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Rule3-412. Procurement of goods and services.

Intent:

To identify the respective responsibilitiesof the judiciary and the Department of Administrative Services in theprocurement of goods and services.

Applicability:

This rule shall apply to the judiciary'sexpenditure of funds appropriated by the legislature.

Statement of the Rule:

(1) Definitions. All terms are defined asprovided by the Utah Procurement Code, as amended, the Regulations of the UtahState Procurement Policy Board, as amended and the Division of Purchasing's Policies and Procedures. Any discrepancybetween the statutory definition and the definition contained in theregulations shall be controlled by the statutory definition.

(2) Purchasing authority. Under the UtahCode, the court administrator is the purchasing authority for the judiciary inthe expenditure of appropriated funds for the procurement of supplies,services, and construction.

(3) Procurement officers. The state courtadministrator may designate a procurement officer for the judiciary. Courtexecutives are the procurement officers for their courts. The state courtadministrator or a procurement officer may enter into contracts or make writtendeterminations with respect thereto as provided in this rule.

(4) Contracts to conform to statute andregulations.

(4)(A) All contracts for the procurement ofsupplies, services, or construction entered into, by or on behalf of thejudiciary, shall conform to the Utah Procurement Code, as amended, theRegulations of the Utah State Procurement Policy Board, as amended and theDivision of Purchasing's Policies and Procedures. Anydiscrepancy between the procedures provided for by statute and the proceduresprovided for by regulation shall be controlled by the statutory procedures.

(4)(B) Subject to the availability of funds,the state court administrator may establish within the administrative office aprocurement section that shall have the responsibility and authority asprovided by the Utah Procurement Code and the Regulations of the Utah StateProcurement Policy Board. Unless a procurement section is established, thejudiciary shall work with and through the Department of AdministrativeServices, Division of Purchasing in the procurement of supplies, services, orconstruction.

(5) Authority to contract.

(5)(A) Contracts for the procurement ofsupplies, services, or construction for an amount greater than $5000 shall beapproved by the state court administrator or his designated procurement officer.General counsel shall approve such contracts as to form and legal sufficiency,and the manager of finance shall approve such contracts as to availability offunds. Other provisions for contract management contained in this Code shall befollowed if they apply to the particular contract.

(5)(B) Requests to enter into contractsgreater than $5000 shall be directed to the appropriate state leveladministrator or the director of support services. The state leveladministrator or the director of support services shall coordinate allprocedures required by the Utah Procurement Code, as amended, the Regulationsof the Utah State Procurement Policy Board, as amended and the Division of Purchasing's Policies and Procedures. Before final award ofthe contract, the contract shall be approved pursuant to paragraph (5)(A).

(5)(C) Court executives are authorized toapprove and enter into contracts for the procurement of supplies, services, orconstruction on behalf of their courts when the amount of the contract is notgreater than $5000. Court executives may enter into such contracts subject tothe availability of funds and in accordance with paragraph (4) of this rule.

(5)(D) Procurement requirements shall not beartificially divided so as to avoid the provisions of this rule.