Chapter 1 Department of Administrative Services



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Title 63A. Utah Administrative Services Code


Chapter 1
Department of Administrative Services



Part 1
General Provisions



63A-1-101 Short title.

          This title is known as the “Utah Administrative Services Code.”




Renumbered and Amended by Chapter 212, 1993 General Session



63A-1-102 Purposes.

          The department shall:

(1) provide specialized agency support services commonly needed;

(2) provide effective, coordinated management of state administrative services;

(3) serve the public interest by providing services in a cost-effective and efficient manner, eliminating unnecessary duplication;

(4) enable administrators to respond effectively to technological improvements;

(5) emphasize the service role of state administrative service agencies in meeting the service needs of user agencies;

(6) use flexibility in meeting the service needs of state agencies; and

(7) protect the public interest by insuring the integrity of the fiscal accounting procedures and policies that govern the operation of agencies and institutions to assure that funds are expended properly and lawfully.


Renumbered and Amended by Chapter 212, 1993 General Session



63A-1-103 Definitions.

          As used in this title:

(1) “Agency” means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state.

(2) “Department” means the Department of Administrative Services.

(3) “Executive director” means the executive director of the Department of Administrative Services.


Amended by Chapter 292, 2014 General Session



63A-1-104 Creation of department.

          There is created within state government the Department of Administrative Services, to be administered by an executive director.




Renumbered and Amended by Chapter 212, 1993 General Session



63A-1-105 Appointment of executive director -- Compensation.

(1) The governor shall:

(a) appoint the executive director with the consent of the Senate; and

(b) establish the executive director’s salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.

(2) The executive director shall serve at the pleasure of the governor.


Amended by Chapter 176, 2002 General Session



63A-1-105.5 Rulemaking authority of executive director.

          The executive director shall, upon the recommendation of the appropriate division directors, make rules consistent with state and federal law, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing:

(1) administrative services; and

(2) the provision and use of administrative services furnished to state agencies and institutions.


Amended by Chapter 382, 2008 General Session



63A-1-106 Federal assistance -- Acceptance -- Approval of applications -- Expenditures necessary for eligibility.

(1) The executive director with the approval of the governor may accept on behalf of the state, and bind the state by that acceptance, any fund or service, advanced, offered, or contributed in whole or in part by the federal government for purposes consistent with the powers and duties of the department.

(2) All applications for federal grants or other federal assistance in support of any program of the department are subject to the approval of the executive director.

(3) If any executive or legislative provisions of the federal government require the expenditure of state funds as a condition to participation by the state in any fund, property, or service, the executive director, with the governor’s approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by the department.


Renumbered and Amended by Chapter 212, 1993 General Session



63A-1-107 Administrative support to building board and building ownership authority.

          The executive director shall provide administrative support and staff services to the State Building Board and the State Building Ownership Authority.




Renumbered and Amended by Chapter 212, 1993 General Session



63A-1-108 Powers and duties of other agencies assigned to executive director.

          Powers and duties assigned by other provisions of this title to the Division of Finance, the State Building Board, or other agencies or divisions of the department, and not specifically assigned by this chapter, shall be assigned to the executive director with the approval of the governor.




Amended by Chapter 169, 2005 General Session



63A-1-109 Divisions of department -- Administration.

(1) The department shall be composed of the following divisions:

(a) administrative rules;

(b) archives and records;

(c) facilities construction and management;

(d) finance;

(e) fleet operations;

(f) state purchasing and general services; and

(g) risk management.

(2) Each division shall be administered and managed by a division director.


Amended by Chapter 79, 2011 General Session
Amended by Chapter 265, 2011 General Session



63A-1-109.5 Department authority to operate a division as an internal service fund agency.

          Subject to Section 63A-1-114 and provisions governing internal service funds or internal service fund agencies under Title 63J, Chapter 1, Budgetary Procedures Act, the department may operate a division described in Section 63A-1-109 as an internal service fund agency.




Amended by Chapter 79, 2011 General Session



63A-1-111 Service plans established by each division -- Contents -- Distribution.

(1) Each division of the department shall formulate and establish service plans for each fiscal year.

(2) The service plans shall describe:

(a) the services to be rendered to state agencies;

(b) the methods of providing those services;

(c) the standards of performance; and

(d) the performance measures used to gauge compliance with those standards.

(3) Before the beginning of each fiscal year, the service plans shall be distributed to each state agency and institution that uses the services provided by that division.


Renumbered and Amended by Chapter 212, 1993 General Session



63A-1-112 Certificates of participation -- Legislative approval required -- Definition -- Exception.

(1)

(a) Certificates of participation for either capital facilities or capital improvements may not be issued by the department, its subdivisions, or any other state agency after July 1, 1985, without prior legislative approval.

(b) Nothing in this section affects the rights and obligations surrounding certificates of participation that were issued prior to July 1, 1985.

(2)

(a) As used in this section, “certificate of participation” means an instrument that acts as evidence of the certificate holder’s undivided interest in property being lease-purchased, the payment on which is subject to appropriation by the Legislature.

(b)

(i) As used in this Subsection (2)(b), “performance efficiency agreement” means the same as that term is defined in Section 63A-5-701.

(ii) “Certificate of participation” does not include a performance efficiency agreement.


Amended by Chapter 181, 2015 General Session



63A-1-113 Agency exempt from title.

          The Utah Housing Corporation is exempt from this title.




Amended by Chapter 71, 2005 General Session



63A-1-114 Rate committee -- Membership -- Duties.

(1)

(a) There is created a rate committee which shall consist of:

(i) the executive director of the Governor’s Office of Management and Budget, or a designee;

(ii) the executive directors of three state agencies that use services and pay rates to one of the department internal service funds, or their designee, appointed by the governor for a two-year term;

(iii) the executive director of the Department of Administrative Services, or a designee;

(iv) the director of the Division of Finance, or a designee; and

(v) the chief information officer.

(b)

(i) The committee shall elect a chair from its members, except that the chair may not be from an agency that receives payment of a rate set by the committee.

(ii) Members of the committee who are state government employees and who do not receive salary, per diem, or expenses from their agency for their service on the committee shall receive no compensation, benefits, per diem, or expenses for the members’ service on the committee.

(c) The Department of Administrative Services shall provide staff services to the committee.

(2)

(a) A division described in Section 63A-1-109 that manages an internal service fund shall submit to the committee a proposed rate and fee schedule for services rendered by the division to an executive branch entity or an entity that subscribes to services rendered by the division.

(b) The committee shall:

(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act;

(ii) review the proposed rate and fee schedules and may approve, increase, or decrease the rate and fee;

(iii) recommend a proposed rate and fee schedule for each internal service fund to:

(A) the Governor’s Office of Management and Budget; and

(B) the legislative appropriations subcommittees that, in accordance with Section 63J-1-410, approve the internal service fund agency’s rates, fees, and budget; and

(iv) review and approve, increase or decrease an interim rate, fee, or amount when an internal service fund agency begins a new service or introduces a new product between annual general sessions of the Legislature.

(c) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate, fee, or amount that has been approved by the Legislature.


Amended by Chapter 310, 2013 General Session



63A-1-116 Appointment of coordinator of resource stewardship -- Duties of the coordinator of resource stewardship.

(1) The executive director of the department shall appoint a state coordinator of resource stewardship and establish the coordinator of resource stewardship’s salary.

(2) The coordinator of resource stewardship shall report to the executive director or the executive director’s designee.

(3) The coordinator of resource stewardship shall:

(a) work with agencies to implement best practices and stewardship measures to improve air quality; and

(b) make an annual report on best practices and stewardship efforts to improve air quality to the Business and Labor Interim Committee and Natural Resources, Agriculture, and Environment Interim Committee.

(4) Each agency will retain absolute discretion whether or not to incorporate any of the practices or measures suggested by the coordinator.


Enacted by Chapter 292, 2014 General Session





Chapter 2
Division of Purchasing and General Services



Part 1
General Provisions



63A-2-101 Creation.

          There is created the Division of Purchasing and General Services within the Department of Administrative Services.




Amended by Chapter 252, 1997 General Session



63A-2-101.5 Definitions.

          As used in this chapter:

(1) “Division” means the Division of Purchasing and General Services created under Section 63A-2-101.

(2) “Federal surplus property” means surplus property of the federal government of the United States.

(3) “Information technology equipment” means equipment capable of downloading, accessing, manipulating, storing, or transferring electronic data, including:

(a) a computer;

(b) a smart phone, electronic tablet, personal digital assistant, or other portable electronic device;

(c) a digital copier or multifunction printer;

(d) a flash drive or other portable electronic data storage device;

(e) a server; and

(f) any other similar device.

(4) “Person with a disability” means a person with a severe, chronic disability that:

(a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and

(b) is likely to continue indefinitely.

(5) “Property act” means the Federal Property and Administrative Services Act of 1949, 40 U.S.C. Sec. 549.

(6) “Purchasing director” means the director of the division appointed under Section 63A-2-102.

(7) “Smart phone” means an electronic device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, and text and email capabilities.

(8) “State agency” means any executive branch department, division, or other agency of the state.

(9) “State surplus property”:

(a) means state-owned property, whether acquired by purchase, seizure, donation, or otherwise:

(i) that is no longer being used by the state or no longer usable by the state;

(ii) that is out of date;

(iii) that is damaged and cannot be repaired or cannot be repaired at a cost that is less than the property’s value;

(iv) whose useful life span has expired; or

(v) that the state agency possessing the property determines is not required to meet the needs or responsibilities of the state agency;

(b) includes:

(i) a motor vehicle;

(ii) equipment;

(iii) furniture;

(iv) information technology equipment; and

(v) a supply; and

(c) does not include:

(i) real property;

(ii) an asset of the School and Institutional Trust Lands Administration, established in Section 53C-1-201;

(iii) a firearm or ammunition; or

(iv) an office or household item made of aluminum, paper, plastic, cardboard, or other recyclable material, without any meaningful value except for recycling purposes.

(10) “State surplus property contractor” means a person in the private sector under contract with the state to provide one or more services related to the division’s program for the management and disposition of state surplus property.


Amended by Chapter 98, 2015 General Session



63A-2-102 Director of division -- Appointment.

(1) The executive director shall appoint the director of the Division of Purchasing and General Services with the approval of the governor.

(2) The purchasing director is also the state’s chief procurement officer.


Amended by Chapter 98, 2015 General Session



63A-2-103 General services provided -- Subscription by state departments, state agencies, and certain local governmental entities -- Fee schedule.

(1) The purchasing director:

(a) shall operate, manage, and maintain:

(i) a central mailing service; and

(ii) an electronic central store system for procuring goods and services;

(b) shall, except when a state surplus property contractor administers the state’s program for disposition of state surplus property, operate, manage, and maintain the state surplus property program;

(c) shall, when a state surplus property contractor administers the state’s program for disposition of state surplus property, oversee the state surplus property contractor’s administration of the state surplus property program in accordance with Part 4, Surplus Property Services; and

(d) may establish microfilming, duplicating, printing, addressograph, and other central services.

(2)

(a) Each state agency shall subscribe to all of the services described in Subsection (1)(a), unless the director delegates the director’s authority to a state agency under Section 63A-2-104.

(b) An institution of higher education, school district, or political subdivision of the state may subscribe to one or more of the services described in Subsection (1)(a).

(3)

(a) The purchasing director shall:

(i) prescribe a schedule of fees to be charged for all services provided by the division after the purchasing director:

(A) submits the proposed rate, fees, or other amounts for services provided by the division’s internal service fund to the Rate Committee established in Section 63A-1-114; and

(B) obtains the approval of the Legislature, as required by Section 63J-1-504;

(ii) ensure that the fees are approximately equal to the cost of providing the services; and

(iii) annually conduct a market analysis of fees.

(b) A market analysis under Subsection (3)(a)(iii) shall include a comparison of the division’s rates with the fees of other public or private sector providers if comparable services and rates are reasonably available.


Amended by Chapter 98, 2015 General Session



63A-2-104 Delegation of general services to departments or agencies -- Writing required -- Contents -- Termination.

(1) The purchasing director, with the approval of the executive director, may delegate, in writing, the purchasing director’s authority to perform or control any general services function to another state agency by contract or other means authorized by law, if:

(a) in the judgment of the executive director, the state agency has requested the authority; and

(b) the state agency has the necessary resources and skills to perform or control the functions.

(2) The purchasing director may delegate the purchasing director’s authority only when the delegation would result in net cost savings or improved service delivery to the state as a whole.

(3) The written delegation shall contain:

(a) a precise definition of each function to be delegated;

(b) a clear description of the standards to be met in performing each function delegated;

(c) a provision for periodic administrative audits by the department; and

(d) a date on which the agreement shall terminate if not previously terminated or renewed.

(4) An agreement to delegate functions to a state agency may be terminated by the department if the results of an administrative audit conducted by the department reveal lack of compliance with the terms of the agreement.


Amended by Chapter 98, 2015 General Session



63A-2-105 Director to approve certain purchases.

(1) A state agency that intends to purchase any mail-related equipment or copy machine shall submit a purchase request to the purchasing director.

(2) The purchasing director shall review a request under Subsection (1) to ensure that:

(a) the authority to perform those functions has been appropriately delegated to the state agency under this part;

(b) the equipment meets proper specifications; and

(c) the benefits from the state agency’s purchase of the equipment outweigh the benefits of having the same functions performed by the division.


Amended by Chapter 98, 2015 General Session




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