63G-6-423 - Purchase of prison industry goods.
63G-6-423. Purchase of prison industry goods.
(1) All public procurement units shall purchase goods and services produced by the UtahCorrectional Industries Division as provided by this section, which is an exemption from thischapter. All political subdivisions of the state may purchase these goods and services and areencouraged to do so when feasible.
(2) By July 1 of each year, the director of the Utah Correctional Industries shall publishand distribute to all state agencies and interested political subdivisions a catalog of goods andservices provided by the Correctional Industries Division. The catalog shall include a descriptionand price of each item offered for sale. The catalog shall be updated and revised during the yearas the director considers necessary.
(3) (a) State departments, agencies, and institutions may not purchase any goods orservices provided by the Correctional Industries Division from any other source unless it hasbeen determined in writing by the director of Correctional Industries and the state procurementofficer or in the case of institutions of higher education, the institutional procurement officer, thatpurchase from the Correctional Industries Division is not feasible due to one of the followingcircumstances:
(i) the good or service offered by the division does not meet the reasonable requirementsof the purchasing agency;
(ii) the good or service cannot be supplied within a reasonable time by the division; or
(iii) the cost of the good or service, including basic price, transportation costs, and otherexpenses of acquisition, is not competitive with the cost of procuring the item from anothersource.
(b) In cases of disagreement, the decision may be appealed to a board consisting of thedirector of the Department of Corrections, the director of Administrative Services, and a neutralthird party agreed upon by the other two members or, in the case of institutions of highereducation, the president of the involved institution shall make the final decision.
Renumbered and Amended by Chapter 382, 2008 General Session