DAR File No. 40030

Technology Services, Administration

Rule R895-5

Acquisition of Information Technology

Notice of Proposed Rule

(Amendment)

DAR File No.: 40030
Filed: 12/29/2015 11:28:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change of the rule is to remove "training". The department no longer performs this service. Also, the reason for the change of the rule is to remove "delegation of authority to make small purchases". All small purchases must be supervised and controlled by the CIO.

Summary of the rule or change:

The changes remove the word "training", and remove "delegate authority to make small technology purchases", and replace with "not require a business case for small purchases".

State statutory or constitutional authorization for this rule:

• Section 63G-3-201
• Section 63F-1-205

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because this change does not require additional effort from agencies involved.

local governments:

There is no anticipated cost or savings to local government because this change does not impact local government.

small businesses:

There is no anticipated cost or savings to small businesses because this change does not impact small businesses.

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

There is no anticipated cost or savings to other persons because this change does not impact others.

Compliance costs for affected persons:

There is no compliance costs for affected persons because this change does not require additional effort from agencies.

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

The change to the rule will have no fiscal impact on businesses.

Michael Hussey, CIO and Executive Director

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

Technology Services
Administration
Room 6000 STATE OFFICE BUILDING
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Stephanie Weteling at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@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:

02/16/2016

This rule may become effective on:

02/23/2016

Authorized by:

Michael Hussey, Executive Director and CIO

R895. Technology Services, Administration.

R895-5. Acquisition of Information Technology.

R895-5-1. Purpose.

The purpose of this rule is to identify the standards under which an agency of the executive branch must obtain approval from the Chief Information Officer before acquiring information technology and technology related services.

 

R895-5-2. Authority.

The rule is issued by the Chief Information Officer under the authority of Sections 63F-1-205 and 63F-1-206 of the Utah Technology Governance Act, and Section 63G-3-201 of the Utah Rulemaking Act, Utah Code.

 

R895-5-3. Scope of Application.

All agencies of the Executive Branch of State government, including its administrative sub-units, except the State Board of Education, the Board of Regents and institutions of higher education, and elective constitutional offices, are to be included within the scope of this rule.

 

R895-5-4. Definitions.

(1) "Hardware" means physical technology (i.e., equipment) used to process, manage, store, transmit, receive, or deliver information. This term also includes telephony products.

(2) "Small technology purchases" means a purchase, lease, or rental of hardware, software, and/or technology services that is estimated to be less than $50,000.

(3) "Software" means non-physical technology used to process, manage, store, transmit, receive, or deliver information. The term also includes all supporting documentation, media on which the software may be contained or stored, related materials, modifications, versions, upgrades, enhancements, updates, or replacements.

(4) "Technology services" means all the services, functions, and activities that facilitate the design, implementation, creation, or use of software, hardware, or telephony products. The term includes data acquisition, seat management, staffing augmentation, [training, ]maintenance, and subscription services.

 

R895-5-5. Purchase of Hardware, Software, and Technology Services.

(1) The Chief Information Officer (CIO) shall exercise general supervision and control over the purchase of all hardware, software, and technology services.

(2) The CIO may not require a business case for small technology purchases[delegate the authority to make small technology purchases. The delegation shall be in writing and may be limited as directed by the CIO].

(3) Purchase requirements for hardware, software, and technology services shall not be artificially divided so as to constitute a small technology purchase under this rule.

 

R895-5-6. Rule Compliance Management.

The CIO may monitor compliance of this rule within the State Executive Branch, and report any findings or violations of this rule to an agency's Executive Director or designee. A State Executive Branch agency's Executive Director, or designee, upon becoming aware of a violation of this rule shall provide the CIO a report of action(s) taken in response to violation of this rule.

 

KEY: IT standards, IT bid committee, technology best practices, technology purchases

Date of Enactment or Last Substantive Amendment: [October 11, 2006]2016

Notice of Continuation: April 27, 2011

Authorizing, and Implemented or Interpreted Law: 63F-1-205; 63G-3-201