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Section 35: Interaction Between Procurement Units


A procurement unit may enter into an agreement with one or more other procurement units to:

(1) sponsor, conduct, or administer a cooperative agreement for:

(A) the procurement of a procurement item, in accordance with the requirements of Section 35.3, Participation of Utah State University in agreements or contracts of Cooperative purchasing -- State cooperative contracts or

(B) the disposal of a procurement item;

(2) cooperatively use a procurement item;

(3) commonly used or shared warehousing facilities, capital equipment, and other facilities;

(4) provide personnel, if the receiving procurement unit pays the procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement; or

(5) make available informational, technical, and other services, if:

(A) the requirements of the procurement unit tendering the services have precedence over the procurement unit that receives the services; and

(B) the receiving procurement unit pays the expenses of the services provided, in accordance with the agreement.

(1) Upon request, a procurement unit may make services available to another procurement unit, including:

(A) standard forms;

(B) printed manuals;

(C) qualified products lists;

(D) source information;

(E) common use commodities listings;

(F) supplier prequalification information;

(G) supplier performance ratings;

(H) debarred and suspended bidders lists;

(I) forms for invitation for bid, requests for proposals, instructions to bidders, general contract provisions, and contract forms; or

(J) contracts or published summaries of contracts, including price and time of delivery information.

(2) A procurement unit may provide technical services to another procurement unit, including:

(A) development of specifications;

(B) development of quality assurance test methods, including receiving, inspection, and acceptance procedures;

(C) use of testing and inspection facilities; or

(D) use of personnel training programs.

(3) Procurement units may enter into contractual arrangements and publish a schedule of fees for the services provided under Subsections (1) and (2).

(1) The Vice President for Business and Finance may, in accordance with the requirements of this chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a cooperative procurement, with:

(A) another state;

(B) an external procurement unit; or

(C) a public entity in Utah or outside of Utah.

(2) A public entity may obtain a procurement item from a state cooperative contract or a contract awarded by the Vice President for Business and Finance under Subsection (1), without signing a participating addendum if the quote, invitation for bid, or request for proposal used to obtain the contract includes a statement indicating that the resulting contract will be issued on behalf of a public entity in Utah.

(3) Utah State University may:

(A) contract with the federal government without going through a standard procurement process or an exception to a standard procurement process, described in Section 18, Exceptions to Procurement Requirements, if the procurement item obtained under the contract is provided:

(i) directly by the federal government and not by a person contracting with the federal government; or

(ii) by a person under contract with the federal government that obtained the contract in a manner that substantially complies with the provisions of this chapter;

(B) participate in, sponsor, conduct, or administer a cooperative procurement with another Utah procurement unit or another public entity in Utah, if:

(i) each party unit involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;

(ii) the procurement is conducted, and the contract awarded, in accordance with the requirements of this chapter;

(iii) the request for quotes, the invitation for bid, or the request for proposal:

(a) clearly indicates that the procurement is a cooperative procurement; and

(b) identifies each party that may purchase under the resulting contract; and

(iv) each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract; or

(a) purchase under, or otherwise participate in, an agreement or contract of an external procurement unit, if:

1. each party involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;

2. the procurement was conducted in accordance with the requirements of this chapter;

3. the request for quotes, the invitation for bid, or the request for proposal:

A. clearly indicates that the procurement is a cooperative procurement; and

B. identifies each party that may purchase under the resulting contract; and

C. each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract.

(4) Utah State University may not obtain a procurement item under a contract that results from a cooperative procurement described in Subsection (4), if Utah State University:

(A) is not identified; or

(B) does not sign a participating addendum to the contract.

(5) Utah State University, may not obtain a procurement item under a contract held by the United States General Services Administration, unless, based upon documentation provided by the procurement unit, the Director of the State Division of Purchasing and General Services determines in writing that the United States General Services Administration procured the contract in a manner that substantially complies with the provisions of this chapter.