Enrolled Copy H.B. 471
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Transportation Procurement Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin Roberts
Senate Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill addresses procurements by the Department of Transportation.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ authorizes the Department of Transportation to utilize types of cooperative purchasing
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agreements for the procurement of transit vehicles; and
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▸ makes technical corrections.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63G-6a-107.6, as last amended by Laws of Utah 2024, Chapters 291, 522
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63G-6a-109, as last amended by Laws of Utah 2022, Chapter 421
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63G-6a-107.6 is amended to read:
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63G-6a-107.6 . Exemptions from chapter.
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(1) Except for this Subsection (1), the provisions of this chapter do not apply to:
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(a) a public entity's acquisition of a procurement item from another public entity; or
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(b) a public entity that is not a procurement unit, including the Colorado River Authority
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of Utah as provided in Section 63M-14-210.
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(2) Unless otherwise provided by statute and except for this Subsection (2), the provisions H.B. 471 Enrolled Copy
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of this chapter do not apply to the acquisition or disposal of real property or an interest
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in real property.
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(3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the
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provisions of this chapter do not apply to:
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(a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
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Act;
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(b) a grant;
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(c) medical supplies or medical equipment, including service agreements for medical
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equipment, obtained by the University of Utah Hospital or the Department of Health
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and Human Services through a purchasing consortium if:
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(i) the consortium uses a competitive procurement process; and
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(ii) the chief administrative officer of the hospital or the executive director of the
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Department of Health and Human Services, as the case may be, makes a written
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finding that the prices for purchasing medical supplies and medical equipment
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through the consortium are competitive with market prices;
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(d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
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and State Lands, created in Section 65A-1-4, through the federal General Services
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Administration or the National Fire Cache system;
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(e) supplies purchased for resale to the public;
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(f) activities related to the management of investments by a public entity granted
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investment authority by law; or
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(g) activities of the Utah water agent appointed under Section 73-10g-702;
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(h) transit vehicles procured by the Department of Transportation through a purchasing
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consortium, cooperative purchasing agreement, or an interagency agreement if:
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(i) the contracting party for the acquisition of the transit vehicle from the vendor is:
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(A) a public entity;
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(B) another state government; or
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(C) a public transit district in another state;
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(ii) the transit vehicle is intended to be used for, or in connection with, a public
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transit service within the state; and
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(iii) the procurement of the transit vehicle is in the best interest of the state.
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(4) This chapter does not supersede the requirements for retention or withholding of
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construction proceeds and release of construction proceeds as provided in Section 13-8-5.
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(5) Except for this Subsection (5), the provisions of this chapter do not apply to a
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procurement unit's hiring a mediator, arbitrator, or arbitration panel member to
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participate in the procurement unit's dispute resolution efforts.
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Section 2. Section 63G-6a-109 is amended to read:
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63G-6a-109 . Issuing procurement unit and conducting procurement unit.
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(1) With respect to a procurement by an executive branch procurement unit, except for a
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procurement by an executive branch procurement unit that, under [Subsection
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63G-6a-103(38)(b), (c), (d), or (e)] Section 63G-6a-103, is [designated] defined as an
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independent procurement unit:
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(a) the division is the issuing procurement unit; and
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(b) the executive branch procurement unit is the conducting procurement unit and is
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responsible to ensure that the procurement is conducted in compliance with this
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chapter.
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(2) With respect to a procurement by any other procurement unit, the procurement unit is
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both the issuing procurement unit and the conducting procurement unit.
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(3) A conducting procurement unit is responsible for contract administration.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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