2006 Utah Code - 63-56-102 — Application of chapter.

     63-56-102.   Application of chapter.
     (1) This chapter applies only to contracts solicited or entered into after the effective date of this chapter unless the parties agree to its application to a contract solicited or entered into prior to the effective date.
     (2) Except as provided in Section 63-56-103, this chapter shall apply to every expenditure of public funds irrespective of their source, including federal assistance, by any state agency under any contract.
     (3) (a) Only the following sections shall apply to local public procurement units: Sections 63-56-103, 63-56-105, 63-56-301, 63-56-303 through 63-56-420, 63-56-422, 63-56-501 through 63-56-602, 63-56-801 through 63-56-806, and 63-56-815 through 63-56-819; provided, however, that, except as provided in Sections 63-56-906 and 63-56-907, the jurisdiction of the procurement appeals board is limited to matters involving state agencies.
     (b) Subsections 63-56-208(1)(b), 63-56-503(4), and 63-56-504(2) also apply to local public procurement units.
     (c) For the purpose of application of those sections and subsections to a local public procurement unit, "state" shall mean "local public procurement unit," "chief procurement officer" or "head of a purchasing agency" shall mean any person conducting procurement for a local public procurement unit, and "rules and regulations" shall mean ordinances and rules and regulations promulgated by a local public procurement unit to implement or supplement those sections.
     (d) In addition to the sections and subsections listed above and except as provided in Section 17A-1-801 relating to special districts, each local public procurement unit shall adopt ordinances relating to the procurement of architect-engineer services not inconsistent with the provisions of Part 7, Architect-Engineer Services.
     (e) Any other section of this chapter, or its implementing regulations, may be adopted by any local public procurement unit.
     (f) Any other implementing regulations adopted by local public procurement units may not be inconsistent with the provisions of this chapter.
     (4) Unless otherwise provided by statute, this chapter does not apply to procurement of real property.

Renumbered and Amended by Chapter 25, 2005 General Session