DAR File No. 38521
This rule was published in the June 1, 2014, issue (Vol. 2014, No. 11) of the Utah State Bulletin.
Administrative Services, Purchasing and General Services
Rule R33-24
Unlawful Conduct
Notice of Proposed Rule
(New Rule)
DAR File No.: 38521
Filed: 05/13/2014 02:33:12 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this rule is to provide additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code, Title 63G, Chapter 6a. The reason for the new rule is because the Division of Purchasing and General Services is updating their rules to comply with the provisions of the Utah Procurement Code, and to match recent legislation (S.B. 179 from 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 provides additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code, Title 63G, Chapter 6a. The rule is being established to comply with the Utah Procurement Code, and to match recent legislation.
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 this rule simply provides additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code. If there is any impact, it is created by the statute. This rule merely implements the statute.
local governments:
Local governments' budgets will not be affected, because this rule simply provides additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code. 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 this rule simply provides additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code. 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 this rule simply provides additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code. 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 this rule simply provides additional requirements of unlawful conduct for procurement professionals, and is in compliance with the Utah Procurement Code. 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 ServicesPurchasing 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 abachman@utah.gov
- Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov
- Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov
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
RULE TEXT
R33. Administrative Services, Purchasing and General Services.
R33-24. Unlawful Conduct.
R33-24-101. Unlawful Conduct.
Unlawful conduct shall be governed in accordance with the requirements set forth in Sections 63G-6a-2401 through 2407. 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.
R33-24-102. Laws and Executive Orders Pertaining to Gifts, Meals, and Gratuities for Executive Branch Procurement Professionals.
(1) Each executive branch employee classified as a "Procurement Professional" shall be governed by:
(a) Part 24 of the Utah Procurement Code, "Unlawful Conduct and Penalties".
(b) Executive Order EO/003/2010 issued by the Governor ( https://rules.utah.gov/execdocs/2010/ExecDoc149415.htm);
(c) Title 67, Part 16 "Utah Public Officers' and Employees' Ethics Act";
(d) Section 76-8-103, "Bribery or Offering a Bribe"; and
(e) any other applicable law.
R33-24-103. Laws and Executive Orders Pertaining to Gifts, Meals, and Gratuities for Executive Branch Employees.
(1) Each executive branch employee not classified as a "Procurement Professional" shall be governed by:
(a) Executive Order EO/003/2010 issued by the Governor ( https://rules.utah.gov/execdocs/2010/ExecDoc149415.htm);
(c) Title 67, Part 16 "Utah Public Officers' and Employees' Ethics Act";
(d) Section 76-8-103, "Bribery or Offering a Bribe"; and
(e) any other applicable law.
R33-24-104. Socialization With Vendors and Contractors.
(1) A procurement professional shall not:
(a) participate in social activities with vendors or contractors that may interfere with the proper performance of the procurement professional's duties;
(b) participate in social activities with vendors or contractors that may lead to unreasonably frequent disqualification of the procurement professional from the procurement process; or
(c) participate in social activities with vendors or contractors that would appear to a reasonable person to undermine the procurement professional's independence, integrity, or impartiality.
KEY: executive branch employees, procurement code, procurement professionals, unlawful conduct
Date of Enactment or Last Substantive Amendment: 2014
Authorizing, and Implemented or Interpreted Law: 63G-6a
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov; Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov; Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.