DAR File No. 38501

Administrative Services, Purchasing and General Services

Rule R33-2

Procurement Organization

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 38501
Filed: 05/13/2014 10:19:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the repeal and reenactment is because the Division of Purchasing and General Services is updating this rule to comply with the provisions of the Procurement Code, Title 63G, Chapter 6a, and to match recent legislation (S.B. 179 of the 2014 General Legislative Session, including S.B. 190 from the 2013 General Legislative Session, and S.B. 153 from the 2012 General Legislative Session).

Summary of the rule or change:

This rule states the rules of procedure for the Procurement Policy Board. The procedures in this rule are being updated to comply with the provisions in the Utah Procurement Code, Title 63G, Chapter 6a, and to match recent legislation. There are no new substantive changes in this rule.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

The state's budget will not be affected, because the change simply updates the procedures for the meetings of the Procurement Policy Board in this rule to comply with the provisions of the Utah Procurement Code, Title 63G, Chapter 6a, and to match recent legislation. If there is any impact, it is created by the statute. This rule merely implements the statute.

local governments:

Local governments' budgets will be affected, because the change simply updates the procedures for the meetings of the Procurement Policy Board in this rule to comply with the provisions of the Utah Procurement Code, and to match recent legislation. If there is any impact, it is created by the statute. This rule merely implements the statute.

small businesses:

Small businesses' budgets will not be affected, because the change simply updates the procedures for the meetings of the Procurement Policy Board in this rule to comply with the provisions of the Utah Procurement Code, and to match recent legislation. If there is any impact, it is created by the statute. This rule merely implements the statute.

persons other than small businesses, businesses, or local governmental entities:

No other person's budget will be affected, because the change simply updates the procedures for the meetings of the Procurement Policy Board in this rule to comply with the provisions of the Utah Procurement Code, and to match recent legislation. If there is any impact, it is created by the statute. This rule merely implements the statute.

Compliance costs for affected persons:

There are no compliance costs for any person, because the change simply updates the procedures for the meetings of the Procurement Policy Board in this rule to comply with the provisions of the Utah Procurement Code, and to match recent legislation. If there is any impact, it is created by the statute. This rule merely implements the statute.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. If there is any impact, it is created by the statute. This rule merely implements the statute.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [email protected]
• Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at [email protected]
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2014

This rule may become effective on:

07/08/2014

Authorized by:

Kent Beers, Director

R33. Administrative Services, Purchasing and General Services.

[R33-2. Procurement Organization.

R33-2-101. Delegation of Authority of the Chief Procurement Officer.

The Chief Procurement Officer may delegate in writing any authority Pursuant to Section 63G-6-205 as deemed appropriate to any employees of the office of the Chief Procurement Officer or of a purchasing agency, respectively. These delegations shall remain in effect unless modified or until revoked in writing.

 

R33-2-102. Authority to Make Small Purchases.

(1) General. The Chief Procurement Officer may delegate to the head of any using agency the authority to make a purchase expected to be less than $50,000 for supplies and services. This delegation shall be in writing and may be limited as the Chief Procurement Officer directs.

(2) Purchasing Agencies Shall Make Small Purchases Pursuant to Rules. Purchasing agencies shall exercise authority as may be delegated, and such small purchases shall be made pursuant to subpart 3-3 of part 3 of these rules.

 

R33-2-103. Authority of Procurement Officers.

Procurement officers may take any action of a procurement nature to advance economic well-being and efficient operation of the state or agency so long as that action is not in conflict with the Utah Procurement Code or the Utah Procurement Rules.]

R33-2. Rules of Procedure for Procurement Policy Board.

R33-2-1. Purpose.

The purpose of this Rule R33-2 is to establish procedures for the meetings of the Procurement Policy Board. All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

 

R33-2-2. Authority.

This Rule R33-2 is authorized under Subsection 63G-6a-202(5) which directs that the Procurement Policy Board "adopt rules of procedure for conducting its business." The Procurement Policy Board is also authorized to make rules under Section 63G-6a-203 et. seq.

 

R33-2-3. Definitions.

All definitions in the Utah Procurement Code, Title 63G, Chapter 6a, Utah Code, shall apply to this Rule R33-2. In addition the following definitions shall apply to this Rule R33-2:

(1) "Attendance" means a person attending a Board meeting, either in person or through electronic means as authorized by this Rule.

(2) "Board" means the Procurement Policy Board established under Section 63G-6a-202.

(3) "Chair" means the person elected as Chair of the Board pursuant to Subsection 63G-6a-202(5)(a)(ii).

(4) "Chief Procurement Officer" means the Chief Procurement Officer as defined in the Utah Procurement Code.

(5) "Director" means the Director of the Division of Purchasing and General Services or a duly authorized designee.

(6) "Division" means the Division of Purchasing and General Services.

(7) "Electronic meeting" is as defined in Section 52-4-103.

(8) "Open and Public Meetings Act" means those laws provided by Title 52, Chapter 4, Utah Code.

(9) "Presiding Officer" means the Chair or designee.

 

R33-2-4. Composition of Board.

(1) The Board consists of fifteen voting members, as well as a nonvoting secretary appointed by the Chief Procurement Officer, who must be an employee of the Division.

(2) The secretary shall not be considered as part of the quorum requirement for Board meetings or determinations.

 

R33-2-5. Calling Meetings.

The Chair or any three voting members may call meetings of the Board. The Executive Director of the Department of Administrative Services or Director may also call a meeting.

 

R33-2-6. Chair, Presiding Officer and Basic Responsibilities.

(1) The Chair shall be the Presiding Officer at all Board meetings.

(2) The Chair may designate, either because of unavailability or any other reason, an alternate Presiding Officer, who is a member of the Board.

(3) The Presiding Officer may make motions and have a vote on each matter before the Board. The Presiding Officer may second motions.

(4) Unless otherwise directed by vote of the Board, the Presiding Officer shall be responsible for the operation of the meeting, shall have control over the items on the agenda, the order of the agenda, time limits that are needed, and other matters that relate to the orderly running of the meeting. Notwithstanding this, the Director or any three voting members may also place items on the Board agenda.

(5) The Chair shall be elected by the Board and serve for one year. The Chair may be elected to succeeding terms.

 

R33-2-7. Secretary to the Board.

(1) The Chief Procurement Officer shall appoint an employee of the Division to serve as Secretary to the Board. The Secretary shall be present at each meeting of the Board, shall provide the posting of notice, minutes, any required recording, and all secretarial related requirements related to the Open and Public Meetings Act. The Secretary shall coordinate with others as needed for compliance with the Open and Public Meetings Act.

(2) The Secretary shall maintain a record of Board meetings which shall include minutes, agendas and submitted documents, including those submitted electronically, that shall be available at reasonable times to the public.

 

R33-2-8. Meetings.

Meetings are generally held in the conference room of the Division of Purchasing and General Services, 3rd floor, State Office Building, Capitol Hill, in Salt Lake City, Utah. The date, time and location may be identified or modified by the Chair and Director at any time when it is in the interest of the Board and the public.

 

R33-2-9. Compliance with Open and Public Meetings Act.

All meetings of the Board shall be conducted in accordance with the Open and Public Meetings Act. All meetings are open to the public unless closed in whole or in part pursuant to the requirements of the Open and Public Meetings Act.

 

R33-2-10. Notice and Agenda.

(1) Notice shall be given of all meetings in accordance with the Open and Public Meetings Act.

(2) The Director or Presiding Officer may determine items to be placed on the agenda. A vote of the Board may also place an item on an agenda for a future meeting. Board members may also contact the Chair or Director to request that an item be placed on the agenda.

(3) The order of business shall be in the order placed on the agenda, unless the Presiding Officer or vote of the Board alters the order of business and there is no prejudice to interested persons.

(4) Members of the Board, the Division, governmental agencies and the public may submit a request to the Secretary to the Board that an item be placed on the agenda subject to review and approval by the Presiding Officer or Director.

(5) Each agenda shall include an agenda item that allows board members to request that an item be placed on a future agenda.

 

R33-2-11. Attendance, Quorum and Voting.

(1) Eight members of the Board are required for a quorum to transact business.

(2) For any determination of the Board, it must be approved by a majority vote of those voting members present and it must receive an affirmative vote from at least five members.

(3) Voting shall be expressed publicly when called for by the Presiding Officer. An affirmative vote shall be recorded for all Board members present that neither vote negatively nor specifically abstain. The number of affirmative, negative and abstaining votes shall be announced by the Presiding Officer, and the vote of each member shall be recorded by the Secretary.

(4) Members must be in attendance, either in person or by electronic means in accordance with this Rule, in order to vote.

 

R33-2-12. Motions, Second to a Motion, Discussion, Continuances and Resolutions.

(1) Any voting member may make or second a motion.

(2) Items may be continued to any subsequent meeting by vote of the Board.

(3) A second to a motion is required prior to discussion by Board members.

(4) After a motion is seconded, the Presiding Officer shall ask for discussion of the matter. The Presiding Officer shall call upon those who request to discuss the matter. The Presiding Officer retains the authority to place reasonable restrictions on the discussion to assure that the discussion is orderly and relevant to the motion. After the discussion, or if no Board member desires to discuss the matter, the Board shall proceed to vote on the matter without the need for a formal call to question.

(5) The Board may enact resolutions.

 

R33-2-13. Committees and Appeals Panel.

The Board Chair may appoint committees to investigate or report on any matter which is of concern to the Board. The appointment of an Appeals Panel is described in Rule R33-17.

 

R33-2-14. Order at Meetings.

(1) The Presiding Officer shall preserve order and decorum at all meetings of the Board and shall determine questions of order, which may be subject to a vote of the Board.

(2) A person or persons creating a disturbance or otherwise obstructing the orderly process of a Board meeting may be ordered to leave the meeting.

 

R33-2-15. Rules of Order.

All matters not covered by this Rule R33-2 shall be determined by Robert's Rules of Order, latest published edition; an abbreviated edition of Robert's Rules of Order as determined by the Presiding Officer; or abbreviated procedures as determined by the Presiding Officer.

 

R33-2-16. Electronic Meetings.

(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. This Rule R33-2 establishes procedures for conducting Board meetings by electronic means.

(2) Procedure. The following provisions govern any meeting at which one or more Board members appear electronically pursuant to Section 52-4-207:

(a) If one or more members of the Board desire to participate electronically, such member(s) shall contact the Director or Secretary. The Director shall assess the practicality of facility requirements needed to conduct the meeting electronically in a manner that allows for the attendance, participation and monitoring as required by this Rule. If it is practical, the Presiding Officer or Director shall determine whether to allow for such electronic participation, and the public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Board not participating electronically will be present and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location and be provided in accordance with the Open and Public Meetings Act. The anchor location is the physical location where the electronic meeting originates or where the participants are connected. The anchor location shall be identified in the public notice for the meeting. Unless otherwise designated in the notice, the anchor location shall be a room in the Utah State Capitol Hill Complex where the Board would normally meet if the Board was not holding an electronic meeting.

(c) Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting. In addition, the notice shall describe how a Board member may participate in the meeting electronically.

(d) When notice is given of the possibility of a Board member participating electronically, any Board member may do so and any voting Board member, whether at the anchor location or participating electronically, shall be counted as present for purposes of a quorum and may fully participate and vote. At the commencement of the meeting, or at such time as any Board member initially appears electronically, the Presiding Officer shall identify for the record all those who are participating electronically. Votes by members of the Board who are not at the anchor location of the meeting shall be confirmed by the Presiding Officer.

(e) The anchor location will have space and facilities so that interested persons and the public may attend, monitor and participate in the open portions of the meeting, as appropriate.

 

R33-2-17. Suspension of the Rules.

By a vote of the Board, and to the extent allowed by law, any requirement of this Rule R33-2-1 through R33-2-17 may be suspended when necessary to better serve the public in the conduct of a Board meeting.

 

KEY: government purchasing, Procurement Policy Board, rules of procedure

Date of Enactment or Last Substantive Amendment: [May 27, 2003]2014

Notice of Continuation: July 2, 2012

Authorizing, and Implemented or Interpreted Law: 63G-6a