63G-6-104 - Application of chapter.
63G-6-104. Application of chapter.
(1) This chapter applies only to contracts solicited or entered into after the effective dateof this chapter unless the parties agree to its application to a contract solicited or entered intoprior to the effective date.
(2) Except as provided in Section 63G-6-105, this chapter shall apply to everyexpenditure of public funds irrespective of their source, including federal assistance, by any stateagency under any contract.
(3) (a) Only the following sections shall apply to local public procurement units:Sections 63G-6-103, 63G-6-105, 63G-6-301, 63G-6-303 through 63G-6-420, 63G-6-422,63G-6-501 through 63G-6-602, 63G-6-801 through 63G-6-806, and 63G-6-815 through63G-6-819; provided, however, that, except as provided in Sections 63G-6-906 and 63G-6-907,the jurisdiction of the procurement appeals board is limited to matters involving state agencies.
(b) Subsections 63G-6-208(1)(b), 63G-6-504(4), and 63G-6-505(2) also apply to localpublic procurement units.
(c) For the purpose of application of those sections and subsections to a local publicprocurement 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 localpublic procurement unit, and "rules and regulations" shall mean ordinances and rules andregulations promulgated by a local public procurement unit to implement or supplement thosesections.
(d) In addition to the sections and subsections listed above and except as provided inSubsection 17B-1-108(3) relating to local districts, each local public procurement unit shalladopt ordinances relating to the procurement of architect-engineer services not inconsistent withthe provisions of Part 7, Architect-Engineer Services.
(e) Any other section of this chapter, or its implementing regulations, may be adopted byany local public procurement unit.
(f) Any other implementing regulations adopted by local public procurement units maynot be inconsistent with the provisions of this chapter.
(4) Unless otherwise provided by statute, this chapter does not apply to procurement ofreal property.
Renumbered and Amended by Chapter 382, 2008 General Session