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Brady Brammer 3 LONG TITLE General Description:
▸ provides that a procurement unit shall give a preference to bidders that certify on theHhe bid s that the bidder qualifies as a resident supplier;
and tB ▸ makes technical and conforming changes.
S5 Money Appropriated in this Bill:
u1 bHB0511 Nonecompared Hwith HB0511S01 None Other Special Clauses:
B None .Utah Code Sections Affected:
UtahAMENDS: Code Sections Affected:
563G-6a-506 AMENDS:, as last amended by Laws of Utah 2025, Chapter 69 63G-6a-507 , as last amended by Laws of Utah 2020, Chapter 257 ENACTS:
163G-6a-1005 63G-6a-506,, as last amended by Laws of Utah 2025,Code ChapterAnnotated 691953 63G-6a-507,Be asit lastenacted amended by Lawsthe Legislature of Utahthe 2020,state Chapterof 257Utah: ENACTS:
1st Sub.
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511 03-03 19:37 63G-6a-1005, Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
63G-6a-50663G-6a-506. .
(c) "Resident supplier" means {a person, partnership, corporation, or other business entity that has a principal place of business } the same as that term is defined in {Utah} Section 63G-6a-1005.
(2)(a)(2) (a) The rulemaking authority may make rules governing small purchases of any procurement item, including construction, job order contracting, design professional services, other professional services, information technology, and goods.
- 2 - HB0511 compared with HB0511S01 (A) an annual cumulative threshold;
-(3) 2Expenditures -made 03-03under 19:37this 1stsection Sub.by a procurement unit may not exceed a threshold established by the rulemaking authority, unless the procurement official gives written authorization to exceed the threshold that includes the reasons for exceeding the threshold.
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511 (3) Expenditures made under this section by a procurement unit may not exceed a threshold established by the rulemaking authority, unless the procurement official gives written authorization to exceed the threshold that includes the reasons for exceeding the threshold.
- 3 - HB0511 compared with HB0511S01 (B) the maintenance and service applicable to the procurement item under the state contract with the maintenance and service applicable to the procurement item if the procurement item is obtained outside of the state contract;
-(ii) 3for -a 1stprocurement Sub.item that, if defective in its manufacture, installation, or performance, may result in serious physical injury, death, or substantial property damage, determines in writing that the terms and conditions, relating to liability for injury, death, or property damage, available from the source other than the contractor who holds the state contract, are similar to, or better than, the terms and conditions available under the state contract;
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511 03-03 19:37 (ii) for a procurement item that, if defective in its manufacture, installation, or performance, may result in serious physical injury, death, or substantial property damage, determines in writing that the terms and conditions, relating to liability for injury, death, or property damage, available from the source other than the contractor who holds the state contract, are similar to, or better than, the terms and conditions available under the state contract;
(8)(a)(8) (a) It is unlawful for a person knowingly to divide a single procurement into multiple smaller procurements, including by dividing an invoice or purchase order into multiple invoices or purchase orders, if:
and - 4 - HB0511 compared with HB0511S01 (iii) the division is done with the intent to:
-(9) 4The -Division 03-03of 19:37Finance 1stwithin Sub.the Department of Government Operations may conduct an audit of an executive branch procurement unit to verify compliance with the requirements of this section.
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511 (9) The Division of Finance within the Department of Government Operations may conduct an audit of an executive branch procurement unit to verify compliance with the requirements of this section.
63G-6a-50763G-6a-507. .
(c) "Resident supplier" means the same as that term is defined in Section {63G-6a-506} 63G-6a-1005.
(3)(a)(3) (a) A procurement unit may establish an approved vendor list for:
- 5 - HB0511 compared with HB0511S01 (i) a specific, fully defined procurement item;
-(4) 5After -receiving 1stthe Sub.statements of qualifications and evaluation scores submitted by the evaluation committee under Subsection 63G-6a-410(9)(f), the procurement official of the procurement unit using the request for statement of qualifications process under Section 63G-6a-410 as part of an approved vendor list process shall:
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511 03-03 19:37 (4) After receiving the statements of qualifications and evaluation scores submitted by the evaluation committee under Subsection 63G-6a-410(9)(f), the procurement official of the procurement unit using the request for statement of qualifications process under Section 63G-6a-410 as part of an approved vendor list process shall:
(5)(a)(5) (a) A procurement unit shall include approved vendors on a closed-ended approved vendor list or an open-ended approved vendor list.
(b)(i)(b) (i) A closed-ended approved vendor list shall expire no later than 18 months after the publication of the closed-ended approved vendor list.
(a)(i)(a) (i) using a bidding process, request for proposals process, small purchase process, or design professional procurement process, award a contract to a vendor on an approved vendor list for any - 6 - HB0511 compared with HB0511S01 procurement item or type of procurement item specified by the procurement unit in the request for statement of qualifications, including procurement items that the procurement unit intends to acquire in a series of future procurements described in the request for statement of qualifications;
(7)(a)(7) (a) After establishing an approved vendor list as provided in this section, a conducting procurement unit shall, before using the approved vendor list, submit the -approved 6vendor -list 03-03to 19:37the 1stissuing Sub.procurement unit.
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511 approved vendor list to the issuing procurement unit.
and - 7 - HB0511 compared with HB0511S01 (b) requirements for using an approved vendor list with the small purchase process.
Section 63G-6a-10053 is enacted to read:
63G-6a-100563G-6a-1005. .
(a) {has } maintains a principal place of business in Utah;Utah {or that employs workers who are residents of this state;
and} ;
and (c)(b){(c)} {was transacting } has maintained the principal place of business {on } described in Subsection (1)(a) for at least one year before the {date when bids } day on which bids or requests for {the public } qualifications were first solicited.
-(2) 7The -provisions 1stof Sub.this section apply if the provisions of Sections 63G-6a-1002 and 63G-6a-1003 do not apply.
(Buff)(3) H.B.(a) {An } For a procurement that is awarded based on evaluation criteria with assigned point values, an issuing procurement unit shall{, for all procurements, give } award a {preference } resident supplier additional points equal to {those bidders that certify on } 10% of the {bid that the bidder qualifies as a resident supplier} total available evaluation points.
511 03-03 19:37 (2) The provisions of this section apply if the provisions of Sections 63G-6a-1002 and 63G-6a-1003 do not apply.
(3)(a) For a procurement that is awarded based on evaluation criteria with assigned point values, an issuing procurement unit shall award a resident supplier additional points equal to 10% of the total available evaluation points.
(i)(b){(i)} {The preference } is waived if the certification that{described thein Ŝ→Subsection [bidder(3)(a) ]} vendorthat ←Ŝthe 241abidder qualifies as a resident supplier does not appear on the bidbid{.} or proposal;
and (ii)(4){(ii)} {The preference described in Subsection (3)(a) } does not apply if application of the preference might jeopardize the receipt of federal funds.
Effective date.
2-17-26 4:31 PM - 8 -