Superseded 7/1/2026
514 words·~2 min read·
/ut/title-63g/chapter-6a/7-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
Superseded 7/1/2026
63G-6a-107.6. Exemptions from chapter.
(1)Except for this Subsection
(1), this chapter does not apply to:
(a)a public entity's acquisition of a procurement item from another public entity;
(b)a public entity that is not a procurement unit, including the Colorado River Authority of Utah as provided in Section 63M-14-210 ; or
(c)the retention of experts by:
(i)the Public Service Commission under Subsection 54-1-6(1)(a)(iii) ;
(ii)the Division of Public Utilities under Subsection 54-4a-3(2)(b) ; and
(iii)the Office of Consumer Services under Title 54, Chapter 10a, Office of Consumer Services Act.
(2)Unless otherwise provided by statute and except for this Subsection
(2), this chapter does not apply to the acquisition or disposal of real property or an interest in real property, including the acquisition or lease of water or water rights for the Great Salt Lake.
(3)Except for this Subsection
(3)and Part 24, Unlawful Conduct and Penalties, this chapter does not apply to:
(a)funds administered under the Percent-for-Art Program of the Utah Percent-for-Art Act;
(b)a grant;
(c)medical supplies or medical equipment, including service agreements for medical equipment, obtained by the University of Utah Hospital or the Department of Health and Human Services through a purchasing consortium if:
(i)the consortium uses a competitive procurement process; and
(ii)the chief administrative officer of the hospital or the executive director of the Department of Health and Human Services, as the case may be, makes a written finding that the prices for purchasing medical supplies and medical equipment through the consortium are competitive with market prices;
(d)the purchase of firefighting supplies or equipment by the Division of Forestry, Fire, and State Lands, created in Section 65A-1-4 , through the federal General Services Administration or the National Fire Cache system;
(e)supplies purchased for resale to the public;
(f)activities related to the management of investments by a public entity granted investment authority by law; or
(g)activities of the Utah water agent appointed under Section 73-10g-702 ;
(h)transit vehicles procured by the Department of Transportation through a purchasing consortium, cooperative purchasing agreement, or an interagency agreement if:
(i)the contracting party for the acquisition of the transit vehicle from the vendor is:
(A)a public entity;
(B)another state government; or
(C)a public transit district in another state;
(ii)the transit vehicle is intended to be used for, or in connection with, a public transit service within the state; and
(iii)the procurement of the transit vehicle is in the best interest of the state.
(4)This chapter does not supersede the requirements for retention or withholding of construction proceeds and release of construction proceeds as provided in Section 13-8-5 .
(5)Except for this Subsection
(5), this chapter does not apply to a procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in the procurement unit's dispute resolution efforts.
Amended by Chapter 151 , 2025 General Session
Amended by Chapter 318 , 2025 General Session
Amended by Chapter 481 , 2025 General Session