (iii) an approved vendor;
623          (iv) a design professional; and
624          (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
625          Section 3. Section 63G-6a-107.6 is amended to read:
626          63G-6a-107.6. Exemptions from chapter.
627          (1) Except for this Subsection (1), the provisions of this chapter do not apply to:
628          (a) a public entity's acquisition of a procurement item from another public entity; or
629          (b) a public entity that is not a procurement unit, including the Colorado River
630     Authority of Utah as provided in Section 63M-14-210.
631          (2) Unless otherwise provided by statute and except for this Subsection (2), the
632     provisions of this chapter do not apply to the acquisition or disposal of real property or an
633     interest in real property.
634          (3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the
635     provisions of this chapter do not apply to:
636          (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
637     Act;
638          (b) a grant;
639          (c) medical supplies or medical equipment, including service agreements for medical
640     equipment, obtained by the University of Utah Hospital or the Department of Health and
641     Human Services through a purchasing consortium if:
642          (i) the consortium uses a competitive procurement process; and
643          (ii) the chief administrative officer of the hospital or the executive director of the
644     Department of Health and Human Services, as the case may be, makes a written finding that
645     the prices for purchasing medical supplies and medical equipment through the consortium are

646     competitive with market prices;
647          (d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
648     and State Lands, created in Section 65A-1-4, through the federal General Services
649     Administration or the National Fire Cache system;
650          (e) supplies purchased for resale to the public; or
651          (f) activities related to the management of investments by a public entity granted
652     investment authority by law.
653          (4) This chapter does not supersede the requirements for retention or withholding of
654     construction proceeds and release of construction proceeds as provided in Section 13-8-5.
655          (5) Except for this Subsection (5), the provisions of this chapter do not apply to a
656     procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in
657     the procurement unit's dispute resolution efforts.
658          Section 4. Section 63G-6a-107.7 is amended to read:
659          63G-6a-107.7. Procurement rules.
660          (1) (a) Subject to Subsection (1)(b), the rulemaking authority for a procurement unit
661     shall make rules relating to the management and control of procurements and procurement
662     procedures by the procurement unit.
663          (b) Facilities division rules governing procurement of construction projects, design
664     professional services, and leases apply to the procurement of construction projects, design
665     professional services, and leases of real property, respectively, by the facilities division.
666          (2) A rulemaking authority may not adopt rules, policies, or regulations that are
667     inconsistent with this chapter.
668          (3) An individual or body that makes rules as required or authorized in this chapter
669     shall make the rules:
670          (a) in accordance with Chapter 3, Utah Administrative Rulemaking Act, if the
671     individual or body is subject to Chapter 3, Utah Administrative Rulemaking Act; or
672          (b) in accordance with the established process for making rules or their equivalent, if
673     the individual or body is not subject to Chapter 3, Utah Administrative Rulemaking Act.
674          (4) The rules of the rulemaking authority for the executive branch procurement unit
675     shall require, for each contract and request for proposals, the inclusion of a clause that requires
676     the issuing procurement unit, for the duration of the contract, to make available contact

677     information of the winning contractor to the Department of Workforce Services in accordance
678     with Section 35A-2-203. This requirement does not preclude a contractor from advertising job
679     openings in other forums throughout the state.
680          (5) The Department of Transportation may make rules governing the procurement of a
681     highway construction project or highway improvement project.
682          (6) The rulemaking authority for a public transit district may make rules governing the
683     procurement of a transit construction project or a transit improvement project.
684          (7) The Department of Health and Human Services may make rules governing the
685     procurement of a human services procurement item.
686          Section 5. Section 63G-6a-1702 is amended to read:
687          63G-6a-1702. Appeal to Utah State Procurement Policy Board -- Appointment of
688     procurement appeals panel -- Proceedings.
689          (1) [This] Subject to Section 63G-6a-2507, this part applies to all procurement units
690     other than:
691          (a) a legislative procurement unit;
692          (b) a judicial procurement unit;
693          (c) a nonadopting local government procurement unit; or
694          (d) a public transit district.
695          (2) (a) Subject to Section 63G-6a-1703, a protestor may appeal to the board a protest
696     decision of a procurement unit that is subject to this part by filing a written notice of appeal
697     with the chair of the board within seven days after:
698          (i) the day on which the written decision described in Section 63G-6a-1603 is:
699          (A) personally served on the party or the party's representative; or
700          (B) emailed or mailed to the address or email address provided by the party under
701     Subsection 63G-6a-1602(4); or
702          (ii) the day on which the 30-day period described in Subsection 63G-6a-1603(9) ends,
703     if a written decision is not issued before the end of the 30-day period.
704          (b) A notice of appeal under Subsection (2)(a) shall:
705          (i) include the address of record and email address of record of the party filing the
706     notice of appeal; and
707          (ii) be accompanied by a copy of any written protest decision.

708          (c) The deadline for appealing a protest decision may not be modified.
709          (3) A person may not base an appeal of a protest under this section on:
710          (a) a ground not specified in the person's protest under Section 63G-6a-1602; or
711          (b) new or additional evidence not considered by the protest officer.
712          (4) (a) A person may not appeal from a protest described in Section 63G-6a-1602,
713     unless:
714          (i) a decision on the protest has been issued; or
715          (ii) a decision is not issued and the 30-day period described in Subsection
716     63G-6a-1603(9), or a longer period agreed to by the parties, has passed.
717          (b) A procurement unit may not appeal a protest decision or other determination made
718     by the procurement unit's protest officer.
719          (5) (a) Within seven days after the chair of the board receives a written notice of an
720     appeal under this section, the chair shall submit a written request to the protest officer for the
721     protest appeal record.
722          (b) Within seven days after the chair receives the protest appeal record from the protest
723     officer, the appointing officer shall, in consultation with the attorney general's office:
724          (i) review the appeal to determine whether the appeal complies with the requirements
725     of Subsections (2), (3), and (4) and Section 63G-6a-1703; and
726          (ii) (A) dismiss any claim asserted in the appeal, or dismiss the appeal, without holding
727     a hearing if the appointing officer determines that the claim or appeal, respectively, fails to
728     comply with any of the requirements listed in Subsection (5)(b)(i); or
729          (B) appoint a procurement appeals panel to conduct an administrative review of any
730     claim in the appeal that has not been dismissed under Subsection (5)(b)(ii)(A), if the appointing
731     officer determines that one or more claims asserted in the appeal comply with the requirements
732     listed in Subsection (5)(b)(i).
733          (c) A procurement appeals panel appointed under Subsection (5)(a) shall consist of an
734     odd number of at least three individuals, each of whom is:
735          (i) a member of the board; or
736          (ii) a designee of a member appointed under Subsection (5)(c)(i), if the designee is
737     approved by the chair of the board.
738          (d) The appointing officer shall appoint one of the members of the procurement

739     appeals panel to serve as the coordinator of the panel.
740          (e) The appointing officer may:
741          (i) appoint the same procurement appeals panel to hear more than one appeal; or
742          (ii) appoint a separate procurement appeals panel for each appeal.
743          (f) The appointing officer may not appoint a person to a procurement appeals panel if
744     the person is employed by the procurement unit responsible for the solicitation, contract award,
745     or other action that is the subject of the protestor's protest.
746          (g) The appointing officer shall, at the time the procurement appeals panel is
747     appointed, provide appeals panel members with a copy of the notice of appeal filed under
748     Subsection (2) and the protest decision record.
749          (6) (a) A procurement appeals panel described in Subsection (5):
750          (i) shall conduct an administrative review of the appeal within 30 days after the day on
751     which the procurement appeals panel is appointed, or before a later date that all parties agree
752     upon, unless the appeal is dismissed under Subsection (8)(a); and
753          (ii) (A) may, as part of the administrative review and at the sole discretion of the
754     procurement appeals panel, conduct an informal hearing, if the procurement appeals panel
755     considers a hearing to be necessary; and
756          (B) if the procurement appeals panel conducts an informal hearing, shall, at least seven
757     days before the hearing, mail, email, or hand-deliver a written notice of the hearing to the
758     parties to the appeal.
759          (b) A procurement appeals panel may, during an informal hearing, ask questions and
760     receive responses regarding the appeal and the protest appeal record to assist the procurement
761     appeals panel to understand the basis of the appeal and information contained in the protest
762     appeal record, but may not otherwise take any additional evidence or consider any additional
763     ground for the appeal.
764          (7) A procurement appeals panel shall consider and decide the appeal based solely on:
765          (a) the notice of appeal and the protest appeal record; and
766          (b) responses received during an informal hearing, if an informal hearing is held and to
767     the extent allowed under Subsection (6)(b).
768          (8) A procurement appeals panel:
769          (a) may dismiss an appeal if the appeal does not comply with the requirements of this

770     chapter; and
771          (b) shall uphold the protest decision unless the protest decision is arbitrary and
772     capricious or clearly erroneous.
773          (9) The procurement appeals panel shall, within seven days after the day on which the
774     procurement appeals panel concludes the administrative review:
775          (a) issue a written decision on the appeal; and
776          (b) mail, email, or hand-deliver the written decision on the appeal to the parties to the
777     appeal and to the protest officer.
778          (10) (a) The deliberations of a procurement appeals panel may be held in private.
779          (b) If the procurement appeals panel is a public body, as defined in Section 52-4-103,
780     the procurement appeals panel shall comply with Section 52-4-205 in closing a meeting for its
781     deliberations.
782          (11) A procurement appeals panel may continue an administrative review under this
783     section beyond the 30-day period described in Subsection (6)(a)(i) if the procurement appeals
784     panel determines that the continuance is in the interests of justice.
785          (12) If a procurement appeals panel determines that the decision of the protest officer is
786     arbitrary and capricious or clearly erroneous, the procurement appeals panel:
787          (a) shall remand the matter to the protest officer, to cure the problem or render a new
788     decision;
789          (b) may recommend action that the protest officer should take; and
790          (c) may not order that:
791          (i) a contract be awarded to a certain person;
792          (ii) a contract or solicitation be cancelled; or
793          (iii) any other action be taken other than the action described in Subsection (12)(a).
794          (13) The board shall make rules relating to the conduct of an appeals proceeding,
795     including rules that provide for:
796          (a) expedited proceedings; and
797          (b) electronic participation in the proceedings by panel members and participants.
798          (14) The Rules of Evidence do not apply to a hearing held by a procurement appeals
799     panel.
800          (15) Part 20, Records, applies to the records involved in the process described in this

801     section, including the decision issued by a procurement appeals panel.
802          Section 6. Section 63G-6a-2501 is enacted to read:
803     
Part 25. Human Services Procurements

804          63G-6a-2501. Definitions.
805          As used in this part:
806          (1) "Department" means the Department of Health and Human Services.
807          (2) "Executive director" means the executive director of the department.
808          Section 7. Section 63G-6a-2502 is enacted to read:
809          63G-6a-2502. Procurement advisory council -- Appointment.
810          The executive director may appoint an advisory council to advise and make
811     recommendations to the department on the procurement of a human services procurement item,
812     including recommendations regarding persons to be debarred or suspended under Section
813     63G-6a-2504.
814          Section 8. Section 63G-6a-2503 is enacted to read:
815          63G-6a-2503. Direct purchase procurement process requirements -- Payment
816     information on website.
817          (1) The department may, without issuing a solicitation, directly purchase from, or
818     contract with, another person for the following human services procurement items:
819          (a) medical, dental, behavioral, psychological, psychiatric, or substance use evaluation
820     and treatment for an individual;
821          (b) assistance payments on behalf of an individual that are intended to keep the
822     individual out of a higher level of care or prevent or reduce the need for additional department
823     services;
824          (c) services for which the individual receiving the services has the right to choose the
825     person who provides the services;
826          (d) services for which the department makes a written determination, made available to
827     the public, that the individual's need to receive services from a particular provider outweigh the
828     public interest in issuing a competitive procurement;
829          (e) adoption subsidy and maintenance payments;
830          (f) child placing services for an individual adoption;
831          (g) death investigation services; or

832          (h) residential treatment services for an individual after all providers under contract
833     from a competitive procurement are exhausted.
834          (2) The department shall:
835          (a) maintain a written record of the name of all persons who provide services under this
836     section; and
837          (b) annually publish on the department's website the total amount paid to each person
838     under this section during the immediately preceding five-year period.
839          Section 9. Section 63G-6a-2504 is enacted to read:
840          63G-6a-2504. Process for an invitation to provide a human services procurement
841     item -- Open-ended invitations.
842          (1) As used in this section:
843          (a) "Invitation" means a solicitation or other request seeking qualified providers to
844     enter a contract to provide a human services procurement item.
845          (b) "Open-ended invitation" means an invitation that does not provide for a set closing
846     date.
847          (c) "Qualified provider" means a provider of a human services procurement item that
848     meets the qualifications described in the invitation.
849          (2) The department may contract with another person for a human services
850     procurement item in accordance with the process described in this section.
851          (3) (a) The department may issue an invitation that includes:
852          (i) a description of the human services procurement item the department is seeking to
853     obtain;
854          (ii) (A) the time period for which the invitation will remain open for applications; or
855          (B) if the invitation is an open-ended invitation, a statement that there is no set closing
856     date for the invitation;
857          (iii) the requirements the department has established for the submission of an
858     application;
859          (iv) the payment rate or a description of the process for determining the payment rate
860     for the human services procurement item;
861          (v) the qualifications a provider is required to meet to be awarded a contract for the
862     human service procurement item; and

863          (vi) the required terms and conditions of a contract if awarded.
864          (b) The department shall publish the invitation in accordance with the notice
865     requirements for a solicitation described in Section 63G-6a-2506.
866          (c) The department may:
867          (i) provide for an indeterminate or specified time period for a provider to respond to
868     the invitation;
869          (ii) close an invitation if the need for additional providers for a human services
870     procurement item no longer exists; or
871          (iii) reissue an invitation after closing the invitation.
872          (d) The department may provide technical application assistance to a person applying
873     to an invitation.
874          (4) (a) Upon receipt of an application submitted in response to an invitation, the
875     department shall:
876          (i) review the application to determine:
877          (A) the application's compliance with the requirements referred to in Subsection
878     (3)(a)(iii); and
879          (B) whether the person that submitted the application meets the qualifications referred
880     to in Subsection (3)(a)(v);
881          (ii) award a contract to a person:
882          (A) whose application complies with the requirements referred to in Subsection
883     (3)(a)(iii); and
884          (B) that meets the qualifications referred to in Subsection (3)(a)(v); and
885          (iii) reject an application if:
886          (A) the application does not comply with the requirements referred to in Subsection
887     (3)(a)(iii); or
888          (B) the person that submitted the application does not meet the qualifications referred
889     to in Subsection (3)(a)(v).
890          (b) If the department closes an invitation, the department may reject an application
891     submitted before the invitation is closed.
892          (c) The department may allow a person to correct deficiencies in an application during
893     the department's review of the application under Subsection (4)(a).

894          (5) If a person's application is rejected under Subsection (4):
895          (a) the department shall notify the person of the rejection in writing; and
896          (b) the person may not reapply to the same invitation for at least 12 months after the
897     day on which the rejection is issued.
898          (6) (a) The department may award a perpetual contract under this section if the contract
899     is awarded pursuant to an open-ended invitation.
900          (b) Subsection (6)(a) does not prevent the department from terminating a perpetual
901     contract, under terms established in the contract, if the open-ended invitation terminates.
902          (7) The department may make rules to establish procedures to ensure the open
903     enrollment invitation process described in this section is administered in an open and fair
904     manner that provides any interested, qualified provider the ability to be awarded a contract.
905          Section 10. Section 63G-6a-2505 is enacted to read:
906          63G-6a-2505. Debarred or suspension from consideration for award of contracts.
907          (1) The executive director may:
908          (a) debar or suspend a person from consideration for an award of a contract for a
909     human services procurement item for any amount of time in accordance with the process
910     described in Subsection 63G-6a-904(1); and
911          (b) obtain the recommendation of the council before debarring or suspending the
912     person.
913          (2) The council shall recommend that the executive director debar or suspend a person
914     for an award of a contract for a human services procurement item if the person:
915          (a) is convicted of a criminal offense:
916          (i) for actions taken to obtain or perform under a public or private contract;
917          (ii) for embezzlement, fraud, theft, forgery, bribery, falsification or destruction of
918     records, or receiving stolen property; or
919          (iii) under Title 76, Chapter 10, Part 31, Utah Antitrust Act, or another antitrust law;
920          (b) fails, without good cause, to perform in accordance with the terms of a contract
921     with the department;
922          (c) commits two or more violations of department rules made in accordance with Title
923     63G, Chapter 3, Utah Administrative Rulemaking Act;
924          (d) violates this chapter;

925          (e) poses a significant risk of harm to department clients or the department;
926          (f) is barred or suspended from providing services to another governmental agency; or
927          (g) takes another action that the council determines is fraudulent or substantially affects
928     the person's ability to perform under a contract with the department for a human services
929     procurement item.
930          Section 11. Section 63G-6a-2506 is enacted to read:
931          63G-6a-2506. Public notice requirements.
932          (1) The department may post notice of a solicitation in accordance with Subsection
933     63G-6a-112(1) at least three days before the day of the deadline for submission of a solicitation
934     response.
935          (2) The department may reduce the three-day period described in Subsection (1) in
936     accordance with Subsection 63G-6a-112(2).
937          Section 12. Section 63G-6a-2507 is enacted to read:
938          63G-6a-2507. Human services procurement appeals process.
939          (1) A protester may appeal a protest decision to the department in the same manner a
940     protest may be appealed to the board under Part 17, Procurement Appeals Board.
941          (2) In conducting an appeal under Subsection (1), the executive director has the same
942     powers and authority as the chair of the board and the appointing officer in an appeal
943     conducted under Part 17, Procurement Appeals Board, including the power to appoint a
944     procurement appeals panel to conduct a review of a claim in the appeal.
945          Section 13. Effective date.
946          This bill takes effect on May 1, 2024.