R27-4-3. Delegation of Division Duties

  (1) Pursuant to the provisions of Section 63A-9-401(7), the director of the division, with the approval of the executive director of the Department of Administrative Services, may delegate motor vehicle procurement and disposal functions to institutions of higher education by contract or other means authorized by law, provided that:

  (a) The funding for the procurement of vehicles that are subject to the agreement comes from funding sources other than state appropriations, or the vehicle is procured through the federal surplus property donation program;

  (b) Vehicles procured with funding from sources other than state appropriations, or through the federal surplus property donation program, are designated "do not replace;" and

  (c) In the event that the institution of higher education is unable to comply with (b), the institution warrants that it shall not use state appropriations to procure replacements without legislative approval.

  (2) Agreements made pursuant to Section 63A-9-401(7) shall, at a minimum, contain:

  (a) a precise definition of each duty or function being delegated;

  (b) a clear description of the standards to be met in performing each duty or function being delegated;

  (c) a provision for periodic administrative audits by either the the division or the Department of Administrative Services;

  (d) a representation by the institution of higher education that the procurement or disposal of the vehicles that are the subject matter of the agreement shall be coordinated with the division. The institution of higher education shall, at the request of the division, provide the division with a list of all conventional fuel and alternative fuel vehicles it anticipates to procure or dispose of in the coming year. Alternative fuel vehicles shall be purchased by the agency or institution of higher education, when necessary, to ensure state compliance with federal AFV mandates;

  (e) a representation by the institution of higher education that the purchase price is less than or equal to the state contract price for the make and model being purchased; and in the event that the state contract price is not applicable, that the provisions of Section 63-56-1 shall be complied with;

  (f) a representation that the agreement is subject to the provisions of Section 63J-1-306, Internal Service Funds - Governance and review;

  (g) a representation by the institution of higher education that it shall enter into the division's fleet information system all information that would be otherwise required for vehicles owned, leased, operated or in the possession of the institution of higher education;

  (h) a representation by the institution of higher education that it shall follow state surplus rules, policies and procedures on related parties, conflict of interest, vehicle pricing, retention, sales, and negotiations; and

  (i) a date on which the agreement shall terminate if the agreement has not been previously terminated or renewed.

  (3) An agreement made pursuant to Section 63A-9-401(7) may be terminated by the division if the results of administrative audits conducted by either the division or the Department of Administrative Services reveal a lack of compliance with the terms of the agreement.