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Section 2402 - Definitions.

UT Code § 63G-6a-2402 (2019) (N/A)
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(1) "Contract administration professional": (a) means an individual who: (i) is: (A) directly under contract with a procurement unit; or (B) employed by a person under contract with a procurement unit; and (ii) has responsibility in: (A) developing a solicitation or grant, or conducting the procurement process; or (B) supervising or overseeing the administration or management of a contract or grant; and (b) does not include an employee of the procurement unit.

(a) means an individual who: (i) is: (A) directly under contract with a procurement unit; or (B) employed by a person under contract with a procurement unit; and (ii) has responsibility in: (A) developing a solicitation or grant, or conducting the procurement process; or (B) supervising or overseeing the administration or management of a contract or grant; and

(i) is: (A) directly under contract with a procurement unit; or (B) employed by a person under contract with a procurement unit; and

(A) directly under contract with a procurement unit; or

(B) employed by a person under contract with a procurement unit; and

(ii) has responsibility in: (A) developing a solicitation or grant, or conducting the procurement process; or (B) supervising or overseeing the administration or management of a contract or grant; and

(A) developing a solicitation or grant, or conducting the procurement process; or

(B) supervising or overseeing the administration or management of a contract or grant; and

(b) does not include an employee of the procurement unit.

(2) "Contribution": (a) means a voluntary gift or donation of money, service, or anything else of value, to a public entity for the public entity's use and not for the primary use of an individual employed by the public entity; and (b) includes: (i) a philanthropic donation; (ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity; (iii) the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and (iv) the sponsorship of an event that is organized by the public entity.

(a) means a voluntary gift or donation of money, service, or anything else of value, to a public entity for the public entity's use and not for the primary use of an individual employed by the public entity; and

(b) includes: (i) a philanthropic donation; (ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity; (iii) the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and (iv) the sponsorship of an event that is organized by the public entity.

(i) a philanthropic donation;

(ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity;

(iii) the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and

(iv) the sponsorship of an event that is organized by the public entity.

(3) "Family member" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.

(4) "Governing body" means an administrative, advisory, executive, or legislative body of a public entity.

(5) "Gratuity": (a) means anything of value given: (i) without anything provided in exchange; or (ii) in excess of the market value of that which is provided in exchange; (b) includes: (i) a gift or favor; (ii) money; (iii) a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market; (iv) anything of value provided with an award, other than a certificate, plaque, or trophy; (v) employment; (vi) admission to an event; (vii) a meal, lodging, or travel; (viii) entertainment for which a charge is normally made; and (ix) a raffle, drawing for a prize, or lottery; and (c) does not include: (i) an item, including a meal in association with a training seminar, that is: (A) included in a contract or grant; or (B) provided in the proper performance of a requirement of a contract or grant; (ii) an item requested to evaluate properly the award of a contract or grant; (iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item; (iv) a meal provided by an organization or association, including a professional or educational association, an association of vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to solicitations; (v) a product sample submitted to a public entity to assist the public entity to evaluate a solicitation; (vi) a political campaign contribution; (vii) an item generally available to the public; or (viii) anything of value that one public agency provides to another public agency.

(a) means anything of value given: (i) without anything provided in exchange; or (ii) in excess of the market value of that which is provided in exchange;

(i) without anything provided in exchange; or

(ii) in excess of the market value of that which is provided in exchange;

(b) includes: (i) a gift or favor; (ii) money; (iii) a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market; (iv) anything of value provided with an award, other than a certificate, plaque, or trophy; (v) employment; (vi) admission to an event; (vii) a meal, lodging, or travel; (viii) entertainment for which a charge is normally made; and (ix) a raffle, drawing for a prize, or lottery; and

(i) a gift or favor;

(ii) money;

(iii) a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market;

(iv) anything of value provided with an award, other than a certificate, plaque, or trophy;

(v) employment;

(vi) admission to an event;

(vii) a meal, lodging, or travel;

(viii) entertainment for which a charge is normally made; and

(ix) a raffle, drawing for a prize, or lottery; and

(c) does not include: (i) an item, including a meal in association with a training seminar, that is: (A) included in a contract or grant; or (B) provided in the proper performance of a requirement of a contract or grant; (ii) an item requested to evaluate properly the award of a contract or grant; (iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item; (iv) a meal provided by an organization or association, including a professional or educational association, an association of vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to solicitations; (v) a product sample submitted to a public entity to assist the public entity to evaluate a solicitation; (vi) a political campaign contribution; (vii) an item generally available to the public; or (viii) anything of value that one public agency provides to another public agency.

(i) an item, including a meal in association with a training seminar, that is: (A) included in a contract or grant; or (B) provided in the proper performance of a requirement of a contract or grant;

(A) included in a contract or grant; or

(B) provided in the proper performance of a requirement of a contract or grant;

(ii) an item requested to evaluate properly the award of a contract or grant;

(iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item;

(iv) a meal provided by an organization or association, including a professional or educational association, an association of vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to solicitations;

(v) a product sample submitted to a public entity to assist the public entity to evaluate a solicitation;

(vi) a political campaign contribution;

(vii) an item generally available to the public; or

(viii) anything of value that one public agency provides to another public agency.

(6) "Hospitality gift": (a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin, trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and (b) does not include money, a meal, admission to an event for which a charge is normally made, entertainment for which a charge is normally made, travel, or lodging.

(a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin, trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and

(b) does not include money, a meal, admission to an event for which a charge is normally made, entertainment for which a charge is normally made, travel, or lodging.

(7) "Kickback": (a) means a negotiated bribe provided in connection with a procurement or the administration of a contract or grant; and (b) does not include anything listed in Subsection (5)(c).

(a) means a negotiated bribe provided in connection with a procurement or the administration of a contract or grant; and

(b) does not include anything listed in Subsection (5)(c).

(8) "Procurement" has the same meaning as defined in Section 63G-6a-103, but also includes the awarding of a grant.

(9) "Procurement professional": (a) means an individual who is an employee, and not an independent contractor, of a procurement unit, and who, by title or primary responsibility: (i) has procurement decision making authority; and (ii) is assigned to be engaged in, or is engaged in: (A) the procurement process; or (B) the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and (b) excludes: (i) any individual who, by title or primary responsibility, does not have procurement decision making authority; (ii) an individual holding an elective office; (iii) a member of a governing body; (iv) a chief executive of a public entity or a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the procurement process or the contract or grant administration process; (v) the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal; (vi) a university or college president, vice president, business administrator, or dean; (vii) a chief executive of a local district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act; (viii) an employee of a public entity with: (A) an annual budget of $1,000,000 or less; or (B) no more than four full-time employees; and (ix) an executive director or director of an executive branch procurement unit who: (A) by title or primary responsibility, does not have procurement decision making authority; and (B) is not assigned to engage in, and is not engaged in, the procurement process.

(a) means an individual who is an employee, and not an independent contractor, of a procurement unit, and who, by title or primary responsibility: (i) has procurement decision making authority; and (ii) is assigned to be engaged in, or is engaged in: (A) the procurement process; or (B) the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and

(i) has procurement decision making authority; and

(ii) is assigned to be engaged in, or is engaged in: (A) the procurement process; or (B) the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and

(A) the procurement process; or

(B) the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and

(b) excludes: (i) any individual who, by title or primary responsibility, does not have procurement decision making authority; (ii) an individual holding an elective office; (iii) a member of a governing body; (iv) a chief executive of a public entity or a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the procurement process or the contract or grant administration process; (v) the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal; (vi) a university or college president, vice president, business administrator, or dean; (vii) a chief executive of a local district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act; (viii) an employee of a public entity with: (A) an annual budget of $1,000,000 or less; or (B) no more than four full-time employees; and (ix) an executive director or director of an executive branch procurement unit who: (A) by title or primary responsibility, does not have procurement decision making authority; and (B) is not assigned to engage in, and is not engaged in, the procurement process.

(i) any individual who, by title or primary responsibility, does not have procurement decision making authority;

(ii) an individual holding an elective office;

(iii) a member of a governing body;

(iv) a chief executive of a public entity or a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the procurement process or the contract or grant administration process;

(v) the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal;

(vi) a university or college president, vice president, business administrator, or dean;

(vii) a chief executive of a local district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act;

(viii) an employee of a public entity with: (A) an annual budget of $1,000,000 or less; or (B) no more than four full-time employees; and

(A) an annual budget of $1,000,000 or less; or

(B) no more than four full-time employees; and

(ix) an executive director or director of an executive branch procurement unit who: (A) by title or primary responsibility, does not have procurement decision making authority; and (B) is not assigned to engage in, and is not engaged in, the procurement process.

(A) by title or primary responsibility, does not have procurement decision making authority; and

(B) is not assigned to engage in, and is not engaged in, the procurement process.

(10) "Public agency" has the same meaning as defined in Section 11-13-103, but also includes all officials, employees, and official representatives of a public agency, as defined in Section 11-13-103.

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Section 2402 - Definitions.