63G-6a-107.2. Application of chapter in general.
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Effective 5/12/2020
63G-6a-107.2. Application of chapter in general.
(1)Except as provided in Section 63G-6a-107.6 , this chapter applies to every procurement.
(2)Notwithstanding any other provision of this chapter:
(a)a procurement unit may administer a procurement in accordance with the requirements imposed by the source of the funds used to procure the procurement item; and
(b)if a procurement involves the expenditure of federal or state assistance, federal contract funds, local matching funds, or federal financial participation funds, the procurement unit shall comply with mandatory applicable federal or state law and regulations not reflected in this chapter.
(3)A procurement unit that is subject to this chapter may not obtain a procurement item unless:
(a)the procurement unit complies with:
(i)all applicable requirements of this chapter; and
(ii)the applicable rules that the rulemaking authority makes pursuant to this chapter; and
(b)if the procurement unit is not the division or an independent procurement unit, the procurement unit obtains the procurement item under the direction and approval of the division, unless otherwise provided by a rule made by the board.
Enacted by Chapter 257 , 2020 General Session