No. 28917 (New Rule): R895-5. Acquisition of Information Technology

 

DAR File No.: 28917
Filed: 08/10/2006, 09:00
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 63F-1-205 of the Utah Technology Governance Act requires the Chief Information Officer (CIO) to establish a value by which additional analysis and review is to be performed for an information technology purchase, lease, or rental.

 

Summary of the rule or change:

This proposed new rule provides a value by which additional analysis and review is to be performed for an information technology purchase, lease, or rental.

 

State statutory or constitutional authorization for this rule:

Sections 63-46a-3, 63F-1-205, and 63F-1-206

 

Anticipated cost or savings to:

the state budget:

It is anticipated that the additional analysis and review required under this rule may create a slight cost to the state. However, the state may avoid unnecessary costs when an information technology purchase, rental, or lease is determined to be unacceptable.

 

local governments:

None--This rule does not impose a fee or administrative requirements upon a local governmental entity. Therefore, it is anticipated that there will be no costs or savings to local government.

 

other persons:

None--This rule does not impose a fee or administrative requirements upon a person. Therefore, it is anticipated that there will be no costs or savings to any person.

 

Compliance costs for affected persons:

This rule does not impose a fee or administrative requirements upon a person. Therefore, it is anticipated that there will not be a cost of compliance to any person.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule has no fiscal impact on business. J. Stephen Fletcher, CIO/Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Technology Services
Administration
Room 6000 STATE OFFICE BUILDING
450 N MAIN ST
SALT LAKE CITY UT 84114

 

Direct questions regarding this rule to:

William Shiflett at the above address, by phone at 801-538-3548, by FAX at 801-538-9787, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/02/2006

 

This rule may become effective on:

10/10/2006

 

Authorized by:

J Stephen Fletcher, CIO and Executive Director

 

 

RULE TEXT

R895. Technology Services, Administration.

R895-5. Acquisition of Information Technology.

R895-5-1. Purpose.

The purpose of this rule is to identify the standards under which an agency of the executive branch must obtain approval from the Chief Information Officer before acquiring information technology and technology related services.

 

R895-5-2. Authority.

The rule is issued by the Chief Information Officer under the authority of Sections 63F-1-205 and 63F-1-206 of the Utah Technology Governance Act, and Section 63-46a-3 of the Utah Rulemaking Act, Utah Code.

 

R895-5-3. Scope of Application.

All agencies of the Executive Branch of State government, including its administrative sub-units, except the State Board of Education, the Board of Regents and institutions of higher education, and elective constitutional offices, are to be included within the scope of this rule.

 

R895-5-4. Definitions.

(1) "Hardware" means physical technology (i.e., equipment) used to process, manage, store, transmit, receive, or deliver information. This term also includes telephony products.

(2) "Small technology purchases" means a purchase, lease, or rental of hardware, software, and/or technology services that is estimated to be less than $50,000.

(3) "Software" means non-physical technology used to process, manage, store, transmit, receive, or deliver information. The term also includes all supporting documentation, media on which the software may be contained or stored, related materials, modifications, versions, upgrades, enhancements, updates, or replacements.

(4) "Technology services" means all the services, functions, and activities that facilitate the design, implementation, creation, or use of software, hardware, or telephony products. The term includes data acquisition, seat management, staffing augmentation, training, maintenance, and subscription services.

 

R895-5-5. Purchase of Hardware, Software, and Technology Services.

(1) The Chief Information Officer (CIO) shall exercise general supervision and control over the purchase of all hardware, software, and technology services.

(2) The CIO may delegate the authority to make small technology purchases. The delegation shall be in writing and may be limited as directed by the CIO.

(3) Purchase requirements for hardware, software, and technology services shall not be artificially divided so as to constitute a small technology purchase under this rule.

 

R895-5-6. Rule Compliance Management.

The CIO may monitor compliance of this rule within the State Executive Branch, and report any findings or violations of this rule to an agency's Executive Director or designee. A State Executive Branch agency's Executive Director, or designee, upon becoming aware of a violation of this rule shall provide the CIO a report of action(s) taken in response to violation of this rule.

 

KEY: IT standards, IT bid committee, technology best practices, technology purchases

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 63F-1-205; 63-46a-3