Download Zipped Amended WP 8.0 SB0020S1.ZIP 8,209 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

First Substitute S.B. 20

Senator Leonard M. Blackham proposes to substitute the following bill:


             1     
GOVERNMENT COMPETITION WITH PRIVATE

             2     
SECTOR

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Leonard M. Blackham

             6      AN ACT RELATING TO PROCUREMENT OF ARCHITECT AND ENGINEERING
             7      SERVICES; PROHIBITING STATE AGENCIES, HIGHER EDUCATION INSTITUTIONS,
             8      COUNTIES, MUNICIPALITIES, LOCAL SCHOOL DISTRICTS, AND SPECIAL DISTRICTS
             9      FROM AWARDING ARCHITECT/ENGINEERING SERVICES CONTRACTS TO HIGHER
             10      EDUCATION ENTITIES IN CERTAIN CIRCUMSTANCES; AND PROHIBITING HIGHER
             11      EDUCATION ENTITIES FROM SUBMITTING A PROPOSAL TO PERFORM
             12      ARCHITECT/ENGINEERING SERVICES IN CERTAIN CIRCUMSTANCES.
             13      This act affects sections of Utah Code Annotated 1953 as follows:
             14      ENACTS:
             15          10-7-20.5, Utah Code Annotated 1953
             16          17-5-260.5, Utah Code Annotated 1953
             17          17A-1-802, Utah Code Annotated 1953
             18          53A-20-101.5, Utah Code Annotated 1953
             19          53B-16-104, Utah Code Annotated 1953
             20          63-56-44.5, Utah Code Annotated 1953
             21      Be it enacted by the Legislature of the state of Utah:
             22          Section 1. Section 10-7-20.5 is enacted to read:
             23          10-7-20.5. Restrictions on municipality procurement of architect engineer services.
             24          (1) As used in this section, "architect-engineer services" means those professional services
             25      within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional


             26      engineering as defined in Section 58-22-102 .
             27          (2) When a municipality elects to obtain architect or engineering services by using a
             28      competitive procurement process and has provided public notice of its competitive procurement
             29      process:
             30          (a) a higher education entity, or any part of one, may not submit a proposal in response to
             31      the municipality's competitive procurement process; and
             32          (b) the municipality may not award a contract to perform the architect or engineering
             33      services solicited in the competitive procurement process to a higher education entity or any part
             34      of one.
             35          Section 2. Section 17-5-260.5 is enacted to read:
             36          17-5-260.5. Restrictions on county procurement of architect engineer services.
             37          (1) As used in this section, "architect-engineer services" means those professional services
             38      within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional
             39      engineering as defined in Section 58-22-102 .
             40          (2) When a county elects to obtain architect or engineering services by using a competitive
             41      procurement process and has provided public notice of its competitive procurement process:
             42          (a) a higher education entity, or any part of one, may not submit a proposal in response to
             43      the county's competitive procurement process; and
             44          (b) the county may not award a contract to perform the architect or engineering services
             45      solicited in the competitive procurement process to a higher education entity or any part of one.
             46          Section 3. Section 17A-1-802 is enacted to read:
             47          17A-1-802. Restrictions on special district procurement of architect engineer services.
             48          (1) As used in this section, "architect-engineer services" means those professional services
             49      within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional
             50      engineering as defined in Section 58-22-102 .
             51          (2) When a special district elects to obtain architect or engineering services by using a
             52      competitive procurement process and has provided public notice of its competitive procurement
             53      process:
             54          (a) a higher education entity, or any part of one, may not submit a proposal in response to
             55      the special district's competitive procurement process; and
             56          (b) the special district may not award a contract to perform the architect or engineering


             57      services solicited in the competitive procurement process to a higher education entity or any part
             58      of one.
             59          Section 4. Section 53A-20-101.5 is enacted to read:
             60          53A-20-101.5. Restrictions on local school district procurement of architect engineer
             61      services.
             62          (1) As used in this section, "architect-engineer services" means those professional services
             63      within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional
             64      engineering as defined in Section 58-22-102 .
             65          (2) When a local school district elects to obtain architect or engineering services by using
             66      a competitive procurement process and has provided public notice of its competitive procurement
             67      process:
             68          (a) a higher education entity, or any part of one, may not submit a proposal in response to
             69      the state agency's competitive procurement process; and
             70          (b) the local school district may not award a contract to perform the architect or
             71      engineering services solicited in the competitive procurement process to a higher education entity
             72      or any part of one.
             73          Section 5. Section 53B-16-104 is enacted to read:
             74          53B-16-104. Restrictions on higher education entities bidding on architect or
             75      engineering services in public procurement projects.
             76          (1) As used in this section:
             77          (a) "Architect-engineer services" means those professional services within the scope of the
             78      practice of architecture as defined in Section 58-3a-102 , or professional engineering as defined in
             79      Section 58-22-102 .
             80          (b) "Government entity" means a state agency, an institution of higher education, a county,
             81      a municipality, a local school district, or a special district.
             82          (2) When a government entity elects to obtain architect or engineering services by using
             83      a competitive procurement process and has provided public notice of its competitive procurement
             84      process:
             85          (a) a higher education entity, or any part of one, may not submit a proposal in response to
             86      the government entity's competitive procurement process; and
             87          (b) the government entity may not award a contract to perform the architect or engineering


             88      services solicited in the competitive procurement process to a higher education entity or any part
             89      of one.
             90          (3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a higher
             91      education entity may, in a private capacity, submit a proposal in response to the competitive
             92      procurement process.
             93          (b) An employee of a higher education entity may not use any supplies, materials, or other
             94      resources owned by, or any persons matriculating at, attending, or employed by, the higher
             95      education entity in:
             96          (i) preparing a response to the competitive procurement process; or
             97          (ii) completing any work, assignment, or contract awarded to the employee resulting from
             98      that competitive procurement process.
             99          Section 6. Section 63-56-44.5 is enacted to read:
             100          63-56-44.5. Restrictions on s tate agency procurement of architect engineer services.
            
101           S [When] (1) EXCEPT AS PROVIDED IN SUBSECTION (2), WHEN s a public procurement unit,
             101a      in accordance with Section 63-56-42 , elects to obtain
             102      architect or engineering services by using a competitive procurement process and has provided
             103      public notice of its competitive procurement process:
             104           S [ (1) ] (a) s a higher education entity, or any part of one, may not submit a proposal in
             104a      response to
             105      the public procurement unit's competitive procurement process; and
             106           S [ (2) ] (b) s the public procurement unit may not award a contract to perform the architect or
             107      engineering services solicited in the competitive procurement process to a higher education entity
             108      or any part of one.
             108a      S (2) A PUBLIC PROCUREMENT UNIT NEED NOT COMPLY WITH THE REQUIREMENTS OF
             108b      SUBSECTION (1) WHEN THE PUBLIC PROCUREMENT UNIT IS PROCURING ARCHITECT OR
             108c      ENGINEER SERVICES FOR CONTRACTS RELATED TO RESEARCH ACTIVITIES,
             108c1      h AND h TECHNOLOGY
             108d      TRANSFER h [ , AND OTHER INNOVATIVE ACTIVITIES ] h . s


[Bill Documents][Bills Directory]