DAR File No. 40048

Administrative Services, Purchasing and General Services

Section R33-6-114

Technology Acquisitions for Executive Branch Procurement Units

Notice of Proposed Rule

(Amendment)

DAR File No.: 40048
Filed: 12/31/2015 02:03:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R33-6-114 is no longer needed as part of the rule. Sections R33-6-114 and R33-12-502 addressed the same issue, technology acquisitions. It was confusing to have this issue addressed in duplicate rules so the Board decided to delete Section R33-6-114. Additionally, Section R33-12-502 was rewritten to clarify recent issues pertaining to technology acquisitions. The Technology Advisory Board no longer meets or functions, as a result, the recommendation from the Division of Technology Services (DTS) was to have approvals made by the director of DTS. (DAR NOTE: The proposed amendment to Section R33-12-502 is under DAR No. 40047 in this issue, January 15, 2016, of the Bulletin.)

Summary of the rule or change:

Section R33-6-114 is being deleted from the rule.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings that are expected to the state budget. The changes to the rule simply removes the section on technology acquisitions for executive branch procurement units.

local governments:

There are no anticipated costs or savings that are expected to local government. Section R33-6-114 is being removed from the rule, and only applies to executive branch procurement units.

small businesses:

There are no anticipated costs or savings that are expected to small businesses. Small businesses are not affected by the amendment, as Section R33-6-114 only applies to executive branch procurement units, and said section is being removed from the rule.

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

There are no anticipated costs or savings that are expected to persons other than small businesses, businesses, or local government entities. Such persons are not affected by the amendment, as Section R33-6-114 only applies to executive branch procurement units, and said section is being removed from the rule.

Compliance costs for affected persons:

There are no anticipated compliance costs for the affected persons. The change to the rule is to delete the section on technology acquisitions for executive branch procurement units.

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

There are no anticipated fiscal impacts that the rule may have on businesses. Businesses are not affected by the removal of Section R33-6-114 as it only applies to executive branch procurement units ability to determine whether a new technology exists.

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 abachman@utah.gov
• Kent Beers at the above address, by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov
• Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@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:

Kent Beers, Director

R33. Administrative Services, Purchasing and General Services.

R33-6. Bidding.

[ R33-6-114. Technology Acquisitions for Executive Branch Procurement Units.

(1) For executive branch procurement units, the Invitation for Bids may state that at any time during the term of a contract, the acquiring agency may undertake a review in consultation with the Utah Technology Advisory Board and the Department of Technology Services to determine whether a new technology exists that is in the best interest of the acquiring agency, taking into consideration cost, life-cycle, references, current customers, and other factors and that the acquiring agency reserves the right to:

(a) negotiate with the contractor for the new technology, provided the new technology is substantially within the original scope of work;

(b) terminate the contract in accordance with the existing contract terms and conditions; or

(c) conduct a new procurement for an additional or supplemental contract as needed to take into account new technology.

(2) Subject to the provisions of Section 63G-6a-802, the trial use or testing of new technology may be permitted for a duration not to exceed the maximum time necessary to evaluate the technology.]

 

KEY: government purchasing, sealed bidding, multiple stage bidding, reverse auction

Date of Enactment or Last Substantive Amendment: [July 9, 2015]2016

Notice of Continuation: July 8, 2014

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