63N-13 - Procurement Programs

Title 63N > 63N-13

Sections (7)

Procurement Assistance

63N-13-101 - Title — Projects to assist companies to secure new business with federal, state, and local governments.

63N-13-101(1) This chapter is known as “Procurement Programs.” 63N-13-101(2) The Legislature recognizes that:

many Utah companies provide products and services which are routinely procured by a myriad of governmental entities at all levels of government, but that attempting to understand and comply with the numerous certification, registration, proposal, and contract requirements associated with government procurement often raises significant barriers for those companies with no government contracting experience; the costs associated with obtaining a government contract for products or services often prevent most small businesses from working in the governmental procurement market; currently a majority of federal procurement opportunities are contracted to businesses located outside of the state; the office currently administers programs and initiatives that help create and grow companies in Utah and recruit companies to Utah through the use of state employees, public-private partnerships, and contractual services; and there exists a significant opportunity for Utah companies to secure new business with federal, state, and local governments. 63N-13-101(3) The office, through its executive director:

shall manage and direct the administration of state and federal programs and initiatives whose purpose is to procure federal, state, and local governmental contracts; may require program accountability measures; and may receive and distribute legislative appropriations and public and private grants for projects and programs that: are focused on growing Utah companies and positively impacting statewide revenues by helping these companies secure new business with federal, state, and local governments; provide guidance to Utah companies interested in obtaining new business with federal, state, and local governmental entities; would facilitate marketing, business development, and expansion opportunities for Utah companies in cooperation with the office’s APEX accelerator program and with public, nonprofit, or private sector partners such as local chambers of commerce, trade associations, or private contractors as determined by the office’s director to successfully match Utah businesses with government procurement opportunities; and may include the following components:

recruitment, individualized consultation, and an introduction to government contracting; specialized contractor training for companies located in Utah; a Utah contractor matching program for government requirements; experienced proposal and bid support; and specialized support services. 63N-13-101(4) The office, through its executive director, shall make any distribution referred to in Subsection (3) on a semiannual basis. A recipient of money distributed under this section shall provide the office with a set of standard monthly reports, the content of which shall be determined by the office to include at least the following information: consultive meetings with Utah companies; seminars or training meetings held; government contracts awarded to Utah companies; increased revenues generated by Utah companies from new government contracts; jobs created; salary ranges of new jobs; and the value of contracts generated.

Facilitating Public-private Partnerships Act

63N-13-301 - Title.

This part is known as the “Facilitating Public-Private Partnerships Act.”

63N-13-302 - Definitions.

As used in this part: 63N-13-302(1) “Bonding government entity” means the same as that term is defined in Section 63C-25-101. 63N-13-302(2) “Concessionaire contract” means the same as that term is defined in Section 63C-25-101. 63N-13-302(3) “Facilitator” means:

the office, if the office chooses to perform itself the functions and responsibilities described in Section 63N-13-304; or a person engaged by the office to perform the functions and responsibilities described in Section 63N-13-304, if the office chooses to have those functions and responsibilities performed by a person other than the office. 63N-13-302(4) “Government entity” means:

the state or any department, division, agency, or other instrumentality of the state; or a political subdivision of the state. 63N-13-302(5) “Public-private partnership” means an arrangement or agreement between a government entity and one or more private persons to fund and provide for a public need through the development or operation of a public project in which the private person or persons share with the government entity the responsibility or risk of developing, owning, maintaining, financing, or operating the project.

63N-13-303 - Contract with facilitator.

63N-13-303(1) If the office chooses to have the functions and responsibilities described in Section 63N-13-304 performed by a person other than the office, the office shall, within legislative appropriations, enter into a contract with a nonprofit entity or government entity, using a request for proposals process under Title 63G, Chapter 6a, Utah Procurement Code, to act as facilitator. 63N-13-303(2) Except as provided in Subsection 63H-1-202(9), the office shall ensure that a contract with a person performing the functions and responsibilities of the facilitator includes a conflict-of-interest provision prohibiting the facilitator, or a principal, officer, or employee of the facilitator, from receiving a direct or indirect financial benefit from any public-private partnership that results from the facilitator’s work under the contract.

63N-13-304 - Functions and responsibilities of facilitator.

63N-13-304(1) A facilitator shall:

be a single point of contact and information on public-private partnerships in the state for: government entities exploring the possibility of filling a public need through a public-private partnership; and private persons exploring investment opportunities in a public project in the state through a public-private partnership; work throughout the state to identify government entities that may have an interest in seeking to fill a public need through a public-private partnership; work to identify private persons who may have an interest in investment opportunities in public projects in the state through a public-private partnership; facilitate the matching of government entities seeking to fill a public need through a public-private partnership with private persons seeking investment opportunities in public projects through a public-private partnership; facilitate and assist with the establishment of public-private partnerships for government entities who request the facilitator’s assistance in establishing a public-private partnership; provide a website with information: about the process for pursuing, developing, and implementing a public-private partnership in the state; and to help government entities and persons seeking investment opportunities through public-private partnerships in the state to understand available public-private partnership opportunities; and through promotional, informational, and other activities, work to help move the state to the forefront throughout the country in the area of private participation in public infrastructure development through public-private partnerships. 63N-13-304(2) If the office chooses to have the functions and responsibilities described in Subsection (1) performed by a person other than the office, the office shall include in a contract with that person provisions requiring the person to perform the functions and responsibilities described in Subsection (1). 63N-13-304(3) The office may make recommendations for the Legislature to consider relating to public-private partnerships:

to enhance the statutory framework for the establishment of public-private partnerships for public infrastructure projects; and with the goal of moving the state to the forefront throughout the country in the area of private participation in public infrastructure development through public-private partnerships.

63N-13-305 - Office oversight over contract performance of facilitator — Office reports to Legislature.

63N-13-305(1) The office shall monitor and oversee a facilitator’s performance under a contract under Section 63N-13-303 to ensure that the facilitator is fulfilling the requirements of Section 63N-13-304. 63N-13-305(2) Before October 1 of each year, the office shall provide an annual report to the Economic Development and Workforce Services Interim Committee of the facilitator’s activities under this part.

63N-13-306 - Limits on application of this part — Concessionaire contract.

63N-13-306(1) Nothing in this part:

requires a government entity to use the facilitator to explore the possibility of filling a public need through a public-private partnership; or limits the ability of a government entity to directly: solicit a public-private partnership; or respond to a private person exploring an investment opportunity in a public project through a public-private partnership. 63N-13-306(2) A facilitator shall inform a bonding government entity that is contemplating entering into a concessionaire contract that the bonding government entity may not enter into the concessionaire contract unless the bonding government entity first receives approval from the State Finance Review Commission in accordance with Section 63C-25-202. 63N-13-306(3) A government entity anticipating the possibility of entering into a public-private partnership or a concessionaire contract is encouraged to consult with and take advantage of the expertise of the facilitator as the government entity determines:

whether to enter into the public-private partnership or the concessionaire contract; and the best way to structure the public-private partnership or the concessionaire contract.