Unlawful harassment -- Investigation -- Penalties.

(1) A lobbyist may not engage in conduct that violates:

(a) federal workplace discrimination and harassment requirements;

(b) [Utah Senate or Utah House] Legislative Management Committee policies governing workplace discrimination or harassment;

(c) Utah executive branch policies governing workplace discrimination or harassment;

or (d) any combination of [Subsections] Subsection (1)(a), (b), or (c).

(2)(a) The lieutenant governor may take an action described in Subsection (3) against a lobbyist if the lieutenant governor finds, after giving the lobbyist notice and an opportunity to be heard, that the lobbyist engaged in a serious violation, or multiple violations, of this section.

(b) The lieutenant governor shall post on the lieutenant governor's website a copy of the [ Utah Senate's harassment policy, the Utah House's harassment policy,] Legislative Management Committee's workplace discrimination and harassment policy and the executive branch's harassment policies.

(3) If the lieutenant governor makes a finding described in Subsection (2)(a), the lieutenant governor may, taking into account the seriousness of the violation or the seriousness or frequency of multiple violations, do either or both of the following:

(a) impose an administrative fine against the lobbyist, not to exceed $2,000;

or (b) suspend the lobbyist's license for a period of up to five years.

(4) A record that relates to an investigation under this section is a protected record, to the extent permitted by Title 63G, Chapter 2, Government Records Access and Management Act.

(5)(a) A lobbyist who is a victim of workplace discrimination or harassment by an executive worker may file a complaint under the state executive branch's applicable workplace discrimination and harassment policy.

(b) A lobbyist who is a victim of workplace discrimination or harassment by a legislative worker may file a complaint under the [Utah Senate's workplace - 3 - S.B.

192 Enrolled Copy discrimination and harassment policy or the Utah House's] Legislative Management Committee's workplace discrimination and harassment policy.

Section 2.

Section 36-12-6 is amended to read:

36-12-6 .

Permanent committees -- House and Senate management -- Members -- Chair -- Legislative Management Committee -- Membership -- Chair and vice-chair -- Meetings -- Quorum.

(1) There are hereby established as permanent committees of the Legislature a House Management Committee and a Senate Management Committee.

(a)(i) The House Management Committee shall consist of eight members of the House of Representatives, four from each major political party.

The membership shall include the elected leadership of the House of Representatives and additional members chosen at the beginning of each annual general session by the minority party caucus as needed to complete the full membership.

(ii) The chair of the committee shall be the speaker of the House of Representatives or the speaker's designee.

(b)(i) The Senate Management Committee shall consist of eight members of the Senate, four from each major political party.

The membership shall include the elected leadership of the Senate and additional members chosen at the beginning of each annual general session by the appropriate party caucus as needed to complete the full membership.

(ii) The chair of the committee shall be the president of the Senate or the president's designee.

(2)(a) There is established a permanent committee of the Legislature known as the Legislative Management Committee.

(b) The committee shall consist of:

(i) the members of the House Management Committee;

and (ii) the members of the Senate Management Committee.

(c)(i) The president of the Senate or the president's designee shall be chair during 1987, and the speaker of the House of Representatives or the speaker's designee shall be vice-chair of the committee during that year.

(ii) The positions of chair and vice-chair of the Legislative Management Committee shall rotate annually between these two officers in succeeding years.

(d) The committee shall meet as often as is necessary to perform its duties[, but not less than once each quarter].

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192 (e) If any vote of the committee results in a tie, the president of the Senate and speaker of the House of Representatives may together cast an additional vote to break the tie.

(f) Each year the Legislative Management Committee shall meet no later than 60 days after the day on which the Legislature adjourns the annual general session sine die.

(3) If a legislator declines membership on [the committees] a committee established by this section, or if a vacancy occurs, a replacement shall be chosen by the leadership of the appropriate party of the chamber in which the vacancy occurs.

[(4) The committees established by this section shall meet not later than 60 days after the adjournment sine die of the annual general session held in even-numbered years and not later than 30 days after the adjournment sine die of the annual general session held in odd-numbered years for the purpose of effecting their organization and prescribing rules and policies pertaining to their respective powers and duties.

A majority of the members of each committee constitutes a quorum, and a majority of a quorum has authority to act in any matter falling within the jurisdiction of the committee.] (4)(a) A quorum of the House Management Committee or the Senate Management Committee is a majority of the committee's members.

(b) A quorum of the Legislative Management Committee is at least 50% of the committee's members from one chamber and more than 50% of the committee's members from the other chamber.

Section 3.

Section 36-12-7 is amended to read:

36-12-7 .

Legislative Management Committee -- Duties -- Litigation.

(1) The Senate or House Management Committee shall:

(a) receive legislative resolutions directing studies on legislative matters and may assign these studies to the appropriate interim committee of its chamber;

(b) assign to interim committees of the same chamber, matters of legislative study not specifically contained in a legislative resolution but considered significant to the welfare of the state;

(c) receive requests from interim committees of its chamber for matters to be included on the study agenda of the requesting committee.

Appropriate bases for denying a study include inadequate funding to properly complete the study or duplication of the work;

(d) establish a budget account for interim committee day as designated by Legislative Management Committee and for all other legislative committees of its chamber and allocate to that account sufficient funds to adequately provide for the work of the - 5 - S.B.

192 Enrolled Copy committee;

and (e) designate the time and place for periodic meetings of the interim committees.

(2) To maximize the use of legislators' available time, the Senate and House Management Committees should attempt to schedule the committee meetings of their respective chambers during the same one or two-day period each month.

This does not preclude an interim committee from meeting at any time it determines necessary to complete its business.

(3)(a) The Legislative Management Committee shall:

(i) appoint, after recommendation of the appropriate subcommittee of the Legislative Management Committee, without regard to political affiliation, and subject to approval of a majority vote of both chambers, individuals qualified for the positions of director of the Office of Legislative Research and General Counsel, legislative fiscal analyst, legislative general counsel, and legislative auditor general;

(ii) [develop policies for] oversee branch-wide internal administrative matters for the Legislature, including providing for the establishment of policies governing:

(A) personnel management, compensation, and training of all professional legislative staff;

and (B) other legislative branch-wide administrative matters;

(iii) develop a policy within the limits of legislative appropriation for the authorization and payment to legislators of compensation and travel expenses, including out-of-state travel;

(iv) approve special study budget requests of the legislative directors;

and (v) assist the speaker-elect of the House of Representatives and the president-elect of the Senate, upon selection by their majority party caucus, to organize their respective chambers of the Legislature and assume the direction of the operation of the Legislature in the forthcoming annual general session.

(b)(i)(A) An appointment under Subsection (3)(a)(i) is for a six-year term, subject to renewal by a majority vote of the Legislative Management Committee.

(B) Each renewal is for an additional six-year term and is not subject to approval by the Legislature.

(ii) The Legislature by a majority vote of both chambers or the Legislative Management Committee by a two-thirds vote may remove an individual appointed under this Subsection (3) before the expiration of the individual's term for such - 6 - Enrolled Copy S.B.

192 causes as inefficiency, incompetency, failure to maintain skills or adequate performance levels, insubordination, misfeasance, malfeasance, or nonfeasance in office.

(c) If a vacancy occurs in a position appointed under this Subsection (3), the Legislative Management Committee shall appoint an individual to fill the vacancy until the Legislature approves or rejects the individual's appointment by a majority vote of both chambers.

(4)(a) The Legislature delegates to the Legislative Management Committee the authority, by means of a majority vote of the committee, to direct the legislative general counsel in matters involving the Legislature's participation in litigation.

(b) The Legislature has an unconditional right to intervene in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges:

(i) the constitutionality of a state statute;

(ii) the validity of legislation;

or (iii) any action of the Legislature.

(c) In a federal court action that challenges the constitutionality of a state statute, the validity of legislation, or any action of the Legislature, the Legislature may seek to intervene, to file an amicus brief, or to present argument in accordance with federal rules of procedure.

(d) Intervention by the Legislature pursuant to Subsection (4)(b) or (c) does not limit the duty of the attorney general to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided by law.

(e) In any action in which the Legislature intervenes or participates, legislative counsel and the attorney general shall function independently from each other in the representation of their respective clients.

(f) The attorney general shall notify the legislative general counsel of a claim in accordance with Subsection 67-5-1(1)(y).

Section 4.

Section 36-12-12 is amended to read:

36-12-12 .

Office of Legislative Research and General Counsel established -- Powers, functions, and duties -- Organization of office -- Selection of director and general counsel.

(1) There is established an Office of Legislative Research and General Counsel as a permanent staff office for the Legislature.

- 7 - S.B.

192 Enrolled Copy (2) The powers, functions, and duties of the Office of Legislative Research and General Counsel under the supervision of the director shall be:

(a) to provide research and legal staff assistance to all standing, special, and interim committees as follows:

(i) to assist each committee chairman in planning the work of the committee;

(ii) to prepare and present research and legal information in accordance with committee instructions or instructions of the committee chairman;

(iii) to prepare progress reports of committee work when requested;

and (iv) to prepare a final committee report in accordance with committee instructions, that includes relevant research information, committee policy recommendations, and recommended legislation;

(b) to collect and examine the acts and official reports of any state and report their contents to any committee or member of the Legislature;

(c) to provide research and legal analysis services to any interim committee, legislative standing committee, or individual legislator on actual or proposed legislation or subjects of general legislative concern;

(d)(i) to exercise under the direction of the general counsel the constitutional authority provided in Utah Constitution, Article VI, Section 32, in serving as legal counsel to the Legislature, majority and minority leadership of the House of Representatives or Senate, any of the Legislature's committees or subcommittees, individual legislators, any of the Legislature's staff offices, or any of the legislative staff;

and (ii) subject to policies adopted by the Legislative Management Committee described in Section 36-12-7, to represent the Legislature, majority and minority leadership of the House of Representatives or Senate, any of the Legislature's committees or subcommittees, individual legislators, any of the Legislature's staff offices, or any of the legislative staff in cases and controversies before courts and administrative agencies and tribunals;

(e) to prepare and assist in the preparation of legislative bills, resolutions, memorials, amendments, and other documents or instruments required in the legislative process and, under the direction of the general counsel, give advice and counsel regarding them to the Legislature, majority and minority leadership of the House of Representatives or Senate, any of its members or members-elect, any of its committees or subcommittees, or the legislative staff;

- 8 - Enrolled Copy S.B.

192 (f) under the direction of the general counsel[:] , [(i) to review, examine, and correct any technical errors when:] [(A) preparing legislation that passed both houses to enroll the legislation and prepare the laws for publication;

or] [(B) maintaining the accuracy of the electronic code database;

and] [(ii)] to deliver enrolled legislation to the House of Representatives and the Senate for submission to the governor for gubernatorial action;

(g)(i) to maintain, exercise control over, and [to ]act as the repository and custodian [ of the official copy and database of the current version ]of the Utah Constitution database, as defined in Section 36-12-12.2;

(ii) to [incorporate] keep the Utah Constitution database current, including incorporating into the Utah Constitution any amendments to the Utah Constitution that pass during a regular general election;

and (iii) to update and maintain the bold face descriptive titles to sections of the Utah Constitution;

(h) to prepare the laws for publication, in accordance with Section 36-12-12.2;

(i)(i) to maintain, exercise control over, and act as the repository and custodian of the [ official copy and database of the ]Utah Code database, as defined in Section 36-12-12.2, organized by title, chapter, part, and section;

and (ii) to keep the Utah Code database current, including updating the database to reflect:

(A) any duly enacted legislation making changes, including future changes, to the Utah Code;

and (B) any corrections of technical errors in accordance with Section 36-12-12.2;

(j) in accordance with Title 46, Chapter 5, Uniform Electronic Legal Material Act, to act as the official publisher, as defined in Section 46-5-102, for the Utah Constitution, the Utah Code, and the Laws of Utah;

(k) to transmit a legislative record to the state archivist in accordance with Section 63A-12-102.5;

(l) to formulate recommendations for the revision, clarification, classification, arrangement, codification, annotation, and indexing of Utah statutes, and to develop proposed legislation to effectuate the recommendations;

[(k)] (m) to appoint and develop a professional staff within budget limitations;

and [(l)] (n) to prepare and submit the annual budget request for the Office of Legislative Research and General Counsel.

- 9 - S.B.

192 Enrolled Copy (3)(a) If, under Utah Constitution, Article VI, Section 10, the House of Representatives or Senate determines that an individual is not qualified to serve in the House of Representatives or Senate, or expels an individual from the respective chamber, but the individual continues to hold his or her elected legislative office, the Office of Legislative Research and General Counsel may not provide legislative staff services, including legal services, to the individual.

(b) Notwithstanding Subsection (3)(a), the Office of Legislative Research and General Counsel may provide legal services for an individual described in Subsection (3)(a) if the legal services are approved by the Legislative Management Committee described in Section 36-12-7.

[(4) The statutory authorization of the Office of Legislative Research and General Counsel to correct technical errors provided in Subsection (2)(f), to prepare the laws for publication in Subsection (2)(h), and to modify the electronic record to correct technical errors under Subsection (2)(i)(ii)(B) includes:] [(a) adopting a uniform system of punctuation, capitalization, numbering, and wording for enrolled legislation and the Laws of Utah;] [(b) eliminating duplication and the repeal of laws directly or by implication, including renumbering when necessary;] [(c) correcting defective or inconsistent title, chapter, part, section, and subsection structure in the arrangement of the subject matter of existing statutes;] [(d) eliminating obsolete and redundant words;] [(e) correcting:] [(i) obvious typographical and grammatical errors;

and] [(ii) other obvious inconsistencies, including those involving punctuation, capitalization, cross references, numbering, and wording;] [(f) inserting or changing the boldface to more accurately reflect the substance of each section, part, chapter, or title;] [(g) merging or determining priority of any amendments, enactments, or repealers to the same code provisions that are passed by the Legislature;] [(h) renumbering and rearranging of a title, chapter, part, section, or provisions of a section;] [(i) transferring sections or dividing sections to assign separate sections numbers to distinct subject matters;] [(j) modifying cross references to agree with renamed or renumbered titles, chapters, - 10 - Enrolled Copy S.B.

192 parts, or sections;] [(k) substituting the proper section or chapter number for the terms "this act," "this bill," or similar terms;] [(l) substituting the proper calendar date in the database and in the Laws of Utah;] [(m) modifying the highlighted provisions of legislation to correct an inconsistency between the highlighted provisions and the enacted provisions of the legislation;] [(n) correcting the names of agencies, departments, and similar units of government;] [(o) rearranging any misplaced statutory material, incorporating any omitted statutory material, and correcting other obvious errors of addition or omission;] [(p) correcting or incorporating a special clause that was publicly available on the Legislature's website but is errantly omitted, modified, or retained during the legislative process due to obvious technological or human error, including:] [(i) a severability clause;] [(ii) an effective date clause;] [(iii) a retrospective operation clause;] [(iv) an uncodified repeal date clause;] [(v) a revisor instruction clause;

or] [(vi) a coordination clause;] [(q) correcting the incorporation of an amendment due to obvious technological or human error;

and] [(r) alphabetizing definition sections.] [(5)] (4) In carrying out the duties provided for in this section, the director of the Office of Legislative Research and General Counsel may obtain access to all records, documents, and reports necessary to the scope of the director's duties according to the procedures contained in Chapter 14, Legislative Subpoena Powers.

[(6)] (5) In organizing the management of the Office of Legislative Research and General Counsel, the Legislative Management Committee may either:

(a) select a person to serve as both the director of the office and as general counsel.

In such case, the director of the office shall be a lawyer admitted to practice in Utah and shall have practical management experience or equivalent academic training;

or (b) select a person to serve as director of the office who would have general supervisory authority and select another person to serve as the legislative general counsel within the office.

In such case, the director of the office shall have a master's degree in public or business administration, economics, or the equivalent in academic or - 11 - S.B.

192 Enrolled Copy practical experience and the legislative general counsel shall be a lawyer admitted to practice in Utah.

Section 5.

Section 36-12-12.2 is enacted to read:

36-12-12.2 .

Authority to revise code.

(1) As used in this section:

(a) "Utah Code database" means an electronic repository of the Utah Code.

(b) "Utah Constitution database" means an electronic repository of the Utah Constitution.

(2) The Office of Legislative Research and General Counsel, under the direction of the general counsel shall review, examine, and correct any technical errors when:

(a) preparing legislation that passed both chambers to enroll the legislation;

(b) preparing the laws for publication;

and (c) maintaining the accuracy of the Utah Code database and the Utah Constitution database in accordance with Section 36-12-12.

(3) The authority of the Office of Legislative Research and General Counsel to correct technical errors provided in Subsection (2):

(a) includes:

(i) adopting and implementing a uniform system of punctuation, capitalization, numbering, and wording for enrolled legislation and the Laws of Utah;

(ii) removing duplication;

(iii) removing laws repealed directly or by implication;

(iv) correcting defective or inconsistent title, chapter, part, section, and subsection structure in the arrangement of the subject matter of existing statutes;

(v) eliminating obsolete and redundant words;

(vi) correcting:

(A) obvious typographical and grammatical errors;

and (B) other obvious inconsistencies, including those involving punctuation, capitalization, cross references, numbering, and wording;

(vii) inserting or changing the boldface to more accurately reflect the substance of each title, chapter, part, or section;

(viii) merging or determining priority of any amendments, enactments, or repealers to the same code provisions that are passed by the Legislature;

(ix) correcting the incorporation of an amendment due to obvious technological or human error;

(x) renumbering and rearranging of a title, chapter, part, section, or provisions of a - 12 - Enrolled Copy S.B.

192 section;

(xi) transferring sections or dividing sections to assign separate section numbers to distinct subject matters;

(xii) modifying cross references to agree with renamed or renumbered titles, chapters, parts, or sections;

(xiii) substituting the proper section or chapter number for the terms "this act," "this bill," or similar terms;

(xiv) substituting the proper calendar date in the Utah Code database and in the Laws of Utah;

(xv) correcting erroneous statutory history in the long title of legislation;

(xvi) correcting the names of agencies, departments, officers, funds, and similar units of government;

(xvii) rearranging any misplaced statutory material, incorporating any omitted statutory material, and correcting other obvious errors of addition or omission;

(xviii) correcting or incorporating a special clause or uncodified material that was publicly available on the Legislature's website but is errantly omitted, modified, or retained during the legislative process due to obvious technological or human error, including:

(A) an appropriation clause;

(B) a severability clause;

(C) an effective date clause;

(D) a retrospective operation clause;

(E) an uncodified repeal date clause;

(F) a revisor instruction clause;

or (G) a coordination clause;

and (xix) alphabetizing definition sections;

and (b) does not include a correction that would alter the meaning or effect of law.

Section 6.

Section 36-13-1 is amended to read:

36-13-1 .

Distribution of legislative publications by Legislature.

The Legislature is responsible for printing, storing, and distributing:

(1) the [legislative session laws] Laws of Utah;

(2) the House and Senate Journals;

and [(3) the Utah Code Annotated;

and] [(4)] (3) [all ]other legislative reports and publications[ of Utah statutes].

- 13 - S.B.

192 Enrolled Copy Section 7.

Section 63G-6a-103 is amended to read:

63G-6a-103 .

Definitions.

As used in this chapter:

(1) "Approved vendor" means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process.

(2) "Approved vendor list" means a list of approved vendors established under Section 63G-6a-507.

(3) "Approved vendor list process" means the procurement process described in Section 63G-6a-507.

(4)(a) "Award" means, in relation to a contract, a procurement unit's selection of a vendor to supply a procurement item after the procurement unit engages in:

(i) a standard procurement process;

or (ii) an exception to a standard procurement process under Part 8, Exceptions to Procurement Requirements.

(b) "Award" does not mean, in relation to a contract, a procurement unit's offer or acceptance of any terms or conditions related to the procurement unit's acquisition or receipt of the procurement item.

(5) "Bidder" means a person who submits a bid or price quote in response to an invitation for bids.

(6) "Bidding process" means the procurement process described in Part 6, Bidding.

(7) "Board" means the Utah State Procurement Policy Board, created in Section 63G-6a-202.

(8) "Change directive" means a written order signed by the procurement officer that directs the contractor to suspend work or make changes, as authorized by contract, without the consent of the contractor.

(9) "Change order" means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract.

(10) "Chief procurement officer" means the individual appointed under Section 63A-2-102.

(11) "Conducting procurement unit" means a procurement unit that conducts all aspects of a procurement:

(a) except:

(i) reviewing a solicitation to verify that it is in proper form;

and (ii) causing the publication of a notice of a solicitation;

and (b) including:

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192 (i) preparing any solicitation document;

(ii) appointing an evaluation committee;

(iii) conducting the evaluation process, except the process relating to scores calculated for costs of proposals;

(iv) selecting and recommending the person to be awarded a contract;

(v) negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval;

and (vi) contract administration.

(12) "Conservation district" means the same as that term is defined in Section 17D-3-102.

(13) "Construction project":

(a) means a project for the construction, renovation, alteration, improvement, or repair of a public facility on real property, including all services, labor, supplies, and materials for the project;

and (b) does not include services and supplies for the routine, day-to-day operation, repair, or maintenance of an existing public facility.

(14) "Construction manager/general contractor":

(a) means a contractor who enters into a contract:

(i) for the management of a construction project;

and (ii) that allows the contractor to subcontract for additional labor and materials that are not included in the contractor's cost proposal submitted at the time of the procurement of the contractor's services;

and (b) does not include a contractor whose only subcontract work not included in the contractor's cost proposal submitted as part of the procurement of the contractor's services is to meet subcontracted portions of change orders approved within the scope of the project.

(15) "Construction subcontractor":

(a) means a person under contract with a contractor or another subcontractor to provide services or labor for the design or construction of a construction project;

(b) includes a general contractor or specialty contractor licensed or exempt from licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act;

and (c) does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor for a construction project.

(16) "Contract" means an agreement for a procurement.

(17) "Contract administration" means all functions, duties, and responsibilities associated - 15 - S.B.

192 Enrolled Copy with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:

(a) implementing the contract;

(b) ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor;

(c) executing change orders;

(d) processing contract amendments;

(e) resolving, to the extent practicable, contract disputes;

(f) curing contract errors and deficiencies;

(g) terminating a contract;

(h) measuring or evaluating completed work and contractor performance;

(i) computing payments under the contract;

and (j) closing out a contract.

(18) "Contractor" means a person who is awarded a contract with a procurement unit.

(19) "Cooperative procurement" means procurement conducted by, or on behalf of:

(a) more than one procurement unit;

or (b) a procurement unit and a cooperative purchasing organization.

(20) "Cooperative purchasing organization" means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.

(21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the contractor is paid a percentage of the total actual expenses or costs in addition to the contractor's actual expenses or costs.

(22) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this chapter, and a fee, if any.

(23) "Days" means calendar days, unless expressly provided otherwise.

(24) "Definite quantity contract" means a fixed price contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule.

(25) "Design professional" means:

(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act;

(b) an individual licensed as a professional engineer or professional land surveyor under - 16 - Enrolled Copy S.B.

192 Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;

(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing Act, to engage in the practice of landscape architecture, as defined in Section 58-53-102;

or (d) an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act.

(26) "Design professional procurement process" means the procurement process described in Part 15, Design Professional Services.

(27) "Design professional services" means:

(a) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;

(b) professional engineering as defined in Section 58-22-102;

(c) master planning and programming services;

(d) professional services within the scope of the practice of landscape architecture, as defined in Section 58-53-102;

or (e) services within the scope of the practice of commercial interior design, as defined in Section 58-86-102.

(28) "Design-build" means the procurement of design professional services and construction by the use of a single contract.

(29) "Division" means the Division of Purchasing and General Services, created in Section 63A-2-101.

(30) "Educational procurement unit" means:

(a) a school district;

(b) a public school, including a local school board or a charter school;

(c) the Utah Schools for the Deaf and the Blind;

(d) the Utah Education and Telehealth Network;

(e) an institution of higher education of the state described in Section 53H-1-102;

or (f) the State Board of Education.

(31) "Established catalogue price" means the price included in a catalogue, price list, schedule, or other form that:

(a) is regularly maintained by a manufacturer or contractor;

(b) is published or otherwise available for inspection by customers;

and (c) states prices at which sales are currently or were last made to a significant number of - 17 - S.B.

192 Enrolled Copy any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(32)(a) "Executive branch procurement unit" means a department, division, office, bureau, agency, or other organization within the state executive branch.

(b) "Executive branch procurement unit" does not include the Colorado River Authority of Utah as provided in Section 63M-14-210.

(33) "Facilities division" means the Division of Facilities Construction and Management, created in Section 63A-5b-301.

(34) "Fixed price contract" means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that:

(a) the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor;

or (b) an adjustment is required by law.

(35) "Fixed price contract with price adjustment" means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that:

(a) is based on the consumer price index or another commercially acceptable index, source, or formula;

and (b) is not based on a percentage of the cost to the contractor.

(36) "Grant" means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange.

(37) "Human services procurement item" means a procurement item used to provide services or support to a child, youth, adult, or family.

(38) "Immaterial error":

(a) means an irregularity or abnormality that is:

(i) a matter of form that does not affect substance;

or (ii) an inconsequential variation from a requirement of a solicitation that has no, little, or a trivial effect on the procurement process and that is not prejudicial to other vendors;

and (b) includes:

(i) a missing signature, missing acknowledgment of an addendum, or missing copy of a professional license, bond, or insurance certificate;

(ii) a typographical error;

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192 (iii) an error resulting from an inaccuracy or omission in the solicitation;

and (iv) any other error that the procurement official reasonably considers to be immaterial.

(39) "Indefinite quantity contract" means a fixed price contract that:

(a) is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit;

and (b)(i) does not require a minimum purchase amount;

or (ii) provides a maximum purchase limit.

(40) "Independent procurement unit" means:

(a)(i) a legislative procurement unit;

(ii) a judicial branch procurement unit;

(iii) an educational procurement unit;

(iv) a local governmental procurement unit;

(v) a conservation district;

(vi) a local building authority;

(vii) a special district;

(viii) a public corporation;

(ix) a special service district;

or (x) the Utah Communications Authority, established in Section 63H-7a-201;

(b) the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities;

(c) the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General;

(d) the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code;

(e) the Department of Health and Human Services, but only for the procurement of a human services procurement item;

or (f) any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority.

(41)(a) "Interlocal entity" means a separate political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.

(b) "Interlocal entity" does not include a project entity.

(42) "Invitation for bids":

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192 Enrolled Copy (a) means a document used to solicit:

(i) bids to provide a procurement item to a procurement unit;

or (ii) quotes for a price of a procurement item to be provided to a procurement unit;

and (b) includes all documents attached to or incorporated by reference in a document described in Subsection (42)(a).

(43) "Issuing procurement unit" means a procurement unit that:

(a) reviews a solicitation to verify that [it] the solicitation is in proper form;

(b) causes the notice of a solicitation to be published;

and (c) negotiates and approves the terms and conditions of a contract.

(44) "Judicial procurement unit" means:

(a) the Utah Supreme Court;

(b) the Utah Court of Appeals;

(c) the Judicial Council;

(d) a state judicial district;

or (e) an office, committee, subcommittee, or other organization within the state judicial branch.

(45) "Labor hour contract" is a contract under which:

(a) the supplies and materials are not provided by, or through, the contractor;

and (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit for a specified number of labor hours or days.

(46) "Legislative procurement unit" means:

(a) the Legislature;

(b) the Senate;

(c) the House of Representatives;

or (d) a staff office of the Legislature[, the Senate, or the House of Representatives;

or] .

[(e) a committee, subcommittee, commission, or other organization:] [(i) within the state legislative branch;

or] [(ii)(A) that is created by statute to advise or make recommendations to the Legislature;] [(B) the membership of which includes legislators;

and] [(C) for which the Office of Legislative Research and General Counsel provides staff support.] (47) "Local building authority" means the same as that term is defined in Section 17D-2-102.

(48) "Local government procurement unit" means:

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192 (a) a county, municipality, interlocal entity, or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:

(i) the county or municipality adopts a procurement code by ordinance;

(ii) the interlocal entity adopts procurement rules or policies as provided in Subsection 11-13-226(2);

or (iii) the project entity adopts a procurement code through the process described in Section 11-13-316;

(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality;

and (ii) a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316;

or (c) a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that:

(i) a term in the ordinance is used in the adopted chapter;

or (ii) a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316.

(49) "Multiple award contracts" means the award of a contract for an indefinite quantity of a procurement item to more than one person.

(50) "Multiyear contract" means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract.

(51) "Municipality" means a city or town.

(52) "Nonadopting local government procurement unit" means:

(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, General Provisions Related to Protest or Appeal;

and (b) each office or agency of a county or municipality described in Subsection (52)(a).

(53) "Offeror" means a person who submits a proposal in response to a request for proposals.

(54) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter.

(55) "Procure" means to acquire a procurement item through a procurement.

(56) "Procurement" means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a - 21 - S.B.

192 Enrolled Copy public-private partnership.

(57) "Procurement item" means an item of personal property, a technology, a service, or a construction project.

(58) "Procurement official" means:

(a) for a procurement unit other than an independent procurement unit, the chief procurement officer;

(b) for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;

(c) for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule;

(d) for a local government procurement unit:

(i) the legislative body of the local government procurement unit;

or (ii) an individual or body designated by the local government procurement unit;

(e) for a special district, the board of trustees of the special district or the board of trustees' designee;

(f) for a special service district, the governing body of the special service district or the governing body's designee;

(g) for a local building authority, the board of directors of the local building authority or the board of directors' designee;

(h) for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee;

(i) for a public corporation, the board of directors of the public corporation or the board of directors' designee;

(j) for a school district or any school or entity within a school district, the board of the school district or the board's designee;

(k) for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body;

(l) for an institution of higher education described in Section 53H-1-102, the president of the institution of higher education or the president's designee;

(m) for the State Board of Education, the State Board of Education or the State Board of Education's designee;

(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education;

(o) for the Utah Communications Authority, established in Section 63H-7a-201, the - 22 - Enrolled Copy S.B.

192 executive director of the Utah Communications Authority or the executive director's designee;

or (p)(i) for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee;

(ii) for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee;

(iii) for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee;

(iv) for the Department of Health and Human Services, and only to the extent of the procurement activities of the Department of Health and Human Services as an independent procurement unit, the executive director of the Department of Health and Human Services or the executive director's designee;

or (v) for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee.

(59) "Procurement unit" means:

(a) a legislative procurement unit;

(b) an executive branch procurement unit;

(c) a judicial procurement unit;

(d) an educational procurement unit;

(e) the Utah Communications Authority, established in Section 63H-7a-201;

(f) a local government procurement unit;

(g) a special district;

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192 Enrolled Copy (h) a special service district;

(i) a local building authority;

(j) a conservation district;

or (k) a public corporation.

(60) "Professional service" means labor, effort, or work that requires specialized knowledge, expertise, and discretion, including labor, effort, or work in the field of:

(a) accounting;

(b) administrative law judge service;

(c) architecture;

(d) construction design and management;

(e) engineering;

(f) financial services;

(g) information technology;

(h) the law;

(i) medicine;

(j) psychiatry;

or (k) underwriting.

(61) "Project entity" means the same as that term is defined in Section 11-13-103.

(62) "Protest officer" means:

(a) for the division or an independent procurement unit:

(i) the procurement official;

(ii) the procurement official's designee who is an employee of the procurement unit;

or (iii) a person designated by rule made by the rulemaking authority;

or (b) for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division .

(63) "Public corporation" means the same as that term is defined in Section 63E-1-102.

(64) "Public entity" means the state or any other governmental entity within the state that expends public funds.

(65) "Public facility" means a building, structure, infrastructure, improvement, or other facility of a public entity.

(66) "Public funds" means money, regardless of its source, including from the federal government, that is owned or held by a procurement unit.

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192 (67) "Public transit district" means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act.

(68) "Public-private partnership" means an arrangement or agreement, occurring on or after January 1, 2017, between a procurement unit and one or more contractors to provide for a public need through the development or operation of a project in which the contractor or contractors share with the procurement unit the responsibility or risk of developing, owning, maintaining, financing, or operating the project.

(69) "Qualified vendor" means a vendor who:

(a) is responsible;

and (b) submits a responsive statement of qualifications under Section 63G-6a-410 that meets the minimum mandatory requirements, evaluation criteria, and any applicable score thresholds set forth in the request for statement of qualifications.

(70) "Real property" means land and any building, fixture, improvement, appurtenance, structure, or other development that is permanently affixed to land.

(71) "Request for information" means a nonbinding process through which a procurement unit requests information relating to a procurement item.

(72) "Request for proposals" means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference.

(73) "Request for proposals process" means the procurement process described in Part 7, Request for Proposals.

(74) "Request for statement of qualifications" means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference.

(75) "Requirements contract" means a contract:

(a) under which a contractor agrees to provide a procurement unit's entire requirements for certain procurement items at prices specified in the contract during the contract period;

and (b) that:

(i) does not require a minimum purchase amount;

or (ii) provides a maximum purchase limit.

(76) "Responsible" means being capable, in all respects, of:

(a) meeting all the requirements of a solicitation;

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192 Enrolled Copy (b) fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract.

(77) "Responsive" means conforming in all material respects to the requirements of a solicitation.

(78) "Rule" includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit.

(79) "Rulemaking authority" means:

(a) for a legislative procurement unit, the Legislative Management Committee;

(b) for a judicial procurement unit, the Judicial Council;

(c)(i) only to the extent of the procurement authority expressly granted to the procurement unit by statute:

(A) for the facilities division, the facilities division;

(B) for the Office of the Attorney General, the attorney general;

(C) for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation;

(D) for the Department of Health and Human Services, the executive director of the Department of Health and Human Services;

and (E) for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity;

and (ii) for each other executive branch procurement unit, the board;

(d) for a local government procurement unit:

(i) the governing body of the local government unit;

or (ii) an individual or body designated by the local government procurement unit;

(e) for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter;

(f) for an institution of higher education, the Utah Board of Higher Education;