Utah Admin. Code 354-15-102

Current through Bulletin 2024-18, September 15, 2024

Section R354-15-102 - Definitions

Terms used in this rule are defined in Section R354-1-102, with the addition of:

(1) "Contract administration professional":

(a) means an individual who:

(i) directly under Contract with the CRAU; or

(ii) employed by a person under Contract with the CRAU; and

(A) has responsibility in: developing a Solicitation or Grant, or conducting the Procurement process; or

(B) supervising or overseeing the administration or management of a Contract or Grant; and

(b) does not include an employee of the CRAU.

(2) "Contribution":

(a) means a voluntary gift or donation of money, service, or anything else of value, to the CRAU for the CRAU's use and not for the primary use of an individual employed by the CRAU; and

(b) includes:

(i) a philanthropic donation;

(ii) admission to a seminar, Vendor fair, charitable event, fundraising event, or similar event that relates to the function of the CRAU;

(iii) the purchase of a booth or other display space at an event sponsored by the CRAU or a group of which the CRAU is a member; and

(iv) the sponsorship of an event that is organized by the CRAU.

(3) "Family member" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in- law, or daughter-in-law.

(4) "Governing body" means CRAU Board.

(5) "Gratuity":

(a) means anything of value given:

(i) without anything provided in exchange; or

(ii) in excess of the market value of that which is provided in exchange;

(b) includes:

(i) a gift or favor;

(ii) money;

(iii) a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market;

(iv) anything of value provided with an award, other than a certificate, plaque, or trophy;

(v) employment;

(vi) admission to an event;

(vii) a meal, lodging, or travel;

(viii) entertainment for which a charge is normally made; and

(ix) a raffle, drawing for a prize, or lottery; and

(c) does not include:

(i) an item, including a meal in association with a training seminar, that is:

(A) included in a Contract or Grant; or

(B) provided in the proper performance of a requirement of a Contract or Grant;

(ii) an item requested to evaluate properly the award of a Contract or Grant;

(iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a Procurement Item;

(iv) a meal provided by an organization or association, including a professional or educational association, an association of Vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to Solicitations;

(v) a product sample submitted to the CRAU to assist the CRAU to evaluate a Solicitation;

(vi) a political campaign contribution;

(vii) an item generally available to the public; or

(viii) anything of value that one public entity provides to another public entity.

(6) "Hospitality gift":

(a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin, trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and

(b) does not include money, a meal, admission to an event for which a charge is normally made, entertainment for which a charge is normally made, travel, or lodging.

(7) "Kickback":

(a) means a negotiated bribe provided in connection with a Procurement or the administration of a Contract or Grant; and

(b) does not include anything listed in Subsection (5)(c).

(8) "Procurement" has the same meaning as defined herein, but also includes the awarding of a Grant.

(9) "Procurement professional":

(a) means an individual who is an employee, and not an independent Contractor, of the CRAU, and who, by title or primary responsibility:

(i) has Procurement decision making authority; and

(ii) is assigned to be engaged in, or is engaged in:

(A) the Procurement process; or

(B) the process of administering a Contract or Grant, including enforcing Contract or Grant compliance, approving Contract or Grant payments, or approving Contract or Grant change orders or amendments; and

(b) excludes:

(i) any individual who, by title or primary responsibility, does not have Procurement decision making authority;

(ii) an individual holding an elective office;

(iii) a member of a governing body;

(iv) a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the Procurement process or the Contract or Grant administration process;

Utah Admin. Code R354-15-102

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021