63A-2 - Division of Purchasing and General Services
Title 63A > 63A-2
Sections (12)
General Provisions
63A-2-101 - Creation.
There is created the Division of Purchasing and General Services within the department.
63A-2-101.5 - Definitions.
As used in this chapter: 63A-2-101.5(1) “Division” means the Division of Purchasing and General Services created under Section 63A-2-101. 63A-2-101.5(2) “Federal surplus property” means surplus property of the federal government of the United States. 63A-2-101.5(3) “Information technology equipment” means equipment capable of downloading, accessing, manipulating, storing, or transferring electronic data, including:
a computer; a smart phone, electronic tablet, personal digital assistant, or other portable electronic device; a digital copier or multifunction printer; a flash drive or other portable electronic data storage device; a server; and any other similar device. 63A-2-101.5(4) “Person with a disability” means a person with a severe, chronic disability that:
is attributable to a mental or physical impairment or a combination of mental and physical impairments; and is likely to continue indefinitely. 63A-2-101.5(5) “Property act” means the Federal Property and Administrative Services Act of 1949, 40 U.S.C. Sec. 549. 63A-2-101.5(6) “Purchasing director” means the director of the division appointed under Section 63A-2-102. 63A-2-101.5(7) “Smart phone” means an electronic device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, and text and email capabilities. 63A-2-101.5(8) “State agency” means any executive branch department, division, or other agency of the state. 63A-2-101.5(9) “State surplus property”:
means state-owned property, whether acquired by purchase, seizure, donation, or otherwise: that is no longer being used by the state or no longer usable by the state; that is out of date; that is damaged and cannot be repaired or cannot be repaired at a cost that is less than the property’s value; whose useful life span has expired; or that the state agency possessing the property determines is not required to meet the needs or responsibilities of the state agency; includes: a motor vehicle; equipment; furniture; information technology equipment; a supply; and an aircraft; and does not include: real property; an asset of the School and Institutional Trust Lands Administration, established in Section 53C-1-201; a firearm or ammunition; or an office or household item made of aluminum, paper, plastic, cardboard, or other recyclable material, without any meaningful value except for recycling purposes. 63A-2-101.5(10) “State surplus property contractor” means a person in the private sector under contract with the state to provide one or more services related to the division’s program for the management and disposition of state surplus property. 63A-2-101.5(11) “Surplus property program” means the program relating to state surplus property under Part 4, Surplus Property Service. 63A-2-101.5(12) “Surplus property program administrator” means:
the purchasing director, if the purchasing director administers the surplus property program; or the state surplus property contractor, if the state surplus property contractor administers the surplus property program.
63A-2-102 - Director of division — Appointment.
63A-2-102(1) The executive director shall appoint the director of the Division of Purchasing and General Services with the approval of the governor. 63A-2-102(2) The purchasing director is also the state’s chief procurement officer.
63A-2-103 - Duties and authority of purchasing director — State agency requirements — Rate schedule.
63A-2-103(1) The purchasing director:
shall operate, manage, and maintain: a central mailing service; and an electronic central store system for procuring goods and services; shall operate, manage, and maintain the surplus property program; and may establish: a contract administration service, including contract performance surveys; and other central services. 63A-2-103(2) Each state agency shall: subscribe to all of the services described in Subsection (1)(a), unless the director delegates the director’s authority to a state agency under Section 63A-2-104; and complete contract performance surveys as requested by the purchasing director under Subsection (1)(c)(i). An institution of higher education, the State Board of Education, a school district, or a political subdivision of the state may subscribe to one or more of the services described in Subsection (1)(a). 63A-2-103(3) The purchasing director shall: prescribe a schedule of rates to be charged for all services provided by the division after the purchasing director:
submits the proposed rates for services provided by the division’s internal service fund to the Rate Committee established in Section 63A-1-114; and obtains the approval of the Legislature, as required by Section 63J-1-410; ensure that the rates are approximately equal to the cost of providing the services; and annually conduct a market analysis of rates. A market analysis under Subsection (3)(a)(iii) shall include a comparison of the division’s rates with the rates of other public or private sector providers if comparable services and rates are reasonably available.
63A-2-104 - Delegation of general services to departments or agencies — Writing required — Contents — Termination.
63A-2-104(1) The purchasing director, with the approval of the executive director, may delegate, in writing, the purchasing director’s authority to perform or control any general services function to another state agency by contract or other means authorized by law, if:
in the judgment of the executive director, the state agency has requested the authority; and the state agency has the necessary resources and skills to perform or control the functions. 63A-2-104(2) The purchasing director may delegate the purchasing director’s authority only when the delegation would result in net cost savings or improved service delivery to the state as a whole. 63A-2-104(3) The written delegation shall contain:
a precise definition of each function to be delegated; a clear description of the standards to be met in performing each function delegated; a provision for periodic administrative audits by the department; and a date on which the agreement shall terminate if not previously terminated or renewed. 63A-2-104(4) An agreement to delegate functions to a state agency may be terminated by the department if the results of an administrative audit conducted by the department reveal lack of compliance with the terms of the agreement.
63A-2-105 - Director to approve certain purchases.
63A-2-105(1) A state agency that intends to purchase any mail-related equipment shall submit a purchase request to the purchasing director. 63A-2-105(2) The purchasing director shall review a request under Subsection (1) to ensure that:the authority to perform those functions has been appropriately delegated to the state agency under this part;the equipment meets proper specifications; andthe benefits from the state agency’s purchase of the equipment outweigh the benefits of having the same functions performed by the division.
63A-2-106 - Background checks for employees.
63A-2-106(1) As used in this section, “bureau” means the Bureau of Criminal Identification created in Section 53-10-201. 63A-2-106(2) Beginning July 1, 2018, the division shall require all applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
assistant directors; contract analysts; and purchasing agents. 63A-2-106(3) Each applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the division upon request. 63A-2-106(4) The division shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the division that meets the requirements of Subsection 53-10-108(4). 63A-2-106(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the division shall submit to the bureau:
the applicant’s personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and a request for all information received as a result of the local, regional, and nationwide background check. 63A-2-106(6) The division is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau. 63A-2-106(7) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
determine how the division will assess the employment status of an individual upon receipt of background information; and identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Surplus Property Service
63A-2-401 - State agencies required to participate in surplus property program — Declaring property to be state surplus property — Division authority.
63A-2-401(1) Except as otherwise provided in this part, a state agency shall dispose of and acquire state surplus property by participating in the surplus property program. 63A-2-401(2) A state agency may declare property that the state agency owns to be state surplus property by making a written determination that the property is state surplus property. 63A-2-401(3) The division shall determine the appropriate method for disposing of state surplus property. 63A-2-401(4) The division may:
establish facilities to store state surplus property at locations throughout the state; and after consultation with the state agency requesting the sale of state surplus property, establish the selling price for the state surplus property. 63A-2-401(5) As provided in Title 63J, Chapter 1, Budgetary Procedures Act, the division may transfer proceeds generated by the sale of state surplus property to the state agency requesting the sale, reduced by a rate approved in accordance with Subsection 63A-2-103(3) to pay the division’s costs of administering the surplus property program. 63A-2-401(6) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing a surplus property program that meets the requirements of this chapter.
63A-2-404 - Acquisition of federal surplus property — Powers and duties — Advisory boards and committees — Expenditures and contracts — Clearinghouse of information — Reports.
63A-2-404(1) The division may:
acquire from the United States under and in conformance with the property act any federal surplus property under the control of any department or agency of the United States that is usable and necessary for any purposes authorized by federal law; warehouse federal surplus property if it is not real property; and distribute federal surplus property within this state to: tax-supported medical institutions, hospitals, clinics, and health centers; school systems, schools, colleges, and universities; other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities that are exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1954; civil defense organizations; political subdivisions; and any other types of institutions or activities that are eligible to acquire the federal surplus property under federal law. 63A-2-404(2) The division may:
receive applications from eligible health and educational institutions for the acquisition of federal surplus real property; investigate the applications; obtain opinions about those applications from the appropriate health or educational authorities of this state; make recommendations about the need of the applicant for the property, the merits of the applicant’s proposed use of the property, and the suitability of the property for those purposes; and otherwise assist in the processing of those applications for acquisition of real and related personal property of the United States under the property act. 63A-2-404(3) The division may appoint advisory boards or committees. 63A-2-404(4) If required by law or regulation of the United States in connection with the disposition of surplus real property and the receipt, warehousing, and distribution of surplus personal property received by the surplus property program from the United States, the surplus property program administrator may:
make certifications, take action, and make expenditures; enter into contracts, agreements, and undertakings for and in the name of the state including cooperative agreements with the federal agencies providing for use by and exchange between them of the property, facilities, personnel, and services of each by the other; require reports; and make investigations. 63A-2-404(5) The division shall act as the clearinghouse of information for public and private nonprofit institutions, organizations, and agencies eligible to acquire federal surplus real property to:
locate both real and personal property available for acquisition from the United States; ascertain the terms and conditions under which that property may be obtained; receive requests from those institutions, organizations, and agencies and transmit to them all available information in reference to that property; and aid and assist those institutions, organizations, and agencies in every way possible in those acquisitions or transactions. 63A-2-404(6) The division shall:
cooperate with the departments or agencies of the United States; file a state plan of operation; operate according to that plan; take the actions necessary to meet the minimum standards prescribed by the property act; make any reports required by the United States or any of its departments or agencies; and comply with the laws of the United States and the regulations of any of the departments or agencies of the United States governing the allocation of, transfer of, use of, or accounting for any property donated to the state.
63A-2-408 - Authority of state or local subdivision to receive property — Revocation of authority of officer.
63A-2-408(1) Notwithstanding any other provision of law, the governing board or the executive director of any state department, instrumentality, or agency that is not a state agency, or the legislative body of any city, county, school district, or other political subdivision may by order or resolution give any officer or employee the authority to: secure the transfer of state surplus property or federal surplus property through the division under the property act; and obligate the state or political subdivision and its funds to the extent necessary to comply with the terms and conditions of those transfers. 63A-2-408(2) The authority conferred upon any officer or employee by an order or resolution remains in effect until:
the order or resolution is revoked; and the division has received written notice of the revocation.
63A-2-409 - Disposal of certain surplus property.
This part does not apply to: 63A-2-409(1) disposition by:the legislative branch of surplus property that is information technology equipment, if the Legislative Management Committee, by rule, establishes its own policy for disposition, by the legislative branch, of surplus property that is information technology equipment; orthe Department of Transportation of surplus personal property that was acquired as part of a transaction or legal action by the Department of Transportation acquiring real property for a state transportation purpose; or 63A-2-409(2) the Office of State Debt Collection’s disposition or acquisition of surplus property, if the disposition or acquisition is incidental to execution or collection proceedings.
63A-2-411 - Disposal of state surplus property with minimal value.
63A-2-411(1) As used in this section, “item of minimal value” means an item of property that:
had an initial purchase price of less than 100. 63A-2-411(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules that permit a state agency to dispose of an item of minimal value that the state agency has declared to be state surplus property as provided in Section 63A-2-401. 63A-2-411(3) Property of a state agency is presumed to be an item of minimal value if the property is not purchased after the surplus property program administrator offers the property for sale to the public at a price above $100.