63G-6a-1209. Leases.
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/ut/title-63g/chapter-6a/63g-6a-1209·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/12/2020
63G-6a-1209. Leases.
(1)As used in this section, "lease" means for a procurement unit to lease or lease-purchase a procurement item from a person.
(2)This section does not apply to the lease of real property.
(3)A procurement unit may not lease a procurement item unless the procurement unit complies with the requirements of this section.
(4)A procurement unit may lease a procurement item if:
(a)the procurement officer determines that it is in the best interest of the procurement unit to lease the procurement item, after the procurement officer:
(i)investigates alternative means of obtaining the procurement item; and
(ii)considers the costs and benefits of the alternative means of obtaining the procurement item;
(b)all conditions for renewal and cost are included in the lease;
(c)the lease is awarded through a standard procurement process, or an exception to a standard procurement process described in Part 8, Exceptions to Procurement Requirements ;
(d)for a standard procurement process, the invitation for bids, request for proposals, or request for quotes states:
(i)that the procurement unit is seeking, or willing to consider, a lease; and
(ii)for a lease purchase, that the procurement unit is seeking, or willing to consider, a lease-purchase;
(e)the lease is not used to avoid competition; and
(f)the lease complies with all other provisions of law or rule applicable to the lease.
Amended by Chapter 354 , 2020 General Session