(1) (a) Subject to Subsection (1)(b), the rulemaking authority for a procurement unit shall make rules relating to the management and control of procurements and procurement procedures by the procurement unit. (b) Facilities division rules governing procurement of construction projects, design professional services, and leases apply to the procurement of construction projects, design professional services, and leases of real property, respectively, by the facilities division. (2) A rulemaking authority may not adopt rules, policies, or regulations that are inconsistent with this chapter. (3) An individual or body that makes rules as required or authorized in this chapter shall make the rules: (a) in accordance with Chapter 3, Utah Administrative Rulemaking Act, if the individual or body is subject to Chapter 3, Utah Administrative Rulemaking Act; or (b) in accordance with the established process for making rules or their equivalent, if the individual or body is not subject to Chapter 3, Utah Administrative Rulemaking Act. (4) The rules of the rulemaking authority for the executive branch procurement unit shall require, for each contract and request for proposals, the inclusion of a clause that requires the issuing procurement unit, for the duration of the contract, to make available contact information of the winning contractor to the Department of Workforce Services in accordance with Section 35A-2-203. This requirement does not preclude a contractor from advertising job openings in other forums throughout the state. (5) The Department of Transportation may make rules governing the procurement of a highway construction project or highway improvement project. (6) The rulemaking authority for a public transit district may make rules governing the procurement of a transit construction project or a transit improvement project. (7) The Department of Health and Human Services may make rules governing the procurement of a human services procurement item.
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