Section 63G-6a-2402 - DefinitionsAs used in this part:
(1) "Contract administration professional": (a) means an individual who: (i) is: (A) directly under contract with a procurement unit; or(B) employed by a person under contract with a procurement unit; and(ii) has responsibility in: (A) 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 procurement unit.(2) "Contribution": (a) means a voluntary gift or donation of money, service, or anything else of value, to a public entity for the public entity's use and not for the primary use of an individual employed by the public entity; 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 public entity;(iii) the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and(iv) the sponsorship of an event that is organized by the public entity.(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 an administrative, advisory, executive, or legislative body of a public entity.(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: (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;(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 a public entity to assist the public entity 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 agency provides to another public agency.(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 in Section 63G-6a-103, 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 a procurement unit, 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 executive of a public entity or 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;(v) the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal;(vi) a university or college president, vice president, business administrator, or dean;(vii) a chief executive of a special district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act;(viii) an employee of a public entity with: (A) an annual budget of $1,000,000 or less; or(B) no more than four full-time employees; and(ix) an executive director or director of an executive branch procurement unit who: (A) by title or primary responsibility, does not have procurement decision making authority; and(B) is not assigned to engage in, and is not engaged in, the procurement process.(10) "Public agency" has the same meaning as defined in Section 11-13-103, but also includes all officials, employees, and official representatives of a public agency, as defined in Section 11-13-103.Amended by Chapter 16, 2023 General Session ,§ 121, eff. 2/27/2023.Amended by Chapter 181, 2017 General Session ,§ 40, eff. 5/9/2017.Added by Chapter 196, 2014 General Session ,§ 73, eff. 3/29/2014.