1. (1) Unless specifically stated otherwise, determinations under Title 63G, Chapter 6a, Utah Procurement Code and Title R33 shall be made by the procurement official.

2. (2) A determination by the procurement official shall be made:

   1. (a) in accordance with the provisions set forth in Sections 63G-6a-106 and 63G-6a-303 and other rules and laws if applicable; or

   2. (b) by applying the reasonable person standard to determine:

      1. (i) if the actions of a person involved in the procurement process would cause a reasonable person to conclude that the person has acted in violation of Title 63G, Chapter 6a, Utah Procurement Code, or Title R33;
      2. (ii) if the circumstances surrounding a procurement would cause a reasonable person to conclude that a violation of Title 63G, Chapter 6a, Utah Procurement Code, or Title R33 has occurred; or
      3. (iii) if the evidence presented would cause a reasonable person to conclude that certain facts associated with a procurement are true.

KEY: government purchasing, Utah procurement rules, general procurement provisions, definitions

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1)