Utah Courts
UCJA Rule 3-412 (Code of Judicial Administration)
UCJA Rule 3-412 (Code of Judicial Administration)
The Utah Code of Judicial Administration Chapters 11-15 have been moved to the Supreme Court Rules of Professional Practice Chapters 1-5
Rule 3-412. Procurement of goods and services.
Intent:
To establish policies and procedures for the procurement of goods and services in the judicial branch.
Applicability:
This rule applies to the judiciary's expenditure of funds appropriated by the legislature.
Statement of the Rule:
(1) Definitions. All terms are defined as provided in the Utah Procurement Code.
(2) Chief procurement officer. The state court administrator is the chief procurement officer for the judicial branch.
(3) Procurement officers.The state court administrator may designate others to serve as procurement officers for various parts of the judiciary.
(4) Compliance with the law - Conflicts. The judiciary must comply with the Utah Procurement Code. The state court administrator, a designee, or a procurement officer may enter into a contract or make a written determination as provided in this Code and the Accounting Manual. Any conflicts between the Accounting Manual and this rule will be resolved in favor of this rule.
(5) Procurement limits and procedures.
(5)(A) Small purchase limit. Subject to the availability of funds, the deputy state court administrator, court level administrators, trial court executives, and directors in the Administrative Office are authorized to approve and enter into contracts for the procurement of supplies, services, or construction on behalf of their department or courts when the contract is under the small purchase thresholds of up to $5,000 per individual item or $10,000 per overall purchase. Court Purchasing will advise individuals granted purchasing authority under this paragraph to ensure compliance with this Code, court policies, the Accounting Manual, and the Utah Procurement Code.
(5)(B) Professional services and outside counsel. The small purchase limit for professional services and consultants is a maximum of $100,000 per project. The purchaser must review the qualifications of a minimum of three providers, rank them, and begin direct fee negotiations with the highest-ranked provider. The procurement of outside legal counsel, litigation-related consultants, expert witnesses, and litigation support services must be approved by the Council. The procurement of such services may be processed as a small purchase up to a maximum of $250,000 per contract. Fees must be reasonable and within industry standards.
(5)(C) Court purchasing. Requests to enter into contracts greater than $5,000 per individual item or $10,000 per overall purchase must be directed to Court Purchasing. Court Purchasing will coordinate all procedures for such purchases as required by this Code, court policies, the Accounting Manual, and the Utah Procurement Code.
(5)(D) Approval. Purchases under paragraphs (5)(B) and (5)(C) must be approved by the state court administrator or a designee. General Counsel must approve such contracts as to form and legal sufficiency. The Finance Director must approve such contracts as to the availability of funds. Other provisions for contract management in this Code must be followed if applicable to a particular contract.
(5)(E) Threshold exceptions.The professional service threshold and thresholds in paragraphs (5)(A) and (5)(C) may be exceeded if the state court administrator gives written authorization. A threshold for outside counsel or litigation-related services may be exceeded with written authorization from the Council. All written authorizations must include the reasons for exceeding the threshold.
(6) Exceptions to standard procurement processes.
(6)(A) Written determination. The chief procurement officer or a designee may award a contract without engaging in a standard procurement process if the chief procurement officer or designee determines in writing that a statutory exception or paragraph (6)(B) applies.
(6)(B) Impracticality. Circumstances that make a standard procurement process impractical and not in the best interest of the judiciary include:
(6)(B)(i) retaining outside legal counsel or litigation support services;
(6)(B)(ii) securing conference and convention facilities with unique or specialized amenities, abilities, location, or services; or
(6)(B)(iii) other circumstances where strict compliance would compromise court security, legal strategy, or confidentiality.
(6)(C) Public notice. With written authorization from the state court administrator, public notice of the intent to award a contract without engaging in a standard procurement process for purchases exceeding $50,000 may be waived for the following procurements:
(6)(C)(i) speakers or trainers with unique or proprietary presentations or training materials;
(6)(C)(ii) circumstances set forth in paragraph (6)(B); or
(6)(C)(iii) other circumstances as determined in writing by the state court administrator or Council.
(7) Artificial divisions. Procurement requirements must not be artificially divided so as to avoid the provisions of this rule.
(8) State contracts. Court employees should check to see if items are available on state contract before making a purchase.
| Empty Table |
|---|