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First Substitute S.B. 153
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7 LONG TITLE
8 General Description:
9 This bill recodifies and amends the Utah Procurement Code.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . describes requirements and procedures relating to procurements and procurement
14 processes by public entities;
15 . describes the applicability of the Utah Procurement Code;
16 . grants rulemaking authority;
17 . describes the duties and powers of the Division of Purchasing and General Services;
18 . provides for exemptions from certain provisions of the Utah Procurement Code;
19 . describes the duties and powers of the Utah State Procurement Policy Board and the
20 procurement advisory councils;
21 . describes the duties and powers of the chief procurement officer;
22 . provides for exceptions to procurement process requirements;
23 . addresses cancellations, rejections, and debarment;
24 . addresses reciprocal preferences and purchase from community rehabilitation
25 programs;
26 . describes the duties and powers of the Purchasing from Persons with Disabilities
27 Advisory Board;
28 . describes bid security and bond requirements;
29 . describes requirements relating to contracts and change orders;
30 . describes requirements relating to construction procurement and contracts;
31 . describes requirements relating to architect-engineer services;
32 . describes procedures, requirements, and limitations relating to controversies,
33 protests, appeals, and judicial action;
34 . addresses the retention of records;
35 . addresses interaction between public procurement units;
36 . establishes ethical practice provisions relating to procurements;
37 . amends existing, and enacts new, criminal provisions and penalties relating to
38 procurements; and
39 . makes technical changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 This bill takes effect on January 1, 2013.
44 Utah Code Sections Affected:
45 AMENDS:
46 7-1-323, as last amended by Laws of Utah 2008, Chapter 382
47 7-2-21, as last amended by Laws of Utah 2008, Chapter 382
48 9-4-704, as last amended by Laws of Utah 2011, Chapter 342
49 9-4-906, as last amended by Laws of Utah 2008, Chapter 382
50 9-4-1602, as enacted by Laws of Utah 2011, Chapter 217
51 10-3-1304, as last amended by Laws of Utah 2008, Chapter 382
52 10-3-1305, as last amended by Laws of Utah 2008, Chapter 382
53 10-7-86, as last amended by Laws of Utah 2008, Chapter 382
54 11-17-20, as last amended by Laws of Utah 2008, Chapter 382
55 11-39-101, as last amended by Laws of Utah 2008, Chapters 360 and 382
56 11-39-107, as last amended by Laws of Utah 2011, Chapter 387
57 11-44-202, as enacted by Laws of Utah 2010, Chapter 244
58 11-44-301, as enacted by Laws of Utah 2010, Chapter 244
59 13-2-9, as last amended by Laws of Utah 2008, Chapter 382
60 14-1-18, as last amended by Laws of Utah 2008, Chapter 382
61 17-16a-4, as last amended by Laws of Utah 2008, Chapter 382
62 17-43-202, as last amended by Laws of Utah 2008, Chapter 382
63 17-43-302, as last amended by Laws of Utah 2008, Chapter 382
64 17-53-225, as last amended by Laws of Utah 2008, Chapter 382
65 17-53-313, as last amended by Laws of Utah 2008, Chapter 382
66 17B-1-108, as last amended by Laws of Utah 2008, Chapter 382
67 17B-2a-818, as last amended by Laws of Utah 2010, Chapter 281
68 17B-2a-818.5, as last amended by Laws of Utah 2011, Chapters 297 and 400
69 17D-1-106, as last amended by Laws of Utah 2011, Chapters 40, 106, 205, and 209
70 17D-2-108, as enacted by Laws of Utah 2008, Chapter 360
71 19-1-206, as last amended by Laws of Utah 2011, Chapters 297 and 400
72 20A-11-701, as last amended by Laws of Utah 2011, Chapter 396
73 26-8a-405.3, as last amended by Laws of Utah 2011, Chapter 297
74 26-8a-405.5, as last amended by Laws of Utah 2011, Chapter 297
75 26-10-8, as enacted by Laws of Utah 2010, Chapter 413
76 26-10b-102, as last amended by Laws of Utah 2011, Chapter 297
77 26-18-2.6, as enacted by Laws of Utah 2011, Chapter 344
78 26-40-110, as last amended by Laws of Utah 2011, Chapter 297
79 30-3-11.3, as last amended by Laws of Utah 2011, Chapter 51
80 30-3-11.4, as last amended by Laws of Utah 2011, Chapter 51
81 30-3-38, as last amended by Laws of Utah 2008, Chapters 44 and 382
82 31A-29-110, as last amended by Laws of Utah 2008, Chapter 382
83 31A-29-111, as last amended by Laws of Utah 2008, Chapters 382 and 385
84 31A-33-104, as last amended by Laws of Utah 2008, Chapter 382
85 31A-33-107, as last amended by Laws of Utah 2008, Chapter 382
86 34A-2-203, as last amended by Laws of Utah 2008, Chapter 382
87 35A-5-202, as last amended by Laws of Utah 2008, Chapter 382
88 38-1-30, as last amended by Laws of Utah 2011, Chapter 299
89 38-1-39, as last amended by Laws of Utah 2008, Chapter 382
90 41-12a-803, as last amended by Laws of Utah 2011, Chapter 342
91 53-2-404, as last amended by Laws of Utah 2011, Chapter 342
92 53A-1-706, as last amended by Laws of Utah 2008, Chapter 382
93 53A-1a-511, as last amended by Laws of Utah 2008, Chapter 382
94 53A-20-101, as last amended by Laws of Utah 2008, Chapter 382
95 53A-25b-105, as enacted by Laws of Utah 2009, Chapter 294
96 53C-1-201 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapters 247
97 and 353
98 54-3-29, as last amended by Laws of Utah 2011, Chapter 340
99 54-8b-10, as last amended by Laws of Utah 2011, Chapters 329 and 342
100 62A-1-108.5, as last amended by Laws of Utah 2011, Chapter 366
101 62A-3-104, as last amended by Laws of Utah 2008, Chapter 382
102 62A-3-104.1, as last amended by Laws of Utah 2008, Chapter 382
103 62A-14-109, as last amended by Laws of Utah 2008, Chapter 382
104 63A-5-205, as last amended by Laws of Utah 2011, Chapter 400
105 63A-5-208, as last amended by Laws of Utah 2008, Chapter 382
106 63A-5-302, as last amended by Laws of Utah 2010, Chapter 324
107 63B-2-102, as last amended by Laws of Utah 2008, Chapter 382
108 63B-3-102, as last amended by Laws of Utah 2008, Chapter 382
109 63B-4-102, as last amended by Laws of Utah 2008, Chapter 382
110 63B-5-102, as last amended by Laws of Utah 2008, Chapter 382
111 63B-6-102, as last amended by Laws of Utah 2008, Chapter 382
112 63B-6-402, as last amended by Laws of Utah 2008, Chapter 382
113 63B-7-102, as last amended by Laws of Utah 2008, Chapter 382
114 63B-7-402, as last amended by Laws of Utah 2008, Chapter 382
115 63B-8-102, as last amended by Laws of Utah 2008, Chapter 382
116 63B-8-402, as last amended by Laws of Utah 2008, Chapter 382
117 63B-9-103, as last amended by Laws of Utah 2008, Chapter 382
118 63B-11-202, as last amended by Laws of Utah 2008, Chapter 382
119 63C-7-210, as last amended by Laws of Utah 2008, Chapter 382
120 63C-9-301, as last amended by Laws of Utah 2008, Chapters 10 and 382
121 63C-9-403, as last amended by Laws of Utah 2011, Chapter 400
122 63E-2-109, as last amended by Laws of Utah 2008, Chapter 382
123 63F-1-205, as last amended by Laws of Utah 2011, Chapter 376
124 63G-7-804, as renumbered and amended by Laws of Utah 2008, Chapter 382
125 63G-10-403, as enacted by Laws of Utah 2011, Chapter 361
126 63H-2-504, as enacted by Laws of Utah 2009, Chapter 378
127 63H-3-109, as renumbered and amended by Laws of Utah 2011, Chapter 370
128 63H-4-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
129 63H-5-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
130 63H-6-103, as renumbered and amended by Laws of Utah 2011, Chapter 370
131 63I-1-263, as last amended by Laws of Utah 2011, Chapters 199, 370, 408, and 411
132 63M-1-2602, as enacted by Laws of Utah 2008, Chapter 352
133 63M-1-2603, as enacted by Laws of Utah 2008, Chapter 352
134 63M-1-2605, as enacted by Laws of Utah 2008, Chapter 352
135 63M-1-2606, as enacted by Laws of Utah 2008, Chapter 352
136 63M-1-2607, as enacted by Laws of Utah 2008, Chapter 352
137 63M-1-2608, as enacted by Laws of Utah 2008, Chapter 352
138 63M-1-2610, as enacted by Laws of Utah 2008, Chapter 352
139 64-13a-13, as last amended by Laws of Utah 2008, Chapter 382
140 67-16-4, as last amended by Laws of Utah 2008, Chapter 382
141 67-16-5, as last amended by Laws of Utah 2008, Chapter 382
142 67-16-5.3, as last amended by Laws of Utah 2008, Chapter 382
143 67-16-6, as last amended by Laws of Utah 2008, Chapter 382
144 72-6-107, as last amended by Laws of Utah 2010, Chapter 90
145 72-6-107.5, as last amended by Laws of Utah 2011, Chapter 400
146 72-6-108, as last amended by Laws of Utah 2009, Chapter 388
147 72-6-205, as last amended by Laws of Utah 2009, Chapter 183
148 72-7-504, as last amended by Laws of Utah 2008, Chapter 382
149 73-10-27, as last amended by Laws of Utah 2008, Chapters 267 and 382
150 73-23-3, as last amended by Laws of Utah 2008, Chapter 382
151 76-10-1602, as last amended by Laws of Utah 2011, Chapter 320
152 78A-2-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
153 79-2-404, as last amended by Laws of Utah 2011, Chapter 400
154 79-4-203, as renumbered and amended by Laws of Utah 2009, Chapter 344
155 ENACTS:
156 63G-6a-104, Utah Code Annotated 1953
157 63G-6a-110, Utah Code Annotated 1953
158 63G-6a-201, Utah Code Annotated 1953
159 63G-6a-301, Utah Code Annotated 1953
160 63G-6a-401, Utah Code Annotated 1953
161 63G-6a-402, Utah Code Annotated 1953
162 63G-6a-403, Utah Code Annotated 1953
163 63G-6a-404, Utah Code Annotated 1953
164 63G-6a-405, Utah Code Annotated 1953
165 63G-6a-406, Utah Code Annotated 1953
166 63G-6a-408, Utah Code Annotated 1953
167 63G-6a-501, Utah Code Annotated 1953
168 63G-6a-502, Utah Code Annotated 1953
169 63G-6a-503, Utah Code Annotated 1953
170 63G-6a-504, Utah Code Annotated 1953
171 63G-6a-601, Utah Code Annotated 1953
172 63G-6a-602, Utah Code Annotated 1953
173 63G-6a-603, Utah Code Annotated 1953
174 63G-6a-604, Utah Code Annotated 1953
175 63G-6a-605, Utah Code Annotated 1953
176 63G-6a-606, Utah Code Annotated 1953
177 63G-6a-607, Utah Code Annotated 1953
178 63G-6a-608, Utah Code Annotated 1953
179 63G-6a-609, Utah Code Annotated 1953
180 63G-6a-610, Utah Code Annotated 1953
181 63G-6a-611, Utah Code Annotated 1953
182 63G-6a-612, Utah Code Annotated 1953
183 63G-6a-701, Utah Code Annotated 1953
184 63G-6a-702, Utah Code Annotated 1953
185 63G-6a-703, Utah Code Annotated 1953
186 63G-6a-704, Utah Code Annotated 1953
187 63G-6a-705, Utah Code Annotated 1953
188 63G-6a-706, Utah Code Annotated 1953
189 63G-6a-707, Utah Code Annotated 1953
190 63G-6a-708, Utah Code Annotated 1953
191 63G-6a-709, Utah Code Annotated 1953
192 63G-6a-710, Utah Code Annotated 1953
193 63G-6a-801, Utah Code Annotated 1953
194 63G-6a-803, Utah Code Annotated 1953
195 63G-6a-901, Utah Code Annotated 1953
196 63G-6a-1001, Utah Code Annotated 1953
197 63G-6a-1004, Utah Code Annotated 1953
198 63G-6a-1101, Utah Code Annotated 1953
199 63G-6a-1201, Utah Code Annotated 1953
200 63G-6a-1204, Utah Code Annotated 1953
201 63G-6a-1301, Utah Code Annotated 1953
202 63G-6a-1401, Utah Code Annotated 1953
203 63G-6a-1501, Utah Code Annotated 1953
204 63G-6a-1601, Utah Code Annotated 1953
205 63G-6a-1701, Utah Code Annotated 1953
206 63G-6a-1801, Utah Code Annotated 1953
207 63G-6a-1901, Utah Code Annotated 1953
208 63G-6a-2001, Utah Code Annotated 1953
209 63G-6a-2101, Utah Code Annotated 1953
210 63G-6a-2201, Utah Code Annotated 1953
211 63G-6a-2202, Utah Code Annotated 1953
212 63G-6a-2301, Utah Code Annotated 1953
213 63G-6a-2303, Utah Code Annotated 1953
214 63G-6a-2304, Utah Code Annotated 1953
215 63G-6a-2305, Utah Code Annotated 1953
216 63G-6a-2306, Utah Code Annotated 1953
217 63G-6a-2307, Utah Code Annotated 1953
218 RENUMBERS AND AMENDS:
219 63G-6a-101, (Renumbered from 63G-6-101, as enacted by Laws of Utah 2008, Chapter
220 382)
221 63G-6a-102, (Renumbered from 63G-6-102, as renumbered and amended by Laws of
222 Utah 2008, Chapter 382)
223 63G-6a-103, (Renumbered from 63G-6-103, as last amended by Laws of Utah 2011,
224 Chapter 376)
225 63G-6a-105, (Renumbered from 63G-6-104, as renumbered and amended by Laws of
226 Utah 2008, Chapter 382)
227 63G-6a-106, (Renumbered from 63G-6-207, as last amended by Laws of Utah 2008,
228 Chapter 3 and renumbered and amended by Laws of Utah 2008, Chapter 382)
229 63G-6a-109, (Renumbered from 63G-6-105, as renumbered and amended by Laws of
230 Utah 2008, Chapter 382)
231 63G-6a-202, (Renumbered from 63G-6-201, as last amended by Laws of Utah 2011,
232 Chapter 376)
233 63G-6a-203, (Renumbered from 63G-6-202, as last amended by Laws of Utah 2011,
234 Chapter 376)
235 63G-6a-204, (Renumbered from 63G-6-208, as last amended by Laws of Utah 2009,
236 Chapter 132)
237 63G-6a-205, (Renumbered from 63G-6-209, as renumbered and amended by Laws of
238 Utah 2008, Chapter 382)
239 63G-6a-302, (Renumbered from 63G-6-203, as renumbered and amended by Laws of
240 Utah 2008, Chapter 382)
241 63G-6a-303, (Renumbered from 63G-6-204, as last amended by Laws of Utah 2008,
242 Chapter 352 and renumbered and amended by Laws of Utah 2008, Chapter 382)
243 63G-6a-304, (Renumbered from 63G-6-205, as last amended by Laws of Utah 2008,
244 Chapter 352 and renumbered and amended by Laws of Utah 2008, Chapter 382)
245 63G-6a-305, (Renumbered from 63G-6-302, as last amended by Laws of Utah 2011,
246 Chapter 376)
247 63G-6a-407, (Renumbered from 63G-6-303, as renumbered and amended by Laws of
248 Utah 2008, Chapter 382)
249 63G-6a-711, (Renumbered from 63G-6-408.5, as enacted by Laws of Utah 2008,
250 Chapter 352)
251 63G-6a-802, (Renumbered from 63G-6-410, as renumbered and amended by Laws of
252 Utah 2008, Chapter 382)
253 63G-6a-804, (Renumbered from 63G-6-423, as renumbered and amended by Laws of
254 Utah 2008, Chapter 382)
255 63G-6a-805, (Renumbered from 63G-6-425, as renumbered and amended by Laws of
256 Utah 2008, Chapter 382)
257 63G-6a-902, (Renumbered from 63G-6-412, as renumbered and amended by Laws of
258 Utah 2008, Chapter 382)
259 63G-6a-903, (Renumbered from 63G-6-413, as renumbered and amended by Laws of
260 Utah 2008, Chapter 382)
261 63G-6a-904, (Renumbered from 63G-6-804, as renumbered and amended by Laws of
262 Utah 2008, Chapter 382)
263 63G-6a-1002, (Renumbered from 63G-6-404, as renumbered and amended by Laws of
264 Utah 2008, Chapter 382)
265 63G-6a-1003, (Renumbered from 63G-6-405, as renumbered and amended by Laws of
266 Utah 2008, Chapter 382)
267 63G-6a-1102, (Renumbered from 63G-6-504, as renumbered and amended by Laws of
268 Utah 2008, Chapter 382)
269 63G-6a-1103, (Renumbered from 63G-6-505, as renumbered and amended by Laws of
270 Utah 2008, Chapter 382)
271 63G-6a-1104, (Renumbered from 63G-6-506, as last amended by Laws of Utah 2011,
272 Chapter 299)
273 63G-6a-1105, (Renumbered from 63G-6-507, as renumbered and amended by Laws of
274 Utah 2008, Chapter 382)
275 63G-6a-1202, (Renumbered from 63G-6-601, as renumbered and amended by Laws of
276 Utah 2008, Chapter 382)
277 63G-6a-1203, (Renumbered from 63G-6-603, as enacted by Laws of Utah 2009,
278 Chapter 217)
279 63G-6a-1205, (Renumbered from 63G-6-416, as renumbered and amended by Laws of
280 Utah 2008, Chapter 382)
281 63G-6a-1206, (Renumbered from 63G-6-415, as renumbered and amended by Laws of
282 Utah 2008, Chapter 382)
283 63G-6a-1207, (Renumbered from 63G-6-602, as renumbered and amended by Laws of
284 Utah 2008, Chapter 382)
285 63G-6a-1302, (Renumbered from 63G-6-501, as renumbered and amended by Laws of
286 Utah 2008, Chapter 382)
287 63G-6a-1303, (Renumbered from 63G-6-604, as enacted by Laws of Utah 2010,
288 Chapter 18)
289 63G-6a-1402, (Renumbered from 63G-6-502, as last amended by Laws of Utah 2010,
290 Chapter 358)
291 63G-6a-1403, (Renumbered from 63G-6-503, as renumbered and amended by Laws of
292 Utah 2008, Chapter 382)
293 63G-6a-1502, (Renumbered from 63G-6-701, as renumbered and amended by Laws of
294 Utah 2008, Chapter 382)
295 63G-6a-1503, (Renumbered from 63G-6-702, as renumbered and amended by Laws of
296 Utah 2008, Chapter 382)
297 63G-6a-1504, (Renumbered from 63G-6-703, as renumbered and amended by Laws of
298 Utah 2008, Chapter 382)
299 63G-6a-1505, (Renumbered from 63G-6-704, as renumbered and amended by Laws of
300 Utah 2008, Chapter 382)
301 63G-6a-1506, (Renumbered from 63G-6-705, as renumbered and amended by Laws of
302 Utah 2008, Chapter 382)
303 63G-6a-1602, (Renumbered from 63G-6-805, as renumbered and amended by Laws of
304 Utah 2008, Chapter 382)
305 63G-6a-1603, (Renumbered from 63G-6-801, as last amended by Laws of Utah 2011,
306 Chapter 361)
307 63G-6a-1604, (Renumbered from 63G-6-806, as renumbered and amended by Laws of
308 Utah 2008, Chapter 382)
309 63G-6a-1605, (Renumbered from 63G-6-907, as renumbered and amended by Laws of
310 Utah 2008, Chapter 382)
311 63G-6a-1606, (Renumbered from 63G-6-802, as renumbered and amended by Laws of
312 Utah 2008, Chapter 382)
313 63G-6a-1607, (Renumbered from 63G-6-803, as renumbered and amended by Laws of
314 Utah 2008, Chapter 382)
315 63G-6a-1702, (Renumbered from 63G-6-807, as last amended by Laws of Utah 2010,
316 Chapter 286)
317 63G-6a-1703, (Renumbered from 63G-6-810, as renumbered and amended by Laws of
318 Utah 2008, Chapter 382)
319 63G-6a-1704, (Renumbered from 63G-6-808, as renumbered and amended by Laws of
320 Utah 2008, Chapter 382)
321 63G-6a-1705, (Renumbered from 63G-6-809, as renumbered and amended by Laws of
322 Utah 2008, Chapter 382)
323 63G-6a-1706, (Renumbered from 63G-6-811, as renumbered and amended by Laws of
324 Utah 2008, Chapter 382)
325 63G-6a-1707, (Renumbered from 63G-6-812, as renumbered and amended by Laws of
326 Utah 2008, Chapter 382)
327 63G-6a-1708, (Renumbered from 63G-6-813, as renumbered and amended by Laws of
328 Utah 2008, Chapter 382)
329 63G-6a-1802, (Renumbered from 63G-6-814, as renumbered and amended by Laws of
330 Utah 2008, Chapter 382)
331 63G-6a-1803, (Renumbered from 63G-6-815, as renumbered and amended by Laws of
332 Utah 2008, Chapter 382)
333 63G-6a-1804, (Renumbered from 63G-6-817, as renumbered and amended by Laws of
334 Utah 2008, Chapter 382)
335 63G-6a-1805, (Renumbered from 63G-6-816, as renumbered and amended by Laws of
336 Utah 2008, Chapter 382)
337 63G-6a-1902, (Renumbered from 63G-6-419, as renumbered and amended by Laws of
338 Utah 2008, Chapter 382)
339 63G-6a-1903, (Renumbered from 63G-6-818, as renumbered and amended by Laws of
340 Utah 2008, Chapter 382)
341 63G-6a-1904, (Renumbered from 63G-6-819, as renumbered and amended by Laws of
342 Utah 2008, Chapter 382)
343 63G-6a-1905, (Renumbered from 63G-6-820, as renumbered and amended by Laws of
344 Utah 2008, Chapter 382)
345 63G-6a-2002, (Renumbered from 63G-6-106, as renumbered and amended by Laws of
346 Utah 2008, Chapter 382)
347 63G-6a-2003, (Renumbered from 63G-6-421, as renumbered and amended by Laws of
348 Utah 2008, Chapter 382)
349 63G-6a-2004, (Renumbered from 63G-6-905, as renumbered and amended by Laws of
350 Utah 2008, Chapter 382)
351 63G-6a-2102, (Renumbered from 63G-6-901, as renumbered and amended by Laws of
352 Utah 2008, Chapter 382)
353 63G-6a-2103, (Renumbered from 63G-6-902, as renumbered and amended by Laws of
354 Utah 2008, Chapter 382)
355 63G-6a-2104, (Renumbered from 63G-6-904, as renumbered and amended by Laws of
356 Utah 2008, Chapter 382)
357 63G-6a-2105, (Renumbered from 63G-6-424, as renumbered and amended by Laws of
358 Utah 2008, Chapter 382)
359 63G-6a-2302, (Renumbered from 63G-6-420, as renumbered and amended by Laws of
360 Utah 2008, Chapter 382)
361 REPEALS:
362 10-7-87, as last amended by Laws of Utah 2008, Chapter 382
363 11-37-101, as last amended by Laws of Utah 2008, Chapter 382
364 17-15-24, as last amended by Laws of Utah 2008, Chapter 382
365 17B-1-109, as renumbered and amended by Laws of Utah 2007, Chapter 329
366 26A-1-108.7, as last amended by Laws of Utah 2008, Chapter 382
367 63G-6-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
368 63G-6-301, as last amended by Laws of Utah 2011, Chapter 376
369 63G-6-401, as last amended by Laws of Utah 2009, Chapter 388
370 63G-6-402, as renumbered and amended by Laws of Utah 2008, Chapter 382
371 63G-6-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
372 63G-6-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
373 63G-6-407, as renumbered and amended by Laws of Utah 2008, Chapter 382
374 63G-6-408, as renumbered and amended by Laws of Utah 2008, Chapter 382
375 63G-6-409, as renumbered and amended by Laws of Utah 2008, Chapter 382
376 63G-6-411, as renumbered and amended by Laws of Utah 2008, Chapter 382
377 63G-6-414, as renumbered and amended by Laws of Utah 2008, Chapter 382
378 63G-6-417, as renumbered and amended by Laws of Utah 2008, Chapter 382
379 63G-6-418, as renumbered and amended by Laws of Utah 2008, Chapter 382
380 63G-6-422, as renumbered and amended by Laws of Utah 2008, Chapter 382
381 63G-6-426, as renumbered and amended by Laws of Utah 2008, Chapter 382
382 63G-6-903, as renumbered and amended by Laws of Utah 2008, Chapter 382
383 63G-6-906, as renumbered and amended by Laws of Utah 2008, Chapter 382
384 63G-6-1001, as renumbered and amended by Laws of Utah 2008, Chapter 382
385 63G-6-1002, as renumbered and amended by Laws of Utah 2008, Chapter 382
386
387 Be it enacted by the Legislature of the state of Utah:
388 Section 1. Section 7-1-323 is amended to read:
389 7-1-323. Regulation of interstate operations -- Coordination of efforts.
390 (1) The commissioner may:
391 (a) examine, supervise, and regulate a branch operated in this state by a depository
392 institution chartered by another state and take any action or issue any order with regard to that
393 branch;
394 (b) examine, supervise, and regulate a branch operated in another state by a depository
395 institution chartered by this state and take any action or issue any order with regard to that
396 branch; and
397 (c) coordinate these activities with any other state or federal agency that shares
398 jurisdiction over the institution.
399 (2) The commissioner may coordinate the examination, supervision, and regulation of
400 any depository institution chartered by this state with the examination, supervision, and
401 regulation of an affiliated depository institution operating in another state.
402 (3) The commissioner may take any reasonable and lawful action in furtherance of
403 coordinating the regulation of interstate operations, including:
404 (a) negotiating and entering into cooperative agreements with an agency of another
405 state or of the federal government;
406 (b) sharing information and reports in accordance with Section 7-1-802 with an agency
407 that shares jurisdiction over the institution;
408 (c) accepting as sufficient, if appropriate, examination reports and other information
409 compiled or generated by or for an agency that shares jurisdiction over the institution;
410 (d) contracting with an agency that shares jurisdiction over the institution to engage the
411 services of its examiners at a reasonable rate of compensation;
412 (e) offering the services of the department's examiners at a reasonable rate of
413 compensation to an agency that shares jurisdiction over the institution;
414 (f) collecting fees on behalf of, or receiving payment of fees through, an agency that
415 shares jurisdiction over the institution; and
416 (g) cooperating in any other way with other supervisory agencies and professional
417 associations to promote the efficient, safe, and sound operation and regulation of interstate
418 depository institution activities, including the formulation of interstate examination policies
419 and procedures and the drafting of model laws, rules, and agreements.
420 (4) A contract between the department and an agency that shares jurisdiction over a
421 depository institution to provide examiners to aid in interstate examination and regulation is
422 considered a sole source contract under Section [
423 Section 2. Section 7-2-21 is amended to read:
424 7-2-21. Applicability of Utah Procurement Code.
425 No action of the commissioner taken under this chapter or Chapter 19, Acquisition of
426 Failing Depository Institutions or Holding Companies, is subject to the provisions of Title 63G,
427 Chapter [
428 Section 3. Section 9-4-704 is amended to read:
429 9-4-704. Distribution of fund money.
430 (1) The executive director shall:
431 (a) make grants and loans from the fund for any of the activities authorized by Section
432 9-4-705 , as directed by the board;
433 (b) establish the criteria with the approval of the board by which loans and grants will
434 be made; and
435 (c) determine with the approval of the board the order in which projects will be funded.
436 (2) The executive director shall distribute, as directed by the board, any federal money
437 contained in the fund according to the procedures, conditions, and restrictions placed upon the
438 use of the money by the federal government.
439 (3) (a) The executive director shall distribute, as directed by the board, any funds
440 received pursuant to Section 17C-1-412 to pay the costs of providing income targeted housing
441 within the community that created the community development and renewal agency under Title
442 17C, Limited Purpose Local Government Entities - Community Development and Renewal
443 Agencies Act.
444 (b) As used in Subsection (3)(a):
445 (i) "Community" has the meaning as defined in Section 17C-1-102 .
446 (ii) "Income targeted housing" has the meaning as defined in Section 17C-1-102 .
447 (4) Except federal money and money received under Section 17C-1-412 , the executive
448 director shall distribute, as directed by the board, all other money from the fund according to
449 the following requirements:
450 (a) Not less than 30% of all fund money shall be distributed to rural areas of the state.
451 (b) At least 50% of the money in the fund shall be distributed as loans to be repaid to
452 the fund by the entity receiving them.
453 (i) (A) Of the fund money distributed as loans, at least 50% shall be distributed to
454 benefit persons whose annual income is at or below 50% of the median family income for the
455 state.
456 (B) The remaining loan money shall be distributed to benefit persons whose annual
457 income is at or below 80% of the median family income for the state.
458 (ii) The executive director or the executive director's designee shall lend money in
459 accordance with this Subsection (4) at a rate based upon the borrower's ability to pay.
460 (c) Any fund money not distributed as loans shall be distributed as grants.
461 (i) At least 90% of the fund money distributed as grants shall be distributed to benefit
462 persons whose annual income is at or below 50% of the median family income for the state.
463 (ii) The remaining fund money distributed as grants may be used by the executive
464 director to obtain federal matching funds or for other uses consistent with the intent of this part,
465 including the payment of reasonable loan servicing costs, but no more than 3% of the revenues
466 of the fund may be used to offset other department or board administrative expenses.
467 (5) The executive director may with the approval of the board:
468 (a) enact rules to establish procedures for the grant and loan process by following the
469 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
470 and
471 (b) service or contract, pursuant to Title 63G, Chapter [
472 for the servicing of loans made by the fund.
473 Section 4. Section 9-4-906 is amended to read:
474 9-4-906. Relation to certain acts.
475 (1) The corporation is exempt from:
476 (a) Title 51, Chapter 5, Funds Consolidation Act;
477 (b) Title 51, Chapter 7, State Money Management Act;
478 (c) Title 63A, Utah Administrative Services Code; [
479 (d) Title 63G, Chapter [
480 (e) Title 63J, Chapter 1, Budgetary Procedures Act;
481 (f) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
482 (g) Title 67, Chapter 19, Utah State Personnel Management Act.
483 (2) The corporation shall comply with:
484 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
485 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
486 Section 5. Section 9-4-1602 is amended to read:
487 9-4-1602. Distribution of fund money.
488 (1) (a) The director shall make loans and loan guarantees from the fund for the Small
489 Business Credit Initiative created under the federal government's Small Business Jobs Act of
490 2010, to use federal money for programs that leverage private lending to help finance small
491 businesses and manufacturers that are creditworthy but not receiving the loans needed to
492 expand and create jobs.
493 (b) In making loans and loan guarantees under this part, the director shall give due
494 consideration to small businesses in underserved communities throughout the state that have
495 been deeply impacted by recession and not seen a comparable resurgence in their economies.
496 (2) The director shall distribute any federal money in the fund according to the
497 procedures, conditions, and restrictions placed upon the use of the money by the federal
498 government.
499 (3) The director may, with the approval of the executive director of the department:
500 (a) enact rules to establish procedures for the loan and loan guarantee process by
501 following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
502 Rulemaking Act; and
503 (b) service or contract, under Title 63G, Chapter [
504 the servicing of loans made by the fund.
505 Section 6. Section 10-3-1304 is amended to read:
506 10-3-1304. Use of office for personal benefit prohibited.
507 (1) As used in this section, "economic benefit tantamount to a gift" includes:
508 (a) a loan at an interest rate that is substantially lower than the commercial rate then
509 currently prevalent for similar loans; and
510 (b) compensation received for private services rendered at a rate substantially
511 exceeding the fair market value of the services.
512 (2) It is an offense for an elected or appointed officer or municipal employee, under
513 circumstances not amounting to a violation of Section [
514 to:
515 (a) disclose or improperly use private, controlled, or protected information acquired by
516 reason of the officer's or employee's official position or in the course of official duties in order
517 to further substantially the officer's or employee's personal economic interest or to secure
518 special privileges or exemptions for the officer or employee or for others;
519 (b) use or attempt to use the officer's or employee's official position to:
520 (i) further substantially the officer's or employee's personal economic interest; or
521 (ii) secure special privileges for the officer or employee or for others; or
522 (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer
523 or employee or for another, a gift of substantial value or a substantial economic benefit
524 tantamount to a gift that:
525 (i) would tend improperly to influence a reasonable person in the person's position to
526 depart from the faithful and impartial discharge of the person's public duties; or
527 (ii) the person knows or that a reasonable person in that position should know under
528 the circumstances is primarily for the purpose of rewarding the person for official action taken.
529 (3) Subsection (2)(c) does not apply to:
530 (a) an occasional nonpecuniary gift having a value of less than $50;
531 (b) an award publicly presented in recognition of public services;
532 (c) any bona fide loan made in the ordinary course of business; or
533 (d) a political campaign contribution.
534 Section 7. Section 10-3-1305 is amended to read:
535 10-3-1305. Compensation for assistance in transaction involving municipality --
536 Public disclosure and filing required.
537 (1) As used in this section, "municipal body" means any public board, commission,
538 committee, or other public group organized to make public policy decisions or to advise
539 persons who make public policy decisions.
540 (2) It is an offense for an elected officer, or appointed officer, who is a member of a
541 public body, under circumstances not amounting to a violation of Section [
542 63G-6a-2304 or 76-8-105 , to receive or agree to receive compensation for assisting any person
543 or business entity in any transaction involving the municipality in which the member is an
544 officer unless the member:
545 (a) files with the mayor a sworn statement giving the information required by this
546 section; and
547 (b) discloses the information required by Subsection (5) in an open meeting to the
548 members of the body of which the officer is a member immediately before the discussion.
549 (3) It is an offense for an appointed officer who is not a member of a public body or a
550 municipal employee to receive or agree to receive compensation for assisting any person or
551 business entity in any transaction involving the municipality by which the person is employed
552 unless the officer or employee:
553 (a) files with the mayor a sworn statement giving the information required by this
554 section; and
555 (b) discloses the information required by Subsection (5) to:
556 (i) the officer or employee's immediate supervisor; and
557 (ii) any other municipal officer or employee who may rely upon the employee's
558 representations in evaluating or approving the transaction.
559 (4) (a) The officer or employee shall file the statement required to be filed by this
560 section 10 days before the date of any agreement between the elected or appointed officer or
561 municipal employee and the person or business entity being assisted or 10 days before the
562 receipt of compensation by the officer or employee, whichever is earlier.
563 (b) The statement is public information and shall be available for examination by the
564 public.
565 (5) The statement and disclosure shall contain:
566 (a) the name and address of the officer or municipal employee;
567 (b) the name and address of the person or business entity being or to be assisted or in
568 which the appointed or elected official or municipal employee has a substantial interest; and
569 (c) a brief description of the transaction as to which service is rendered or is to be
570 rendered and of the nature of the service performed or to be performed.
571 Section 8. Section 10-7-86 is amended to read:
572 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of
573 professional architect, engineer, or surveyor.
574 (1) The governing body of any municipality may adopt any or all of the provisions of
575 Title 63G, Chapter [
576 code.
577 (2) Notwithstanding Subsection (1), the governing body of each municipality that
578 engages the services of a professional architect, engineer, or surveyor and considers more than
579 one such professional for the engagement:
580 (a) shall consider, as a minimum, in the selection process:
581 (i) the qualifications, experience, and background of each firm submitting a proposal;
582 (ii) the specific individuals assigned to the project and the time commitments of each
583 to the project; and
584 (iii) the project schedule and the approach to the project that the firm will take; and
585 (b) may engage the services of a professional architect, engineer, or surveyor based on
586 the criteria under Subsection (2)(a) rather than solely on lowest cost.
587 Section 9. Section 11-17-20 is amended to read:
588 11-17-20. Power of the State Charter School Finance Authority.
589 (1) The State Charter School Finance Authority may exercise the powers granted to
590 municipalities and counties by this chapter, subject to the same limitations as that imposed on a
591 municipality or county under the chapter, except as provided by Title 53A, Chapter 20b, State
592 Charter School Finance Authority Act.
593 (2) As used in this chapter, "governing body" when applied to the State Charter School
594 Finance Authority means the authority's governing board as described in Section 53A-20b-103 .
595 (3) Notwithstanding Section 11-17-15 , a charter school that receives financing under
596 this chapter is subject to Title 63G, Chapter [
597 Section 10. Section 11-39-101 is amended to read:
598 11-39-101. Definitions.
599 As used in this chapter:
600 (1) "Bid limit" means:
601 (a) for a building improvement:
602 (i) for the year 2003, $40,000; and
603 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
604 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
605 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
606 year; and
607 (b) for a public works project:
608 (i) for the year 2003, $125,000; and
609 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
610 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
611 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
612 year.
613 (2) "Building improvement":
614 (a) means the construction or repair of a public building or structure; and
615 (b) does not include construction or repair at an international airport.
616 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
617 Consumers as published by the Bureau of Labor Statistics of the United States Department of
618 Labor.
619 (4) "Design-build project":
620 (a) means a building improvement or public works project costing over $250,000 with
621 respect to which both the design and construction are provided for in a single contract with a
622 contractor or combination of contractors capable of providing design-build services; and
623 (b) does not include a building improvement or public works project:
624 (i) that is undertaken by a local entity under contract with a construction manager that
625 guarantees the contract price and is at risk for any amount over the contract price; and
626 (ii) each component of which is competitively bid.
627 (5) "Design-build services" means the engineering, architectural, and other services
628 necessary to formulate and implement a design-build project, including its actual construction.
629 (6) "Emergency repairs" means a building improvement or public works project
630 undertaken on an expedited basis to:
631 (a) eliminate an imminent risk of damage to or loss of public or private property;
632 (b) remedy a condition that poses an immediate physical danger; or
633 (c) reduce a substantial, imminent risk of interruption of an essential public service.
634 (7) "Governing body" means:
635 (a) for a county, city, or town, the legislative body of the county, city, or town;
636 (b) for a local district, the board of trustees of the local district; and
637 (c) for a special service district:
638 (i) the legislative body of the county, city, or town that established the special service
639 district, if no administrative control board has been appointed under Section 17D-1-301 ; or
640 (ii) the administrative control board of the special service district, if an administrative
641 control board has been appointed under Section 17D-1-301 .
642 (8) "Local district" has the same meaning as defined in Section 17B-1-102 .
643 (9) "Local entity" means a county, city, town, local district, or special service district.
644 (10) "Lowest responsive responsible bidder" means a prime contractor who:
645 (a) has submitted a bid in compliance with the invitation to bid and within the
646 requirements of the plans and specifications for the building improvement or public works
647 project;
648 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
649 strength, past performance, integrity, reliability, and other factors that the local entity uses to
650 assess the ability of a bidder to perform fully and in good faith the contract requirements;
651 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
652 prime contract; and
653 (d) furnishes a payment and performance bond as required by law.
654 (11) "Procurement code" means the provisions of Title 63G, Chapter [
655 Procurement Code.
656 (12) "Public works project":
657 (a) means the construction of:
658 (i) a park or recreational facility; or
659 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
660 flood control; and
661 (b) does not include:
662 (i) the replacement or repair of existing infrastructure on private property;
663 (ii) construction commenced before June 1, 2003; and
664 (iii) construction or repair at an international airport.
665 (13) "Special service district" has the same meaning as defined in Section 17D-1-102 .
666 Section 11. Section 11-39-107 is amended to read:
667 11-39-107. Procurement code.
668 (1) This chapter may not be construed to:
669 (a) prohibit a county or municipal legislative body from adopting the procedures of the
670 procurement code; or
671 (b) limit the application of the procurement code to a local district or special service
672 district.
673 (2) A local entity may adopt procedures for the following construction contracting
674 methods:
675 (a) construction manager/general contractor, as defined in Section [
676 63G-6a-103 ; or
677 (b) a method that requires that the local entity draft a plan, specifications, and an
678 estimate for the building improvement or public works project.
679 (3) For a public works project only and that costs $10,000,000 or more, the following
680 may enter into a contract for design-build, as defined in Section [
681 adopt the procedures and follow the provisions of the procurement code for the procurement of
682 and as the procedures and provisions relate to a design-build:
683 (a) a city of the first class;
684 (b) a local district; or
685 (c) a special service district.
686 (4) (a) In seeking bids and awarding a contract for a building improvement or public
687 works project, a county or a municipal legislative body may elect to follow the provisions of
688 the procurement code, as the county or municipal legislative body considers appropriate under
689 the circumstances, for specification preparation, source selection, or contract formation.
690 (b) A county or municipal legislative body's election to adopt the procedures of the
691 procurement code may not excuse the county or municipality, respectively, from complying
692 with the requirements to award a contract for work in excess of the bid limit and to publish
693 notice of the intent to award.
694 (c) An election under Subsection (4)(a) may be made on a case-by-case basis, unless
695 the county or municipality has previously adopted [
696
697 (d) The county or municipal legislative body shall:
698 (i) make each election under Subsection (4)(a) in an open meeting; and
699 (ii) specify in its action the portions of the procurement code to be followed.
700 (5) If the estimated cost of the building improvement or public works project proposed
701 by a local district or special service district exceeds the bid limit, the governing body of the
702 local district or special service district may, if it determines to proceed with the building
703 improvement or public works project, use the competitive procurement procedures of the
704 procurement code in place of the comparable provisions of this chapter.
705 Section 12. Section 11-44-202 is amended to read:
706 11-44-202. Types of agreements.
707 Notwithstanding Section [
708 structure an energy service agreement as a guaranteed energy savings performance contract,
709 which shall include:
710 (1) the design and installation of an energy efficiency measure, if applicable;
711 (2) operation and maintenance of any energy efficiency measure implemented; and
712 (3) guaranteed annual cost savings that meet or exceed the total annual contract
713 payments by the political subdivision under the contract, including financing charges incurred
714 by the political subdivision over the life of the contract.
715 Section 13. Section 11-44-301 is amended to read:
716 11-44-301. Selection.
717 (1) A political subdivision shall follow the procedures outlined in Title 63G, Chapter
718 [
719 (2) The Division of Purchasing shall maintain a list of qualified energy service
720 providers.
721 (3) The qualified energy service provider selected from the bid process shall prepare an
722 investment grade energy audit, which shall become part of the final contract between the
723 political subdivision and the qualified energy service provider.
724 (4) The audit shall include:
725 (a) a detailed description of the energy efficiency measure;
726 (b) an estimated cost; and
727 (c) a projected cost savings.
728 Section 14. Section 13-2-9 is amended to read:
729 13-2-9. Internet -- Consumer education.
730 (1) The Division of Consumer Protection shall, subject to appropriation, contract with
731 a person to make public service announcements advising consumers about the dangers of using
732 the Internet, especially:
733 (a) material harmful to minors;
734 (b) steps a consumer may take to learn more about the dangers of using the Internet;
735 (c) information about how a service provider can help a consumer learn more about the
736 dangers of using the Internet, including the service provider's duties created by this bill; and
737 (d) how a consumer can monitor the Internet usage of family members.
738 (2) Money appropriated under Subsection (1) shall be paid by the Division of
739 Consumer Protection to a person only if:
740 (a) the person is a nonprofit organization; and
741 (b) the person agrees to spend private money amounting to two times the amount of
742 money provided by the Division of Consumer Protection during each fiscal year in accordance
743 with Subsection (1).
744 (3) In administering any money appropriated for use under this section, the Division of
745 Consumer Protection shall comply with Title 63G, Chapter [
746 Section 15. Section 14-1-18 is amended to read:
747 14-1-18. Definitions -- Application of Procurement Code to payment and
748 performance bonds.
749 (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
750 town, school district, local district, special service district, community development and
751 renewal agency, public corporation, institution of higher education of the state, public agency
752 of any political subdivision, and, to the extent provided by law, any other entity which expends
753 public funds for construction.
754 (b) For purposes of applying Section [
755 subdivision, "state" includes "political subdivision."
756 (2) [
757 Procurement Code, to the contrary, Section 63G-6a-1103 applies to all contracts for the
758 construction, alteration, or repair of any public building or public work of the state or a
759 political subdivision of the state.
760 Section 16. Section 17-16a-4 is amended to read:
761 17-16a-4. Prohibited use of official position -- Exception.
762 (1) Except as provided in Subsection (3), it is an offense for an elected or appointed
763 officer, under circumstances not amounting to a violation of Section [
764 63G-6a-2304 or 76-8-105 , to:
765 (a) disclose confidential information acquired by reason of the officer's official position
766 or use that information to secure special privileges or exemptions for himself or others;
767 (b) use or attempt to use the officer's official position to secure special privileges for
768 the officer or for others; or
769 (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
770 loan for the officer or for another, if the gift or loan tends to influence the officer in the
771 discharge of the officer's official duties.
772 (2) This section is inapplicable to:
773 (a) an occasional nonpecuniary gift having a value of less than $50;
774 (b) an award publicly presented;
775 (c) any bona fide loan made in the ordinary course of business; or
776 (d) political campaign contributions actually used in a political campaign.
777 (3) A member of a county legislative body who is also a member of the governing
778 board of a provider of mental health or substance abuse services under contract with the county
779 does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the
780 duties and responsibilities of each position, if the county legislative body member does not
781 participate in the process of selecting the mental health or substance abuse service provider.
782 Section 17. Section 17-43-202 is amended to read:
783 17-43-202. Local substance abuse authorities -- Requirements prior to
784 distributing public funds.
785 (1) Each local substance abuse authority shall award all public funds in compliance
786 with:
787 (a) the requirements of Title 63G, Chapter [
788 (b) a county procurement ordinance that requires similar procurement practices.
789 (2) If all initial bids on the project are rejected, the authority shall publish a new
790 invitation to bid. If no satisfactory bid is received by the authority when the bids received from
791 the second invitation are opened, the authority may execute a contract without requiring
792 competitive bidding.
793 (3) A local substance abuse authority need not comply with the procurement provisions
794 of this section when it disburses public funds to another political subdivision of the state or an
795 institution of higher education of the state.
796 (4) Each contract awarded by a local substance abuse authority shall be for a fixed
797 amount and limited period. A contract may be modified due to changes in available funding
798 for the same contract purpose without competition.
799 Section 18. Section 17-43-302 is amended to read:
800 17-43-302. Local mental health authorities -- Requirements prior to distributing
801 public funds.
802 (1) Each local mental health authority shall award all public funds by complying with
803 the requirements of Title 63G, Chapter [
804 county procurement ordinance which requires similar procurement practices.
805 (2) If all initial bids on the project are rejected, the authority shall publish a new
806 invitation to bid in the manner specified in this section. If no satisfactory bid is received by the
807 authority when the bids received from the second invitation are opened, the authority may
808 execute a contract without requiring competitive bidding.
809 (3) The local mental health authority need not comply with the procurement provisions
810 of this section when it disburses public funds to another political subdivision of the state or an
811 institution of higher education of the state.
812 (4) Each contract awarded by a local mental health authority shall be for a fixed
813 amount and limited period. A contract may be modified due to changes in available funding
814 for the same contract purpose without competition.
815 Section 19. Section 17-53-225 is amended to read:
816 17-53-225. County legislative body may adopt Utah Procurement Code --
817 Retention of records.
818 (1) A county legislative body may adopt any or all of the provisions of Title 63G,
819 Chapter [
820 (2) Whenever any county is required by law to receive bids for purchases, construction,
821 repairs, or any other purpose requiring the expenditure of funds, that county shall keep on file
822 all bids received, together with proof of advertisement by publication or otherwise, for:
823 (a) at least three years following the letting of any contract pursuant to those bids; or
824 (b) three years following the first advertisement for the bids, if all bids pursuant to that
825 advertisement are rejected.
826 Section 20. Section 17-53-313 is amended to read:
827 17-53-313. Hiring of professional architect, engineer, or surveyor.
828 Notwithstanding the adoption of some or all of the provisions of Title 63G, Chapter [
829 6a, Utah Procurement Code, under Section 17-53-225 , each county executive that engages the
830 services of a professional architect, engineer, or surveyor and considers more than one such
831 professional for the engagement:
832 (1) shall consider, as a minimum, in the selection process:
833 (a) the qualifications, experience, and background of each firm submitting a proposal;
834 (b) the specific individuals assigned to the project and the time commitments of each to
835 the project; and
836 (c) the project schedule and the approach to the project that the firm will take; and
837 (2) may engage the services of a professional architect, engineer, or surveyor based on
838 the criteria under Subsection (1) rather than solely on lowest cost.
839 Section 21. Section 17B-1-108 is amended to read:
840 17B-1-108. Restrictions on local district procurement of architect-engineer
841 services.
842 (1) As used in this section:
843 (a) "Architect-engineer services" means those professional services within the scope of
844 the practice of architecture as defined in Section 58-3a-102 .
845 (b) "Engineer services" means those professional services within the scope of the
846 practice of professional engineering as defined in Section 58-22-102 .
847 (2) When a local district elects to obtain architect services or engineering services by
848 using a competitive procurement process and has provided public notice of its competitive
849 procurement process:
850 (a) a higher education entity, or any part of one, may not submit a proposal in response
851 to the local district's competitive procurement process; and
852 (b) the local district may not award a contract to perform the architect services or
853 engineering services solicited in the competitive procurement process to a higher education
854 entity or any part of one.
855 (3) Notwithstanding Subsection [
856 board that engages the services of a professional architect, engineer, or surveyor and considers
857 more than one such professional for the engagement:
858 (a) shall consider, as a minimum, in the selection process:
859 (i) the qualifications, experience, and background of each firm submitting a proposal;
860 (ii) the specific individuals assigned to the project and the time commitments of each
861 to the project; and
862 (iii) the project schedule and the approach to the project that the firm will take; and
863 (b) may engage the services of a professional architect, engineer, or surveyor based on
864 the criteria under Subsection (3)(a) rather than solely on lowest cost.
865 Section 22. Section 17B-2a-818 is amended to read:
866 17B-2a-818. Requirements applicable to public transit district contracts.
867 (1) A public transit district shall comply with the applicable provisions of Title 63G,
868 Chapter [
869 (2) If construction of a district facility or work exceeds $750,000, the construction shall
870 be let as provided in:
871 (a) Title 63G, Chapter [
872 (b) Section 17B-2a-818.5 .
873 Section 23. Section 17B-2a-818.5 is amended to read:
874 17B-2a-818.5. Contracting powers of public transit districts -- Health insurance
875 coverage.
876 (1) For purposes of this section:
877 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
878 34A-2-104 who:
879 (i) works at least 30 hours per calendar week; and
880 (ii) meets employer eligibility waiting requirements for health care insurance which
881 may not exceed the first day of the calendar month following 90 days from the date of hire.
882 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
883 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
884 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
885 (2) (a) Except as provided in Subsection (3), this section applies to a design or
886 construction contract entered into by the public transit district on or after July 1, 2009, and to a
887 prime contractor or to a subcontractor in accordance with Subsection (2)(b).
888 (b) (i) A prime contractor is subject to this section if the prime contract is in the
889 amount of $1,500,000 or greater.
890 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
891 $750,000 or greater.
892 (3) This section does not apply if:
893 (a) the application of this section jeopardizes the receipt of federal funds;
894 (b) the contract is a sole source contract; or
895 (c) the contract is an emergency procurement.
896 (4) (a) This section does not apply to a change order as defined in Section [
897 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
898 threshold required by Subsection (2).
899 (b) A person who intentionally uses change orders or contract modifications to
900 circumvent the requirements of Subsection (2) is guilty of an infraction.
901 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the public transit
902 district that the contractor has and will maintain an offer of qualified health insurance coverage
903 for the contractor's employees and the employee's dependents during the duration of the
904 contract.
905 (b) If a subcontractor of the contractor is subject to Subsection (2)(b), the contractor
906 shall demonstrate to the public transit district that the subcontractor has and will maintain an
907 offer of qualified health insurance coverage for the subcontractor's employees and the
908 employee's dependents during the duration of the contract.
909 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
910 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
911 the public transit district under Subsection (6).
912 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
913 requirements of Subsection (5)(b).
914 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
915 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
916 the public transit district under Subsection (6).
917 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
918 requirements of Subsection (5)(a).
919 (6) The public transit district shall adopt ordinances:
920 (a) in coordination with:
921 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
922 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
923 (iii) the State Building Board in accordance with Section 63A-5-205 ;
924 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ; and
925 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
926 (b) which establish:
927 (i) the requirements and procedures a contractor shall follow to demonstrate to the
928 public transit district compliance with this section which shall include:
929 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
930 (b) more than twice in any 12-month period; and
931 (B) that the actuarially equivalent determination required for the qualified health
932 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
933 department or division with a written statement of actuarial equivalency from either:
934 (I) the Utah Insurance Department;
935 (II) an actuary selected by the contractor or the contractor's insurer; or
936 (III) an underwriter who is responsible for developing the employer group's premium
937 rates;
938 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
939 violates the provisions of this section, which may include:
940 (A) a three-month suspension of the contractor or subcontractor from entering into
941 future contracts with the public transit district upon the first violation;
942 (B) a six-month suspension of the contractor or subcontractor from entering into future
943 contracts with the public transit district upon the second violation;
944 (C) an action for debarment of the contractor or subcontractor in accordance with
945 Section [
946 (D) monetary penalties which may not exceed 50% of the amount necessary to
947 purchase qualified health insurance coverage for employees and dependents of employees of
948 the contractor or subcontractor who were not offered qualified health insurance coverage
949 during the duration of the contract; and
950 (iii) a website on which the district shall post the benchmark for the qualified health
951 insurance coverage identified in Subsection (1)(c).
952 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(b)(ii), a contractor
953 or subcontractor who intentionally violates the provisions of this section shall be liable to the
954 employee for health care costs that would have been covered by qualified health insurance
955 coverage.
956 (ii) An employer has an affirmative defense to a cause of action under Subsection
957 (7)(a)(i) if:
958 (A) the employer relied in good faith on a written statement of actuarial equivalency
959 provided by an:
960 (I) actuary; or
961 (II) underwriter who is responsible for developing the employer group's premium rates;
962 or
963 (B) a department or division determines that compliance with this section is not
964 required under the provisions of Subsection (3) or (4).
965 (b) An employee has a private right of action only against the employee's employer to
966 enforce the provisions of this Subsection (7).
967 (8) Any penalties imposed and collected under this section shall be deposited into the
968 Medicaid Restricted Account created in Section 26-18-402 .
969 (9) The failure of a contractor or subcontractor to provide qualified health insurance
970 coverage as required by this section:
971 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
972 or contractor under Section [
973 Chapter [
974 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
975 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
976 or construction.
977 Section 24. Section 17D-1-106 is amended to read:
978 17D-1-106. Special service districts subject to other provisions.
979 (1) A special service district is, to the same extent as if it were a local district, subject
980 to and governed by:
981 (a) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , [
982 17B-1-112 , 17B-1-113 , 17B-1-116 , 17B-1-118 , 17B-1-119 , 17B-1-120 , and 17B-1-121 ;
983 (b) Subsections 17B-1-301 (3) and (4), Sections 17B-1-304 , 17B-1-305 , 17B-1-306 ,
984 17B-1-307 , 17B-1-310 , 17B-1-312 , 17B-1-313 , and 17B-1-314 ;
985 (c) Section 20A-1-512 ;
986 (d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
987 (e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
988 (f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
989 (g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
990 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
991 district, each reference in those provisions to the local district board of trustees means the
992 governing body.
993 Section 25. Section 17D-2-108 is amended to read:
994 17D-2-108. Other statutory provisions.
995 (1) This chapter is supplemental to existing laws relating to a local entity's acquisition,
996 use, maintenance, management, or operation of a project.
997 (2) Except as provided in this chapter, a local entity or local building authority that
998 complies with the provisions of this chapter need not comply with any other statutory provision
999 concerning the acquisition, construction, use, or maintenance of a project, including:
1000 (a) a statute relating to public bidding; and
1001 (b) Title 63G, Chapter [
1002 (3) A local building authority is, to the same extent as if it were a local district, subject
1003 to and governed by:
1004 (a) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
1005 (b) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
1006 (c) Section 17B-1-108 .
1007 Section 26. Section 19-1-206 is amended to read:
1008 19-1-206. Contracting powers of department -- Health insurance coverage.
1009 (1) For purposes of this section:
1010 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
1011 34A-2-104 who:
1012 (i) works at least 30 hours per calendar week; and
1013 (ii) meets employer eligibility waiting requirements for health care insurance which
1014 may not exceed the first day of the calendar month following 90 days from the date of hire.
1015 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
1016 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
1017 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
1018 (2) (a) Except as provided in Subsection (3), this section applies to a design or
1019 construction contract entered into by or delegated to the department or a division or board of
1020 the department on or after July 1, 2009, and to a prime contractor or subcontractor in
1021 accordance with Subsection (2)(b).
1022 (b) (i) A prime contractor is subject to this section if the prime contract is in the
1023 amount of $1,500,000 or greater.
1024 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
1025 $750,000 or greater.
1026 (3) This section does not apply to contracts entered into by the department or a division
1027 or board of the department if:
1028 (a) the application of this section jeopardizes the receipt of federal funds;
1029 (b) the contract or agreement is between:
1030 (i) the department or a division or board of the department; and
1031 (ii) (A) another agency of the state;
1032 (B) the federal government;
1033 (C) another state;
1034 (D) an interstate agency;
1035 (E) a political subdivision of this state; or
1036 (F) a political subdivision of another state;
1037 (c) the executive director determines that applying the requirements of this section to a
1038 particular contract interferes with the effective response to an immediate health and safety
1039 threat from the environment; or
1040 (d) the contract is:
1041 (i) a sole source contract; or
1042 (ii) an emergency procurement.
1043 (4) (a) This section does not apply to a change order as defined in Section [
1044 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
1045 threshold required by Subsection (2).
1046 (b) A person who intentionally uses change orders or contract modifications to
1047 circumvent the requirements of Subsection (2) is guilty of an infraction.
1048 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the executive
1049 director that the contractor has and will maintain an offer of qualified health insurance
1050 coverage for the contractor's employees and the employees' dependents during the duration of
1051 the contract.
1052 (b) If a subcontractor of the contractor is subject to Subsection (2), the contractor shall
1053 demonstrate to the executive director that the subcontractor has and will maintain an offer of
1054 qualified health insurance coverage for the subcontractor's employees and the employees'
1055 dependents during the duration of the contract.
1056 (c) (i) (A) A contractor who fails to comply with Subsection (5)(a) during the duration
1057 of the contract is subject to penalties in accordance with administrative rules adopted by the
1058 department under Subsection (6).
1059 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
1060 requirements of Subsection (5)(b).
1061 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
1062 the duration of the contract is subject to penalties in accordance with administrative rules
1063 adopted by the department under Subsection (6).
1064 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
1065 requirements of Subsection (5)(a).
1066 (6) The department shall adopt administrative rules:
1067 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1068 (b) in coordination with:
1069 (i) a public transit district in accordance with Section 17B-2a-818.5 ;
1070 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
1071 (iii) the State Building Board in accordance with Section 63A-5-205 ;
1072 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
1073 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
1074 (vi) the Legislature's Administrative Rules Review Committee; and
1075 (c) which establish:
1076 (i) the requirements and procedures a contractor shall follow to demonstrate to the
1077 public transit district compliance with this section that shall include:
1078 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
1079 (b) more than twice in any 12-month period; and
1080 (B) that the actuarially equivalent determination required for the qualified health
1081 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
1082 department or division with a written statement of actuarial equivalency from either:
1083 (I) the Utah Insurance Department;
1084 (II) an actuary selected by the contractor or the contractor's insurer; or
1085 (III) an underwriter who is responsible for developing the employer group's premium
1086 rates;
1087 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
1088 violates the provisions of this section, which may include:
1089 (A) a three-month suspension of the contractor or subcontractor from entering into
1090 future contracts with the state upon the first violation;
1091 (B) a six-month suspension of the contractor or subcontractor from entering into future
1092 contracts with the state upon the second violation;
1093 (C) an action for debarment of the contractor or subcontractor in accordance with
1094 Section [
1095 (D) notwithstanding Section 19-1-303 , monetary penalties which may not exceed 50%
1096 of the amount necessary to purchase qualified health insurance coverage for an employee and
1097 the dependents of an employee of the contractor or subcontractor who was not offered qualified
1098 health insurance coverage during the duration of the contract; and
1099 (iii) a website on which the department shall post the benchmark for the qualified
1100 health insurance coverage identified in Subsection (1)(c).
1101 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c), a contractor or
1102 subcontractor who intentionally violates the provisions of this section shall be liable to the
1103 employee for health care costs that would have been covered by qualified health insurance
1104 coverage.
1105 (ii) An employer has an affirmative defense to a cause of action under Subsection
1106 (7)(a)(i) if:
1107 (A) the employer relied in good faith on a written statement of actuarial equivalency
1108 provided by:
1109 (I) an actuary; or
1110 (II) an underwriter who is responsible for developing the employer group's premium
1111 rates; or
1112 (B) the department determines that compliance with this section is not required under
1113 the provisions of Subsection (3) or (4).
1114 (b) An employee has a private right of action only against the employee's employer to
1115 enforce the provisions of this Subsection (7).
1116 (8) Any penalties imposed and collected under this section shall be deposited into the
1117 Medicaid Restricted Account created in Section 26-18-402 .
1118 (9) The failure of a contractor or subcontractor to provide qualified health insurance
1119 coverage as required by this section:
1120 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
1121 or contractor under Section [
1122 Chapter [
1123 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
1124 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
1125 or construction.
1126 Section 27. Section 20A-11-701 is amended to read:
1127 20A-11-701. Campaign financial reporting by corporations -- Filing requirements
1128 -- Statement contents.
1129 (1) (a) Each corporation that has made expenditures for political purposes that total at
1130 least $750 during a calendar year shall file a verified financial statement with the lieutenant
1131 governor's office:
1132 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1133 (ii) seven days before the regular primary election date;
1134 (iii) on August 31; and
1135 (iv) seven days before the regular general election date.
1136 (b) The corporation shall report:
1137 (i) a detailed listing of all expenditures made since the last statement;
1138 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
1139 expenditures as of five days before the required filing date of the financial statement; and
1140 (iii) whether the corporation, including an officer of the corporation, director of the
1141 corporation, or person with at least 10% ownership in the corporation:
1142 (A) has bid since the last financial statement on a contract, as defined in Section
1143 [
1144 (B) is currently bidding on a contract, as defined in Section [
1145 in excess of $100,000; or
1146 (C) is a party to a contract, as defined in Section [
1147 $100,000.
1148 (c) The corporation need not file a financial statement under this section if the
1149 corporation made no expenditures during the reporting period.
1150 (2) The financial statement shall include:
1151 (a) the name and address of each reporting entity that received an expenditure from the
1152 corporation, and the amount of each expenditure;
1153 (b) the total amount of expenditures disbursed by the corporation; and
1154 (c) a statement by the corporation's treasurer or chief financial officer certifying the
1155 accuracy of the financial statement.
1156 Section 28. Section 26-8a-405.3 is amended to read:
1157 26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
1158 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
1159 Section 26-8a-405.2 , or for non-911 services under Section 26-8a-405.4 , shall be solicited
1160 through a request for proposal and the provisions of this section.
1161 (b) The governing body of the political subdivision shall approve the request for
1162 proposal prior to the notice of the request for proposals under Subsection (1)(c).
1163 (c) (i) Notice of the request for proposals shall be published:
1164 (A) at least once a week for three consecutive weeks in a newspaper of general
1165 circulation published in the county; or
1166 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1167 least five public places in the county; and
1168 (ii) in accordance with Section 45-1-101 for at least 20 days.
1169 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1170 offerors during the process of negotiations.
1171 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1172 political subdivision shall hold a presubmission conference with interested applicants for the
1173 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
1174 (ii) A political subdivision shall allow at least 90 days from the presubmission
1175 conference for the proposers to submit proposals.
1176 (c) Subsequent to the presubmission conference, the political subdivision may issue
1177 addenda to the request for proposals. An addenda to a request for proposal shall be finalized
1178 and posted by the political subdivision at least 45 days before the day on which the proposal
1179 must be submitted.
1180 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1181 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1182 permitted after submission and before a contract is awarded for the purpose of obtaining best
1183 and final offers.
1184 (e) In conducting discussions, there shall be no disclosures of any information derived
1185 from proposals submitted by competing offerors.
1186 (3) (a) (i) A political subdivision may select an applicant approved by the department
1187 under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
1188 most responsible offeror as defined in [
1189 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1190 proposal is determined in writing to be the most advantageous to the political subdivision,
1191 taking into consideration price and the evaluation factors set forth in the request for proposal.
1192 (b) The applicants who are approved under Section 26-8a-405 and who are selected
1193 under this section may be the political subdivision issuing the request for competitive sealed
1194 proposals, or any other public entity or entities, any private person or entity, or any
1195 combination thereof.
1196 (c) A political subdivision may reject all of the competitive proposals.
1197 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1198 a political subdivision:
1199 (a) shall apply the public convenience and necessity factors listed in Subsections
1200 26-8a-408 (2) through (6);
1201 (b) shall require the applicant responding to the proposal to disclose how the applicant
1202 will meet performance standards in the request for proposal;
1203 (c) may not require or restrict an applicant to a certain method of meeting the
1204 performance standards, including:
1205 (i) requiring ambulance medical personnel to also be a firefighter; or
1206 (ii) mandating that offerors use fire stations or dispatch services of the political
1207 subdivision;
1208 (d) shall require an applicant to submit the proposal:
1209 (i) based on full cost accounting in accordance with generally accepted accounting
1210 principals; and
1211 (ii) if the applicant is a governmental entity, in addition to the requirements of
1212 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1213 in compliance with the State of Utah Legal Compliance Audit Guide; and
1214 (e) shall set forth in the request for proposal:
1215 (i) the method for determining full cost accounting in accordance with generally
1216 accepted accounting principles, and require an applicant to submit the proposal based on such
1217 full cost accounting principles;
1218 (ii) guidelines established to further competition and provider accountability; and
1219 (iii) a list of the factors that will be considered by the political subdivision in the award
1220 of the contract, including by percentage, the relative weight of the factors established under this
1221 Subsection (4)(e), which may include such things as:
1222 (A) response times;
1223 (B) staging locations;
1224 (C) experience;
1225 (D) quality of care; and
1226 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1227 (5) (a) Notwithstanding [
1228 of Title 63G, Chapter 6a, Utah Procurement Code, to the contrary, the provisions of Title 63G,
1229 Chapter [
1230 procurement process required by this section, except as provided in Subsection (5)(c).
1231 (b) [
1232 as defined in Section 63G-6a-103 , shall have jurisdiction to review and determine an appeal of
1233 an offeror under this section in the same manner as provided in Section [
1234 63G-6a-1703 .
1235 (c) (i) An offeror may appeal the solicitation or award as provided by the political
1236 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
1237 may appeal under the provisions of Subsections (5)(a) and (b).
1238 (ii) The factual determination required by Subsection [
1239 shall be based on whether the solicitation or award was made in accordance with the
1240 procedures set forth in this section and Section 26-8a-405.2 .
1241 (d) The determination of an issue of fact by the appeals board shall be final and
1242 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
1243 [
1244 Section 29. Section 26-8a-405.5 is amended to read:
1245 26-8a-405.5. Use of competitive sealed proposals -- Procedure -- Appeal rights.
1246 (1) (a) The department shall issue a request for proposal for non-911 services in a
1247 geographic service area if the department receives a request from a political subdivision under
1248 Subsection 26-8a-405.4 (3)(a)(ii)(B) to issue a request for proposal for non-911 services.
1249 (b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall be
1250 solicited through a request for proposal and the provisions of this section.
1251 (c) (i) Notice of the request for proposals shall be published:
1252 (A) at least once a week for three consecutive weeks in a newspaper of general
1253 circulation published in the county; or
1254 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1255 least five public places in the county; and
1256 (ii) in accordance with Section 45-1-101 for at least 20 days.
1257 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1258 offerors during the process of negotiations.
1259 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1260 department shall hold a presubmission conference with interested applicants for the purpose of
1261 assuring full understanding of, and responsiveness to, solicitation requirements.
1262 (ii) The department shall allow at least 90 days from the presubmission conference for
1263 the proposers to submit proposals.
1264 (c) Subsequent to the presubmission conference, the department may issue addenda to
1265 the request for proposals. An addenda to a request for proposal shall be finalized and posted by
1266 the department at least 45 days before the day on which the proposal must be submitted.
1267 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1268 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1269 permitted after submission and before a contract is awarded for the purpose of obtaining best
1270 and final offers.
1271 (e) In conducting discussions, there shall be no disclosures of any information derived
1272 from proposals submitted by competing offerors.
1273 (3) (a) (i) The department may select an applicant approved by the department under
1274 Section 26-8a-404 to provide non-911 services by contract to the most responsible offeror as
1275 defined in [
1276 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1277 proposal is determined in writing to be the most advantageous to the public, taking into
1278 consideration price and the evaluation factors set forth in the request for proposal.
1279 (b) The applicants who are approved under Section 26-8a-405 and who are selected
1280 under this section may be the political subdivision responding to the request for competitive
1281 sealed proposals, or any other public entity or entities, any private person or entity, or any
1282 combination thereof.
1283 (c) The department may reject all of the competitive proposals.
1284 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1285 the department:
1286 (a) shall consider the public convenience and necessity factors listed in Subsections
1287 26-8a-408 (2) through (6);
1288 (b) shall require the applicant responding to the proposal to disclose how the applicant
1289 will meet performance standards in the request for proposal;
1290 (c) may not require or restrict an applicant to a certain method of meeting the
1291 performance standards, including:
1292 (i) requiring ambulance medical personnel to also be a firefighter; or
1293 (ii) mandating that offerors use fire stations or dispatch services of the political
1294 subdivision;
1295 (d) shall require an applicant to submit the proposal:
1296 (i) based on full cost accounting in accordance with generally accepted accounting
1297 principals; and
1298 (ii) if the applicant is a governmental entity, in addition to the requirements of
1299 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1300 in compliance with the State of Utah Legal Compliance Audit Guide; and
1301 (e) shall set forth in the request for proposal:
1302 (i) the method for determining full cost accounting in accordance with generally
1303 accepted accounting principles, and require an applicant to submit the proposal based on such
1304 full cost accounting principles;
1305 (ii) guidelines established to further competition and provider accountability; and
1306 (iii) a list of the factors that will be considered by the department in the award of the
1307 contract, including by percentage, the relative weight of the factors established under this
1308 Subsection (4)(e), which may include such things as:
1309 (A) response times;
1310 (B) staging locations;
1311 (C) experience;
1312 (D) quality of care; and
1313 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1314 (5) A license issued under this section:
1315 (a) is for the exclusive geographic service area approved by the department;
1316 (b) is valid for four years;
1317 (c) is not subject to a request for license from another applicant under the provisions of
1318 Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license
1319 is revoked under Section 26-8a-504 ;
1320 (d) is subject to supervision by the department under Sections 26-8a-503 and
1321 26-8a-504 ; and
1322 (e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections
1323 26-8a-406 through 26-8a-409 .
1324 Section 30. Section 26-10-8 is amended to read:
1325 26-10-8. Request for proposal required for non-state supplied services.
1326 (1) Funds provided to the department through Sections 51-9-201 and 59-14-204 to be
1327 used to provide services, shall be awarded to non-governmental entities based on a competitive
1328 process consistent with Title 63G, Chapter [
1329 (2) Beginning July 1, 2010, and not more than every five years thereafter, the
1330 department shall issue requests for proposals for new or renewing contracts to award funding
1331 for programs under Subsection (1).
1332 Section 31. Section 26-10b-102 is amended to read:
1333 26-10b-102. Department to award grants and contracts -- Applications.
1334 (1) (a) Within appropriations specified by the Legislature for this purpose, the
1335 department may make grants to public and nonprofit entities for the cost of operation of
1336 providing primary health care services to medically underserved populations.
1337 (b) The department may, as funding permits, contract with community based
1338 organizations for the purpose of developing culturally and linguistically appropriate programs
1339 and services for low income and medically underserved populations through a pilot program to
1340 accomplish one or more of the following:
1341 (i) to educate individuals:
1342 (A) to use private and public health care coverage programs, products, services, and
1343 resources in a timely, effective, and responsible manner;
1344 (B) to make prudent use of private and public health care resources;
1345 (C) to pursue preventive health care, health screenings, and disease management; and
1346 (D) to locate health care programs and services;
1347 (ii) to assist individuals to develop:
1348 (A) personal health management;
1349 (B) self-sufficiency in daily care; and
1350 (C) life and disease management skills;
1351 (iii) to support translation of health materials and information;
1352 (iv) to facilitate an individual's access to primary care services and providers, including
1353 mental health services; and
1354 (v) to measure and report empirical results of the pilot project.
1355 (2) (a) Grants by the department shall be awarded based on:
1356 (i) applications submitted to the department in the manner and form prescribed by the
1357 department; and
1358 (ii) the criteria established in Section 26-10b-103 .
1359 (b) The application for a grant under Subsection (2)(a) shall contain:
1360 (i) a requested award amount;
1361 (ii) a budget; and
1362 (iii) a narrative plan of the manner in which the applicant intends to provide the
1363 primary health care services described in Subsection 26-10b-101 (7).
1364 (c) A contract bid for a service under Subsection (1)(b):
1365 (i) shall be awarded in accordance with Title 63G, Chapter [
1366 Code;
1367 (ii) shall include the information described in Section 26-10b-103 ; and
1368 (iii) is subject to Subsection (3) [
1369 (3) (a) An applicant under this chapter shall demonstrate to the department that the
1370 applicant will not deny services to a person because of the person's inability to pay for the
1371 services.
1372 (b) Subsection (3)(a) does not preclude an applicant from seeking payment from the
1373 person receiving services, a third party, or a government agency if:
1374 (i) the applicant is authorized to charge for the services; and
1375 (ii) the person, third party, or government agency is under legal obligation to pay the
1376 charges.
1377 (4) The department shall maximize the use of federal matching funds received for
1378 services under Subsection (1)(b) to fund additional contracts under Subsection (1)(b).
1379 Section 32. Section 26-18-2.6 is amended to read:
1380 26-18-2.6. Dental benefits.
1381 (1) (a) The division shall establish a competitive bid process to bid out Medicaid dental
1382 benefits under this chapter.
1383 (b) The division may bid out the Medicaid dental benefits separately from other
1384 program benefits.
1385 (2) The division shall use the following criteria to evaluate dental bids:
1386 (a) ability to manage dental expenses;
1387 (b) proven ability to handle dental insurance;
1388 (c) efficiency of claim paying procedures;
1389 (d) provider contracting, discounts, and adequacy of network; and
1390 (e) other criteria established by the department.
1391 (3) The division shall request bids for the program's benefits:
1392 (a) in 2011; and
1393 (b) at least once every five years thereafter.
1394 (4) The division's contract with dental plans for the program's benefits shall include
1395 risk sharing provisions in which the dental plan must accept 100% of the risk for any difference
1396 between the division's premium payments per client and actual dental expenditures.
1397 (5) The division may not award contracts to:
1398 (a) more than three responsive bidders under this section; or
1399 (b) an insurer that does not have a current license in the state.
1400 (6) (a) The division may cancel the request for proposals if:
1401 (i) there are no responsive bidders; or
1402 (ii) the division determines that accepting the bids would increase the program's costs.
1403 (b) If the division cancels the request for proposals under Subsection (6)(a), the
1404 division shall report to the Health and Human Services Committee regarding the reasons for
1405 the decision.
1406 (7) Title 63G, Chapter [
1407 Section 33. Section 26-40-110 is amended to read:
1408 26-40-110. Managed care -- Contracting for services.
1409 (1) Program benefits provided to enrollees under the program, as described in Section
1410 26-40-106 , shall be delivered in a managed care system if the department determines that
1411 adequate services are available where the enrollee lives or resides.
1412 (2) (a) The department shall use the following criteria to evaluate bids from health
1413 plans:
1414 (i) ability to manage medical expenses, including mental health costs;
1415 (ii) proven ability to handle accident and health insurance;
1416 (iii) efficiency of claim paying procedures;
1417 (iv) proven ability for managed care and quality assurance;
1418 (v) provider contracting and discounts;
1419 (vi) pharmacy benefit management;
1420 (vii) an estimate of total charges for administering the pool;
1421 (viii) ability to administer the pool in a cost-efficient manner;
1422 (ix) the ability to provide adequate providers and services in the state; and
1423 (x) other criteria established by the department.
1424 (b) The dental benefits required by Section 26-40-106 may be bid out separately from
1425 other program benefits.
1426 (c) Except for dental benefits, the department shall request bids for the program's
1427 benefits in 2008. The department shall request bids for the program's dental benefits in 2009.
1428 The department shall request bids for the program's benefits at least once every five years
1429 thereafter.
1430 (d) The department's contract with health plans for the program's benefits shall include
1431 risk sharing provisions in which the health plan shall accept at least 75% of the risk for any
1432 difference between the department's premium payments per client and actual medical
1433 expenditures.
1434 (3) The executive director shall report to and seek recommendations from the Health
1435 Advisory Council created in Section 26-1-7.5 :
1436 (a) if the division receives less than two bids or proposals under this section that are
1437 acceptable to the division or responsive to the bid; and
1438 (b) before awarding a contract to a managed care system.
1439 (4) (a) The department shall award contracts to responsive bidders if the department
1440 determines that a bid is acceptable and meets the criteria of Subsections (2)(a) and (d).
1441 (b) The department may contract with the Group Insurance Division within the Utah
1442 State Retirement Office to provide services under Subsection (1) if:
1443 (i) the executive director seeks the recommendation of the Health Advisory Council
1444 under Subsection (3); and
1445 (ii) the executive director determines that the bids were not acceptable to the
1446 department.
1447 (c) In accordance with Section 49-20-201 , a contract awarded under Subsection (4)(b)
1448 is not subject to the risk sharing required by Subsection (2)(d).
1449 (5) Title 63G, Chapter [
1450 Section 34. Section 30-3-11.3 is amended to read:
1451 30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
1452 Curriculum -- Exceptions.
1453 (1) The Judicial Council shall approve and implement a mandatory course for
1454 divorcing parents in all judicial districts. The mandatory course is designed to educate and
1455 sensitize divorcing parties to their children's needs both during and after the divorce process.
1456 (2) The Judicial Council shall adopt rules to implement and administer this program.
1457 (3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
1458 mandatory course on their children's needs after filing a complaint for divorce and receiving a
1459 docket number, unless waived under Section 30-3-4 . If that requirement is waived, the court
1460 may permit the divorce action to proceed.
1461 (4) The court may require unmarried parents to attend this educational course when
1462 those parents are involved in a visitation or custody proceeding before the court.
1463 (5) The mandatory course shall instruct both parties:
1464 (a) about divorce and its impacts on:
1465 (i) their child or children;
1466 (ii) their family relationship; and
1467 (iii) their financial responsibilities for their child or children; and
1468 (b) that domestic violence has a harmful effect on children and family relationships.
1469 (6) The Administrative Office of the Courts shall administer the course pursuant to
1470 Title 63G, Chapter [
1471 organize the program in each of Utah's judicial districts. The contracts shall provide for the
1472 recoupment of administrative expenses through the costs charged to individual parties,
1473 pursuant to Subsection (8).
1474 (7) A certificate of completion constitutes evidence to the court of course completion
1475 by the parties.
1476 (8) (a) Each party shall pay the costs of the course to the independent contractor
1477 providing the course at the time and place of the course. A fee of $8 shall be collected, as part
1478 of the course fee paid by each participant, and deposited in the Children's Legal Defense
1479 Account, described in Section 51-9-408 .
1480 (b) Each party who is unable to pay the costs of the course may attend the course
1481 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
1482 impecuniosity filed in the district court. In those situations, the independent contractor shall be
1483 reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
1484 "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
1485 may be entered, the court shall make a final review and determination of impecuniosity and
1486 may order the payment of the costs if so determined.
1487 (9) Appropriations from the General Fund to the Administrative Office of the Courts
1488 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
1489 the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
1490 (10) The Administrative Office of the Courts shall adopt a program to evaluate the
1491 effectiveness of the mandatory educational course. Progress reports shall be provided if
1492 requested by the Judiciary Interim Committee.
1493 Section 35. Section 30-3-11.4 is amended to read:
1494 30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
1495 Curriculum -- Exceptions.
1496 (1) There is established a mandatory divorce orientation course for all parties with
1497 minor children who file a petition for temporary separation or for a divorce. A couple with no
1498 minor children are not required, but may choose to attend the course. The purpose of the
1499 course shall be to educate parties about the divorce process and reasonable alternatives.
1500 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
1501 filing a petition for divorce.
1502 (3) The respondent shall attend the divorce orientation course no more than 30 days
1503 after being served with a petition for divorce.
1504 (4) The clerk of the court shall provide notice to a petitioner of the requirement for the
1505 course, and information regarding the course shall be included with the petition or motion,
1506 when served on the respondent.
1507 (5) The divorce orientation course shall be neutral, unbiased, at least one hour in
1508 duration, and include:
1509 (a) options available as alternatives to divorce;
1510 (b) resources available from courts and administrative agencies for resolving custody
1511 and support issues without filing for divorce;
1512 (c) resources available to improve or strengthen the marriage;
1513 (d) a discussion of the positive and negative consequences of divorce;
1514 (e) a discussion of the process of divorce;
1515 (f) options available for proceeding with a divorce, including:
1516 (i) mediation;
1517 (ii) collaborative law; and
1518 (iii) litigation; and
1519 (g) a discussion of post-divorce resources.
1520 (6) The course may be provided in conjunction with the mandatory course for
1521 divorcing parents required by Section 30-3-11.3 .
1522 (7) The Administrative Office of the Courts shall administer the course pursuant to
1523 Title 63G, Chapter [
1524 (8) Each participant shall pay the costs of the course, which may not exceed $20, to the
1525 independent contractor providing the course at the time and place of the course.
1526 (a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
1527 deposited in the Children's Legal Defense Account described in Section 51-9-408 .
1528 (b) A participant who is unable to pay the costs of the course may attend without
1529 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
1530 petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
1531 of the Courts. A petitioner who is later determined not to meet the qualifications for
1532 impecuniosity may be ordered to pay the costs of the course.
1533 (9) Appropriations from the General Fund to the Administrative Office of the Courts
1534 for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
1535 determined to be impecunious as provided in Subsection (8)(b).
1536 (10) The Online Court Assistance Program shall include instructions with the forms for
1537 divorce which inform the petitioner of the requirement of this section.
1538 (11) Both parties shall attend a divorce orientation course before a divorce decree may
1539 be entered, unless waived by the court. A certificate of completion constitutes evidence to the
1540 court of course completion by the parties.
1541 (12) It shall be an affirmative defense in all divorce actions that the divorce orientation
1542 requirement was not complied with, and the action may not continue until a party has
1543 complied.
1544 (13) The Administrative Office of the Courts shall adopt a program to evaluate the
1545 effectiveness of the mandatory educational course. Progress reports shall be provided if
1546 requested by the Judiciary Interim Committee.
1547 Section 36. Section 30-3-38 is amended to read:
1548 30-3-38. Expedited Parent-time Enforcement Program.
1549 (1) There is established an Expedited Parent-time Enforcement Program in the third
1550 judicial district to be administered by the Administrative Office of the Courts.
1551 (2) As used in this section:
1552 (a) "Mediator" means a person who:
1553 (i) is qualified to mediate parent-time disputes under criteria established by the
1554 Administrative Office of the Courts; and
1555 (ii) agrees to follow billing guidelines established by the Administrative Office of the
1556 Courts and this section.
1557 (b) "Services to facilitate parent-time" or "services" means services designed to assist
1558 families in resolving parent-time problems through:
1559 (i) counseling;
1560 (ii) supervised parent-time;
1561 (iii) neutral drop-off and pick-up;
1562 (iv) educational classes; and
1563 (v) other related activities.
1564 (3) (a) If a parent files a motion in the third district court alleging that court-ordered
1565 parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
1566 shall refer the case to the administrator of this program for assignment to a mediator, unless a
1567 parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent
1568 residing outside of the state is not unavailable. The director of the program for the courts, the
1569 court, or the mediator may excuse either party from the requirement to mediate for good cause.
1570 (b) Upon receipt of a case, the mediator shall:
1571 (i) meet with the parents to address parent-time issues within 15 days of the motion
1572 being filed;
1573 (ii) assess the situation;
1574 (iii) facilitate an agreement on parent-time between the parents; and
1575 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
1576 warranted.
1577 (c) While a case is in mediation, a mediator may refer the parents to a service provider
1578 designated by the Department of Human Services for services to facilitate parent-time if:
1579 (i) the services may be of significant benefit to the parents; or
1580 (ii) (A) a mediated agreement between the parents is unlikely; and
1581 (B) the services may facilitate an agreement.
1582 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
1583 case to the administrator of the program for referral to the judge or court commissioner to
1584 whom the case was assigned under Subsection (3)(a) if:
1585 (i) a written agreement between the parents is reached; or
1586 (ii) the parents are unable to reach an agreement through mediation and:
1587 (A) the parents have received services to facilitate parent-time;
1588 (B) both parents object to receiving services to facilitate parent-time; or
1589 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
1590 (e) Upon receiving a case from the administrator of the program, a judge or court
1591 commissioner may:
1592 (i) review the agreement of the parents and, if acceptable, sign it as an order;
1593 (ii) order the parents to receive services to facilitate parent-time;
1594 (iii) proceed with the case; or
1595 (iv) take other appropriate action.
1596 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
1597 child who is the subject of a parent-time order against the other parent or a member of the other
1598 parent's household to a mediator or service provider, the mediator or service provider shall
1599 immediately report that information to:
1600 (i) the judge assigned to the case who may immediately issue orders and take other
1601 appropriate action to resolve the allegation and protect the child; and
1602 (ii) the Division of Child and Family Services within the Department of Human
1603 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
1604 Reporting Requirements.
1605 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
1606 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
1607 order of the court, be supervised until:
1608 (i) the allegation has been resolved; or
1609 (ii) a court orders otherwise.
1610 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
1611 mediate parent-time problems and a service provider may continue to provide services to
1612 facilitate parent-time unless otherwise ordered by a court.
1613 (5) (a) The Department of Human Services may contract with one or more entities in
1614 accordance with Title 63G, Chapter [
1615 (i) services to facilitate parent-time;
1616 (ii) case management services; and
1617 (iii) administrative services.
1618 (b) An entity who contracts with the Department of Human Services under Subsection
1619 (5)(a) shall:
1620 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
1621 (ii) agree to follow billing guidelines established by the Department of Human Services
1622 and this section.
1623 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
1624 (i) reduced to a sum certain;
1625 (ii) divided equally between the parents; and
1626 (iii) charged against each parent taking into account the ability of that parent to pay
1627 under billing guidelines adopted in accordance with this section.
1628 (b) A judge may order a parent to pay an amount in excess of that provided for in
1629 Subsection (6)(a) if the parent:
1630 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
1631 or
1632 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
1633 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
1634 parents at periodic intervals.
1635 (ii) Mediation and services to facilitate parent-time may only be terminated on the
1636 ground of nonpayment if both parents are delinquent.
1637 (7) (a) The Judicial Council may make rules to implement and administer the
1638 provisions of this program related to mediation.
1639 (b) The Department of Human Services may make rules to implement and administer
1640 the provisions of this program related to services to facilitate parent-time.
1641 (8) (a) The Administrative Office of the Courts shall adopt outcome measures to
1642 evaluate the effectiveness of the mediation component of this program. Progress reports shall
1643 be provided to the Judiciary Interim Committee as requested by the committee.
1644 (b) The Department of Human Services shall adopt outcome measures to evaluate the
1645 effectiveness of the services component of this program. Progress reports shall be provided to
1646 the Judiciary Interim Committee as requested by the committee.
1647 (c) The Administrative Office of the Courts and the Department of Human Services
1648 may adopt joint outcome measures and file joint reports to satisfy the requirements of
1649 Subsections (7)(a) and (b).
1650 (9) The Department of Human Services shall, by following the procedures and
1651 requirements of Title 63J, Chapter 5, Federal Funds Procedures, apply for federal funds as
1652 available.
1653 Section 37. Section 31A-29-110 is amended to read:
1654 31A-29-110. Pool administrator -- Selection -- Powers.
1655 (1) The board shall select a pool administrator in accordance with Title 63G, Chapter
1656 [
1657 the board, which shall include:
1658 (a) ability to manage medical expenses;
1659 (b) proven ability to handle accident and health insurance;
1660 (c) efficiency of claim paying procedures;
1661 (d) marketing and underwriting;
1662 (e) proven ability for managed care and quality assurance;
1663 (f) provider contracting and discounts;
1664 (g) pharmacy benefit management;
1665 (h) an estimate of total charges for administering the pool; and
1666 (i) ability to administer the pool in a cost-efficient manner.
1667 (2) A pool administrator may be:
1668 (a) a health insurer;
1669 (b) a health maintenance organization;
1670 (c) a third-party administrator; or
1671 (d) any person or entity which has demonstrated ability to meet the criteria in
1672 Subsection (1).
1673 (3) (a) The pool administrator shall serve for a period of three years, with two one-year
1674 extension options, subject to the terms, conditions, and limitations of the contract between the
1675 board and the administrator.
1676 (b) At least one year prior to the expiration of the contract between the board and the
1677 pool administrator, the board shall invite all interested parties, including the current pool
1678 administrator, to submit bids to serve as the pool administrator.
1679 (c) Selection of the pool administrator for a succeeding period shall be made at least
1680 six months prior to the expiration of the period of service under Subsection (3)(a).
1681 (4) The pool administrator is responsible for all operational functions of the pool and
1682 shall:
1683 (a) have access to all nonpatient specific experience data, statistics, treatment criteria,
1684 and guidelines compiled or adopted by the Medicaid program, the Public Employees Health
1685 Plan, the Department of Health, or the Insurance Department, and which are not otherwise
1686 declared by statute to be confidential;
1687 (b) perform all marketing, eligibility, enrollment, member agreements, and
1688 administrative claim payment functions relating to the pool;
1689 (c) establish, administer, and operate a monthly premium billing procedure for
1690 collection of premiums from enrollees;
1691 (d) perform all necessary functions to assure timely payment of benefits to enrollees,
1692 including:
1693 (i) making information available relating to the proper manner of submitting a claim
1694 for benefits to the pool administrator and distributing forms upon which submission shall be
1695 made; and
1696 (ii) evaluating the eligibility of each claim for payment by the pool;
1697 (e) submit regular reports to the board regarding the operation of the pool, the
1698 frequency, content, and form of which reports shall be determined by the board;
1699 (f) following the close of each calendar year, determine net written and earned
1700 premiums, the expense of administration, and the paid and incurred losses for the year and
1701 submit a report of this information to the board, the commissioner, and the Division of Finance
1702 on a form prescribed by the commissioner; and
1703 (g) be paid as provided in the plan of operation for expenses incurred in the
1704 performance of the pool administrator's services.
1705 Section 38. Section 31A-29-111 is amended to read:
1706 31A-29-111. Eligibility -- Limitations.
1707 (1) (a) Except as provided in Subsection (1)(b), an individual who is not HIPAA
1708 eligible is eligible for pool coverage if the individual:
1709 (i) pays the established premium;
1710 (ii) is a resident of this state; and
1711 (iii) meets the health underwriting criteria under Subsection (5)(a).
1712 (b) Notwithstanding Subsection (1)(a), an individual who is not HIPAA eligible is not
1713 eligible for pool coverage if one or more of the following conditions apply:
1714 (i) the individual is eligible for health care benefits under Medicaid or Medicare,
1715 except as provided in Section 31A-29-112 ;
1716 (ii) the individual has terminated coverage in the pool, unless:
1717 (A) 12 months have elapsed since the termination date; or
1718 (B) the individual demonstrates that creditable coverage has been involuntarily
1719 terminated for any reason other than nonpayment of premium;
1720 (iii) the pool has paid the maximum lifetime benefit to or on behalf of the individual;
1721 (iv) the individual is an inmate of a public institution;
1722 (v) the individual is eligible for a public health plan, as defined in federal regulations
1723 adopted pursuant to 42 U.S.C. 300gg;
1724 (vi) the individual's health condition does not meet the criteria established under
1725 Subsection (5);
1726 (vii) the individual is eligible for coverage under an employer group that offers a health
1727 benefit plan or a self-insurance arrangement to its eligible employees, dependents, or members
1728 as:
1729 (A) an eligible employee;
1730 (B) a dependent of an eligible employee; or
1731 (C) a member;
1732 (viii) the individual is covered under any other health benefit plan;
1733 (ix) at the time of application, the individual has not resided in Utah for at least 12
1734 consecutive months preceding the date of application; or
1735 (x) the individual's employer pays any part of the individual's health benefit plan
1736 premium, either as an insured or a dependent, for pool coverage.
1737 (2) (a) Except as provided in Subsection (2)(b), an individual who is HIPAA eligible is
1738 eligible for pool coverage if the individual:
1739 (i) pays the established premium; and
1740 (ii) is a resident of this state.
1741 (b) Notwithstanding Subsection (2)(a), a HIPAA eligible individual is not eligible for
1742 pool coverage if one or more of the following conditions apply:
1743 (i) the individual is eligible for health care benefits under Medicaid or Medicare,
1744 except as provided in Section 31A-29-112 ;
1745 (ii) the individual is eligible for a public health plan, as defined in federal regulations
1746 adopted pursuant to 42 U.S.C. 300gg;
1747 (iii) the individual is covered under any other health benefit plan;
1748 (iv) the individual is eligible for coverage under an employer group that offers a health
1749 benefit plan or self-insurance arrangements to its eligible employees, dependents, or members
1750 as:
1751 (A) an eligible employee;
1752 (B) a dependent of an eligible employee; or
1753 (C) a member;
1754 (v) the pool has paid the maximum lifetime benefit to or on behalf of the individual;
1755 (vi) the individual is an inmate of a public institution; or
1756 (vii) the individual's employer pays any part of the individual's health benefit plan
1757 premium, either as an insured or a dependent, for pool coverage.
1758 (3) (a) Notwithstanding Subsection (1)(b)(ix), if otherwise eligible under Subsection
1759 (1)(a), an individual whose health care insurance coverage from a state high risk pool with
1760 similar coverage is terminated because of nonresidency in another state is eligible for coverage
1761 under the pool subject to the conditions of Subsections (1)(b)(i) through (viii).
1762 (b) Coverage sought under Subsection (3)(a) shall be applied for within 63 days after
1763 the termination date of the previous high risk pool coverage.
1764 (c) The effective date of this state's pool coverage shall be the date of termination of
1765 the previous high risk pool coverage.
1766 (d) The waiting period of an individual with a preexisting condition applying for
1767 coverage under this chapter shall be waived:
1768 (i) to the extent to which the waiting period was satisfied under a similar plan from
1769 another state; and
1770 (ii) if the other state's benefit limitation was not reached.
1771 (4) (a) If an eligible individual applies for pool coverage within 30 days of being
1772 denied coverage by an individual carrier, the effective date for pool coverage shall be no later
1773 than the first day of the month following the date of submission of the completed insurance
1774 application to the carrier.
1775 (b) Notwithstanding Subsection (4)(a), for individuals eligible for coverage under
1776 Subsection (3), the effective date shall be the date of termination of the previous high risk pool
1777 coverage.
1778 (5) (a) The board shall establish and adjust, as necessary, health underwriting criteria
1779 based on:
1780 (i) health condition; and
1781 (ii) expected claims so that the expected claims are anticipated to remain within
1782 available funding.
1783 (b) The board, with approval of the commissioner, may contract with one or more
1784 providers under Title 63G, Chapter [
1785 criteria under Subsection (5)(a).
1786 (c) If an individual is denied coverage by the pool under the criteria established in
1787 Subsection (5)(a), the pool shall issue a certificate of insurability to the individual for coverage
1788 under Subsection 31A-30-108 (3).
1789 Section 39. Section 31A-33-104 is amended to read:
1790 31A-33-104. Workers' Compensation Fund exempted.
1791 (1) The Workers' Compensation Fund is exempt from the provisions of:
1792 (a) Title 52, Chapter 4, Open and Public Meetings Act;
1793 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
1794 (c) Title 63A, Utah Administrative Services Code.
1795 (2) The board may specifically exempt the Workers' Compensation Fund from any
1796 provisions of:
1797 (a) Title 67, Chapter 19, Utah State Personnel Management Act; and
1798 (b) Title 63G, Chapter [
1799 (3) The provisions of Title 63G, Chapter 4, Administrative Procedures Act, do not
1800 govern the initial determination of any person's eligibility for benefits under Title 34A, Chapter
1801 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act.
1802 Section 40. Section 31A-33-107 is amended to read:
1803 31A-33-107. Duties of board -- Creation of subsidiaries -- Entering into joint
1804 enterprises.
1805 (1) The board shall:
1806 (a) appoint a chief executive officer to administer the Workers' Compensation Fund;
1807 (b) receive and act upon financial, management, and actuarial reports covering the
1808 operations of the Workers' Compensation Fund;
1809 (c) ensure that the Workers' Compensation Fund is administered according to law;
1810 (d) examine and approve an annual operating budget for the Workers' Compensation
1811 Fund;
1812 (e) serve as investment trustees and fiduciaries of the Injury Fund;
1813 (f) receive and act upon recommendations of the chief executive officer;
1814 (g) develop broad policy for the long-term operation of the Workers' Compensation
1815 Fund, consistent with its mission and fiduciary responsibility;
1816 (h) subject to Chapter 19a, Part 4, Workers' Compensation Rates, approve any rating
1817 plans that would modify a policyholder's premium;
1818 (i) subject to Chapter 19a, Part 4, Workers' Compensation Rates, approve the amount
1819 of deviation, if any, from standard insurance rates;
1820 (j) approve the amount of the dividends, if any, to be returned to policyholders;
1821 (k) adopt a procurement policy consistent with the provisions of Title 63G, Chapter [
1822 6a, Utah Procurement Code;
1823 (l) develop and publish an annual report to policyholders, the governor, the Legislature,
1824 and interested parties that describes the financial condition of the Injury Fund, including a
1825 statement of expenses and income and what measures were taken or will be necessary to keep
1826 the Injury Fund actuarially sound;
1827 (m) establish a fiscal year;
1828 (n) determine and establish an actuarially sound price for insurance offered by the
1829 fund;
1830 (o) establish conflict of interest requirements that govern the board, officers, and
1831 employees;
1832 (p) establish compensation and reasonable expenses to be paid to directors on the board
1833 subject to the requirements of Section 31A-33-106 , so that the board may not approve
1834 compensation that exceeds the amount described in Subsection 31A-33-106 (18)(a)(i)(B); and
1835 (q) perform all other acts necessary for the policymaking and oversight of the Workers'
1836 Compensation Fund.
1837 (2) Subject to board review and its responsibilities under Subsection (1)(e), the board
1838 may delegate authority to make daily investment decisions.
1839 (3) The fund may form or acquire a subsidiary or enter into a joint enterprise:
1840 (a) only if that action is approved by the board; and
1841 (b) subject to the limitations in Section 31A-33-103.5 .
1842 Section 41. Section 34A-2-203 is amended to read:
1843 34A-2-203. Payment of premiums for workers' compensation.
1844 (1) Until June 30, 2007, a department, commission, board, or other agency of the state
1845 shall pay the insurance premium on its employees direct to the Workers' Compensation Fund.
1846 (2) Beginning July 1, 2007, the state shall secure the payment of workers'
1847 compensation benefits for its employees:
1848 (a) by:
1849 (i) insuring, and keeping insured, the payment of this compensation with the Workers'
1850 Compensation Fund;
1851 (ii) insuring, and keeping insured, the payment of this compensation with any stock
1852 corporation or mutual association authorized to transact the business of workers' compensation
1853 insurance in this state; or
1854 (iii) paying direct compensation as a self-insured employer in the amount, in the
1855 manner, and when due as provided for in this chapter or Chapter 3, Utah Occupational Disease
1856 Act;
1857 (b) in accordance with Title 63A, Chapter 4, Risk Management; and
1858 (c) subject to Subsection (3).
1859 (3) (a) If the state determines to secure the payment of workers' compensation benefits
1860 for its employees by paying direct compensation as a self-insured employer in the amount, in
1861 the manner, and due as provided for in this chapter or Chapter 3, Utah Occupational Disease
1862 Act, the state is:
1863 (i) exempt from Section 34A-2-202.5 and Subsection 34A-2-704 (14); and
1864 (ii) required to pay a premium assessment as provided in Section 34A-2-202 .
1865 (b) If the state chooses to pay workers' compensation benefits for its employees
1866 through insuring under Subsection (2)(a)(i) or (ii), the state shall obtain that insurance in
1867 accordance with Title 63G, Chapter [
1868 Section 42. Section 35A-5-202 is amended to read:
1869 35A-5-202. Contracts with providers.
1870 (1) In compliance with Title 63G, Chapter [
1871 department shall enter into a contract with one or more qualified providers to implement the
1872 workforce improvement plan created under Section 35A-5-201 .
1873 (2) A contract entered into under this section shall be:
1874 (a) performance based; and
1875 (b) structured so that the provider receives reimbursement based on:
1876 (i) job development;
1877 (ii) participant placement in jobs;
1878 (iii) wages and benefits provided; and
1879 (iv) participant retention in jobs over at least a 12-month period.
1880 (3) If the department determines through the procurement process that there are no
1881 qualified providers to implement the workforce improvement plan, the department may
1882 implement the plan.
1883 Section 43. Section 38-1-30 is amended to read:
1884 38-1-30. Third party contract -- Designated agent.
1885 (1) The division shall contract in accordance with Title 63G, Chapter [
1886 Procurement Code, with a third party to establish and maintain the database for the purposes
1887 established under this section, Section 38-1-27 , and Sections 38-1-31 through 38-1-36 .
1888 (2) (a) The third party under contract under this section is the division's designated
1889 agent, and shall develop and maintain a database from the information provided by:
1890 (i) local government entities issuing building permits;
1891 (ii) original contractors;
1892 (iii) subcontractors; and
1893 (iv) other interested persons.
1894 (b) The database shall accommodate filings by third parties on behalf of clients.
1895 (c) The division and the designated agent shall design, develop, and test the database
1896 for full implementation on May 1, 2005.
1897 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1898 division shall make rules and develop procedures for:
1899 (a) the division to oversee and enforce this section, Section 38-1-27 , and Sections
1900 38-1-31 through 38-1-36 ;
1901 (b) the designated agent to administer this section, Section 38-1-27 , and Sections
1902 38-1-31 through 38-1-36 ; and
1903 (c) the form of submission of an alternate filing, which may include procedures for
1904 rejecting an illegible or incomplete filing.
1905 (4) (a) The designated agent shall archive computer data files at least semiannually for
1906 auditing purposes.
1907 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1908 division shall make rules to allow the designated agent to periodically archive projects from the
1909 database.
1910 (c) A project shall be archived no earlier than:
1911 (i) one year after the day on which a notice of completion is filed for a project;
1912 (ii) if no notice of completion is filed, two years after the last filing activity for a
1913 project; or
1914 (iii) one year after the day on which a filing is cancelled under Subsection
1915 38-1-32 (6)(c) or 38-1-33 (2)(c).
1916 (d) The division may audit the designated agent's administration of the database as
1917 often as the division considers necessary.
1918 (5) The designated agent shall carry errors and omissions insurance in the amounts
1919 established by rule made by the division in accordance with Title 63G, Chapter 3, Utah
1920 Administrative Rulemaking Act.
1921 (6) (a) The designated agent shall make reasonable efforts to assure the accurate entry
1922 into the database of information provided in alternate filings.
1923 (b) The designated agent shall meet or exceed standards established by the division for
1924 the accuracy of data entry for alternate filings.
1925 (7) The designated agent is not liable for the correctness of the information contained
1926 in an alternate filing it enters into the database.
1927 Section 44. Section 38-1-39 is amended to read:
1928 38-1-39. Waiver or impairment of a lien right -- Forms -- Scope.
1929 (1) As used in this section:
1930 (a) "Check" means a payment instrument on a depository institution including:
1931 (i) a check;
1932 (ii) a draft;
1933 (iii) an order; or
1934 (iv) other instrument.
1935 (b) "Depository institution" is as defined in Section 7-1-103 .
1936 (c) "Lien claimant" means a person that claims a lien under this chapter.
1937 (d) "Receives payment" means, in the case of a restrictive endorsement, a payee has
1938 endorsed a check and the check is presented to and paid by the depository institution on which
1939 it is drawn.
1940 (2) Notwithstanding Section 38-1-29 , a written consent given by a lien claimant that
1941 waives or limits the lien claimant's lien rights is enforceable only if the lien claimant:
1942 (a) (i) executes a waiver and release that is signed by the lien claimant or the lien
1943 claimant's authorized agent; or
1944 (ii) for a restrictive endorsement on a check, includes a restrictive endorsement on a
1945 check that is:
1946 (A) signed by the lien claimant or the lien claimant's authorized agent; and
1947 (B) in substantially the same form set forth in Subsection (4)(d); and
1948 (b) receives payment of the amount identified in the waiver and release or check that
1949 includes the restrictive endorsement:
1950 (i) including payment by a joint payee check; and
1951 (ii) for a progress payment, only to the extent of the payment.
1952 (3) (a) Notwithstanding the language of a waiver and release described in Subsection
1953 (2), Subsection (3)(b) applies if:
1954 (i) the payment given in exchange for any waiver and release of lien is made by check;
1955 and
1956 (ii) the check fails to clear the depository institution on which it is drawn for any
1957 reason.
1958 (b) If the conditions of Subsection (3)(a) are met:
1959 (i) the waiver and release described in Subsection (3)(a) is null, void, and of no legal
1960 effect; and
1961 (ii) the following will not be affected by the lien claimant's execution of the waiver and
1962 release:
1963 (A) any lien;
1964 (B) any lien right;
1965 (C) any bond right;
1966 (D) any contract right; or
1967 (E) any other right to recover payment afforded to the lien claimant in law or equity.
1968 (4) (a) A waiver and release given by a lien claimant meets the requirements of this
1969 section if it is in substantially the form provided in this Subsection (4) for the circumstance
1970 provided in this Subsection (4).
1971 (b) A waiver and release may be in substantially the following form if the lien claimant
1972 is required to execute a waiver and release in exchange for or to induce the payment of a
1973 progress billing:
1974
1975 Property Name: _____________________________________________________________
1976 Property Location: ___________________________________________________________
1977 Undersigned's Customer: _____________________________________________________
1978 Invoice/Payment Application Number: __________________________________________
1979 Payment Amount: ___________________________________________________________
1980 Payment Period: ____________________________________________________________
1981 To the extent provided below, this document becomes effective to release and the
1982 undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38,
1983 Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors'
1984 Bonds, or Section [
1985 the above described Property once:
1986 (1) the undersigned endorses a check in the above referenced Payment Amount payable
1987 to the undersigned; and
1988 (2) the check is paid by the depository institution on which it is drawn.
1989 This waiver and release applies to a progress payment for the work, materials,
1990 equipment, or a combination of work, materials, and equipment furnished by the undersigned
1991 to the Property or to the Undersigned's Customer which are the subject of the Invoice or
1992 Payment Application, but only to the extent of the Payment Amount. This waiver and release
1993 does not apply to any retention withheld; any items, modifications, or changes pending
1994 approval; disputed items and claims; or items furnished or invoiced after the Payment Period.
1995 The undersigned warrants that the undersigned either has already paid or will use the
1996 money the undersigned receives from this progress payment promptly to pay in full all the
1997 undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials,
1998 equipment, or combination of work, materials, and equipment that are the subject of this
1999 waiver and release.
2000 Dated: ________________________
2001 ___________________________________________________________(Company Name)
2002 _____________________________________________________By:__________________
2003 _____________________________________________________Its:__________________"
2004 (c) A waiver and release may be in substantially the following form if the lien claimant
2005 is required to execute a waiver and release in exchange for or to induce the payment of a final
2006 billing:
2007
2008 Property Name: ____________________________________________________________
2009 Property Location: __________________________________________________________
2010 Undersigned's Customer: _____________________________________________________
2011 Invoice/Payment Application Number: __________________________________________
2012 Payment Amount: ___________________________________________________________
2013 To the extent provided below, this document becomes effective to release and the
2014 undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38,
2015 Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors'
2016 Bonds, or Section [
2017 the above described Property once:
2018 (1) the undersigned endorses a check in the above referenced Payment Amount payable
2019 to the undersigned; and
2020 (2) the check is paid by the depository institution on which it is drawn.
2021 This waiver and release applies to the final payment for the work, materials, equipment,
2022 or combination of work, materials, and equipment furnished by the undersigned to the Property
2023 or to the Undersigned's Customer.
2024 The undersigned warrants that the undersigned either has already paid or will use the
2025 money the undersigned receives from the final payment promptly to pay in full all the
2026 undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials,
2027 equipment, or combination of work, materials, and equipment that are the subject of this
2028 waiver and release.
2029 Dated: ________________________
2030 ___________________________________________________________(Company Name)
2031 _____________________________________________________By:__________________
2032 _____________________________________________________Its:__________________"
2033 (d) A restrictive endorsement placed on a check to effectuate a waiver and release
2034 described in this Subsection (4) meets the requirements of this section if it is in substantially
2035 the following form:
2036 "This check is a progress/ final payment for property described on this check sufficient
2037 for identification. Endorsement of this check is an acknowledgment by the endorser that the
2038 waiver and release to which the payment applies is effective to the extent provided in Utah
2039 Code Ann. Subsection 38-1-39 (4)(b) or (c) respectively."
2040 (e) (i) If using a restrictive endorsement under Subsection (4)(d), the person preparing
2041 the check shall indicate whether the check is for a progress payment or a final payment by
2042 circling the word "progress" if the check is for a progress payment, or the word "final" if the
2043 check is for a final payment.
2044 (ii) If a restrictive endorsement does not indicate whether the check is for a progress
2045 payment or a final payment, it is considered to be for a progress payment.
2046 (5) (a) If the conditions of Subsection (5)(b) are met, this section does not affect the
2047 enforcement of:
2048 (i) an accord and satisfaction regarding a bona fide dispute; or
2049 (ii) an agreement made in settlement of an action pending in any court or arbitration.
2050 (b) Pursuant to Subsection (5)(a), this section does not affect enforcement of an accord
2051 and satisfaction or settlement described in Subsection (5)(a) if the accord and satisfaction or
2052 settlement:
2053 (i) is in a writing signed by the lien claimant; and
2054 (ii) specifically references the lien rights waived or impaired.
2055 Section 45. Section 41-12a-803 is amended to read:
2056 41-12a-803. Program creation -- Administration -- Selection of designated agent
2057 -- Duties -- Rulemaking -- Audits.
2058 (1) There is created the Uninsured Motorist Identification Database Program to:
2059 (a) establish an Uninsured Motorist Identification Database to verify compliance with
2060 motor vehicle owner's or operator's security requirements under Section 41-12a-301 and other
2061 provisions under this part;
2062 (b) assist in reducing the number of uninsured motor vehicles on the highways of the
2063 state;
2064 (c) assist in increasing compliance with motor vehicle registration and sales and use tax
2065 laws;
2066 (d) assist in protecting a financial institution's bona fide security interest in a motor
2067 vehicle; and
2068 (e) assist in the identification and prevention of identity theft and other crimes.
2069 (2) The program shall be administered by the department with the assistance of the
2070 designated agent and the Motor Vehicle Division.
2071 (3) (a) The department shall contract in accordance with Title 63G, Chapter [
2072 Utah Procurement Code, with a third party to establish and maintain an Uninsured Motorist
2073 Identification Database for the purposes established under this part.
2074 (b) The contract may not obligate the department to pay the third party more money
2075 than is available in the account.
2076 (4) (a) The third party under contract under this section is the department's designated
2077 agent, and shall develop and maintain a computer database from the information provided by:
2078 (i) insurers under Section 31A-22-315 ;
2079 (ii) the division under Subsection (6); and
2080 (iii) the Motor Vehicle Division under Section 41-1a-120 .
2081 (b) (i) The database shall be developed and maintained in accordance with guidelines
2082 established by the department so that state and local law enforcement agencies and financial
2083 institutions as defined in Section 7-1-103 can efficiently access the records of the database,
2084 including reports useful for the implementation of the provisions of this part.
2085 (ii) (A) The reports shall be in a form and contain information approved by the
2086 department.
2087 (B) The reports may be made available through the Internet or through other electronic
2088 medium, if the department determines that sufficient security is provided to ensure compliance
2089 with Section 41-12a-805 regarding limitations on disclosure of information in the database.
2090 (5) With information provided by the department and the Motor Vehicle Division, the
2091 designated agent shall, at least monthly for submissions under Subsection 31A-22-315 (2)(b) or
2092 at least twice a month for submissions under Subsection 31A-22-315 (2)(a):
2093 (a) update the database with the motor vehicle insurance information provided by the
2094 insurers in accordance with Section 31A-22-315 ; and
2095 (b) compare all current motor vehicle registrations against the database.
2096 (6) The division shall provide the designated agent with the name, date of birth,
2097 address, and driver license number of all persons on the driver license database.
2098 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2099 department shall make rules and develop procedures in cooperation with the Motor Vehicle
2100 Division to use the database for the purpose of administering and enforcing this part.
2101 (8) (a) The designated agent shall archive computer data files at least semi-annually for
2102 auditing purposes.
2103 (b) The internal audit unit of the tax commission provided under Section 59-1-206
2104 shall audit the program at least every three years.
2105 (c) The audit under Subsection (8)(b) shall include verification of:
2106 (i) billings made by the designated agent; and
2107 (ii) the accuracy of the designated agent's matching of vehicle registration with
2108 insurance data.
2109 Section 46. Section 53-2-404 is amended to read:
2110 53-2-404. State costs for emergency disaster services.
2111 (1) Subject to this section and Section 53-2-403 , the division shall expend or commit to
2112 expend money described in Subsection 53-2-403 (1)(d)(i) to fund costs to the state of
2113 emergency disaster services.
2114 (2) Money paid by the division under this section to government entities and private
2115 persons providing emergency disaster services are subject to Title 63G, Chapter [
2116 Procurement Code.
2117 Section 47. Section 53A-1-706 is amended to read:
2118 53A-1-706. Purchases of educational technology.
2119 (1) (a) A school district or college of education shall comply with Title 63G, Chapter
2120 [
2121 Subsection (1)(b).
2122 (b) A school district may purchase computers from, and contract for the repair or
2123 refurbishing of computers with, the Utah Correctional Industries without going through the
2124 bidding or competition procedures outlined in Title 63G, Chapter [
2125
2126 (2) A school district or college of education may purchase technology through
2127 cooperative purchasing contracts administered by the state Division of Purchasing or through
2128 its own established purchasing program.
2129 Section 48. Section 53A-1a-511 is amended to read:
2130 53A-1a-511. Waivers from state board rules -- Application of statutes and rules
2131 to charter schools.
2132 (1) A charter school shall operate in accordance with its charter and is subject to Title
2133 53A, State System of Public Education, and other state laws applicable to public schools,
2134 except as otherwise provided in this part.
2135 (2) (a) A charter school or any other public school or school district may apply to the
2136 State Board of Education for a waiver of any state board rule that inhibits or hinders the school
2137 or the school district from accomplishing its mission or educational goals set out in its strategic
2138 plan or charter.
2139 (b) The state board may grant the waiver, unless:
2140 (i) the waiver would cause the school district or the school to be in violation of state or
2141 federal law; or
2142 (ii) the waiver would threaten the health, safety, or welfare of students in the district or
2143 at the school.
2144 (c) If the State Board of Education denies the waiver, the reason for the denial shall be
2145 provided in writing to the waiver applicant.
2146 (3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
2147 governing the following do not apply to a charter school:
2148 (i) school libraries;
2149 (ii) required school administrative and supervisory services; and
2150 (iii) required expenditures for instructional supplies.
2151 (b) A charter school shall comply with rules implementing statutes that prescribe how
2152 state appropriations may be spent.
2153 (4) The following provisions of Title 53A, State System of Public Education, and rules
2154 adopted under those provisions, do not apply to a charter school:
2155 (a) Sections 53A-1a-108 and 53A-1a-108.5 , requiring the establishment of a school
2156 community council and school improvement plan;
2157 (b) Sections 53A-3-413 and 53A-3-414 , pertaining to the use of school buildings as
2158 civic centers;
2159 (c) Section 53A-3-420 , requiring the use of activity disclosure statements;
2160 (d) Section 53A-12-207 , requiring notification of intent to dispose of textbooks;
2161 (e) Section 53A-13-107 , requiring annual presentations on adoption;
2162 (f) Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of school
2163 districts and local school boards; and
2164 (g) Section 53A-14-107 , requiring an independent evaluation of instructional materials.
2165 (5) For the purposes of Title 63G, Chapter [
2166 school shall be considered a local public procurement unit.
2167 (6) Each charter school shall be subject to:
2168 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2169 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
2170 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
2171 existing state law and administrative rules for the purpose of determining from which laws and
2172 rules charter schools should be exempt.
2173 (b) (i) The State Charter School Board shall present recommendations for exemption to
2174 the State Board of Education for consideration.
2175 (ii) The State Board of Education shall consider the recommendations of the State
2176 Charter School Board and respond within 60 days.
2177 Section 49. Section 53A-20-101 is amended to read:
2178 53A-20-101. Construction and alteration of schools and plants -- Advertising for
2179 bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
2180 school boards -- Interest of local school board members.
2181 (1) As used in this section, the word "sealed" does not preclude acceptance of
2182 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
2183 sealed and submitted.
2184 (2) (a) Prior to the construction of any school or the alteration of any existing school
2185 plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
2186 board shall advertise for bids on the project at least 10 days before the bid due date.
2187 (b) The board shall have the advertisement published in a newspaper having general
2188 circulation throughout the state and in appropriate construction trade publications that offer
2189 free listings.
2190 (c) A similar advertisement is required in a newspaper published or having general
2191 circulation in any city or county that would be affected by the proposed project.
2192 (d) The advertisement shall:
2193 (i) require sealed proposals for the building project in accordance with plans and
2194 specifications furnished by the local school board;
2195 (ii) state where and when the proposals will be opened and shall reserve the right of the
2196 board to reject any and all proposals; and
2197 (iii) require a certified check or bid bond of not less than 5% of the bid to accompany
2198 the bid.
2199 (3) (a) The board shall meet at the time and place specified in the advertisement and
2200 publicly open and read all received proposals.
2201 (b) If satisfactory bids are received, the board shall award the contract to the lowest
2202 responsible bidder.
2203 (c) If none of the proposals are satisfactory, all shall be rejected.
2204 (d) The board shall again advertise in the manner provided in this section.
2205 (e) If, after advertising a second time no satisfactory bid is received, the board may
2206 proceed under its own direction with the required project.
2207 (4) (a) The check or bond required under Subsection (2)(d) shall be drawn in favor of
2208 the local school board.
2209 (b) If the successful bidder fails or refuses to enter into the contract and furnish the
2210 additional bonds required under this section, then the bidder's check or bond is forfeited to the
2211 district.
2212 (5) A local school board shall require payment and performance bonds of the
2213 successful bidder as required in Section [
2214 (6) (a) A local school board may require in the proposed contract that at least 10% of
2215 the contract price be withheld until the project is completed and accepted by the board.
2216 (b) If money is withheld, the board shall place it in an interest bearing account, and the
2217 interest accrues for the benefit of the contractor and subcontractors.
2218 (c) This money shall be paid upon completion of the project and acceptance by the
2219 board.
2220 (7) (a) A local school board may not bid on projects within the district if the total
2221 accumulative estimated cost exceeds $80,000.
2222 (b) The board may use its resources if no satisfactory bids are received under this
2223 section.
2224 (8) If the local school board determines in accordance with Section [
2225 63G-6a-1302 to use a construction manager/general contractor as its method of construction
2226 contracting management on projects where the total estimated accumulative cost exceeds
2227 $80,000, it shall select the construction manager/general contractor [
2228
2229 the requirements of Title 63G, Chapter 6a, Utah Procurement Code.
2230 (9) A local school board member may not have a direct or indirect financial interest in
2231 the construction project contract.
2232 Section 50. Section 53A-25b-105 is amended to read:
2233 53A-25b-105. Applicability of statutes to the Utah Schools for the Deaf and the
2234 Blind.
2235 (1) The Utah Schools for the Deaf and the Blind is subject to Title 53A, State System
2236 of Public Education, and other state laws applicable to public schools, except as otherwise
2237 provided by this chapter.
2238 (2) The following provisions of Title 53A, State System of Public Education, do not
2239 apply to the Utah Schools for the Deaf and the Blind:
2240 (a) provisions governing the budgets, funding, or finances of school districts or charter
2241 schools; and
2242 (b) provisions governing school construction.
2243 (3) Except as provided in this chapter, the Utah Schools for the Deaf and the Blind is
2244 subject to state laws governing state agencies, including:
2245 (a) Title 51, Chapter 5, Funds Consolidation Act;
2246 (b) Title 51, Chapter 7, State Money Management Act;
2247 (c) Title 52, Chapter 4, Open and Public Meetings Act;
2248 (d) Title 63A, Utah Administrative Services Code;
2249 (e) Title 63G, Chapter 2, Government Records Access and Management Act;
2250 (f) Title 63G, Chapter 4, Administrative Procedures Act;
2251 (g) Title 63G, Chapter [
2252 (h) Title 63J, Chapter 1, Budgetary Procedures Act;
2253 (i) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
2254 (j) Title 67, Chapter 19, Utah State Personnel Management Act.
2255 Section 51. Section 53C-1-201 (Effective 07/01/12) is amended to read:
2256 53C-1-201 (Effective 07/01/12). Creation of administration -- Purpose -- Director.
2257 (1) (a) There is established within state government the School and Institutional Trust
2258 Lands Administration.
2259 (b) The administration shall manage all school and institutional trust lands and assets
2260 within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
2261 of Revenue from Trust Lands, and Sections 51-7a-201 and 51-7a-202 .
2262 (2) The administration is an independent state agency and not a division of any other
2263 department.
2264 (3) (a) It is subject to the usual legislative and executive department controls except as
2265 provided in this Subsection (3).
2266 (b) (i) The director may make rules as approved by the board that allow the
2267 administration to classify a business proposal submitted to the administration as protected
2268 under Section 63G-2-305 , for as long as is necessary to evaluate the proposal.
2269 (ii) The administration shall return the proposal to the party who submitted the
2270 proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
2271 and Management Act, if the administration determines not to proceed with the proposal.
2272 (iii) The administration shall classify the proposal pursuant to law if it decides to
2273 proceed with the proposal.
2274 (iv) Section 63G-2-403 does not apply during the review period.
2275 (c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
2276 Administrative Rulemaking Act, except that the administration is not subject to Subsections
2277 63G-3-301 (6) and (7) and Section 63G-3-601 , and the director, with the board's approval, may
2278 establish a procedure for the expedited approval of rules, based on written findings by the
2279 director showing:
2280 (i) the changes in business opportunities affecting the assets of the trust;
2281 (ii) the specific business opportunity arising out of those changes which may be lost
2282 without the rule or changes to the rule;
2283 (iii) the reasons the normal procedures under Section 63G-3-301 cannot be met without
2284 causing the loss of the specific opportunity;
2285 (iv) approval by at least five board members; and
2286 (v) that the director has filed a copy of the rule and a rule analysis, stating the specific
2287 reasons and justifications for its findings, with the Division of Administrative Rules and
2288 notified interested parties as provided in Subsection 63G-3-301 (10).
2289 (d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
2290 Management Act, except as provided in this Subsection (3)(d).
2291 (ii) The board may approve, upon recommendation of the director, that exemption for
2292 specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in order to enable
2293 the administration to efficiently fulfill its responsibilities under the law. The director shall
2294 consult with the executive director of the Department of Human Resource Management prior
2295 to making such a recommendation.
2296 (iii) The positions of director, deputy director, associate director, assistant director,
2297 legal counsel appointed under Section 53C-1-305 , administrative assistant, and public affairs
2298 officer are exempt under Subsections 67-19-12 (2) and 67-19-15 (1).
2299 (iv) Salaries for exempted positions, except for the director, shall be set by the director,
2300 after consultation with the executive director of the Department of Human Resource
2301 Management, within ranges approved by the board. The board and director shall consider
2302 salaries for similar positions in private enterprise and other public employment when setting
2303 salary ranges.
2304 (v) The board may create an annual incentive and bonus plan for the director and other
2305 administration employees designated by the board, based upon the attainment of financial
2306 performance goals and other measurable criteria defined and budgeted in advance by the board.
2307 (e) The administration shall comply with Title 63G, Chapter [
2308 Code, except where the board approves, upon recommendation of the director, exemption from
2309 the Utah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3,
2310 Utah Administrative Rulemaking Act, for procurement, which enable the administration to
2311 efficiently fulfill its responsibilities under the law.
2312 (f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
2313 the fee agency requirements of Section 63J-1-504 .
2314 (ii) The following fees of the administration are subject to the requirements of Section
2315 63J-1-504 : application, assignment, amendment, affidavit for lost documents, name change,
2316 reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral
2317 assignment, electronic payment, and processing.
2318 (4) The administration is managed by a director of school and institutional trust lands
2319 appointed by a majority vote of the board of trustees with the consent of the governor.
2320 (5) (a) The board of trustees shall provide policies for the management of the
2321 administration and for the management of trust lands and assets.
2322 (b) The board shall provide policies for the ownership and control of Native American
2323 remains that are discovered or excavated on school and institutional trust lands in consultation
2324 with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
2325 Native American Grave Protection and Repatriation Act. The director may make rules in
2326 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
2327 policies provided by the board regarding Native American remains.
2328 (6) In connection with joint ventures and other transactions involving trust lands and
2329 minerals approved under Sections 53C-1-303 and 53C-2-401 , the administration, with board
2330 approval, may become a member of a limited liability company under Title 48, Chapter 3, Utah
2331 Revised Uniform Limited Liability Company Act, and is considered a person under Section
2332 48-3-102 .
2333 Section 52. Section 54-3-29 is amended to read:
2334 54-3-29. Removal, relocation, or alteration of utility facility in public highway
2335 construction or reconstruction -- Notice -- Cooperation.
2336 (1) As used in this section:
2337 (a) "Design-build" means a design-build transportation project for which a design-build
2338 transportation project contract is issued, within the meaning of Section [
2339 63G-6a-1402 .
2340 (b) "Municipality" is as defined in Section 10-1-104 .
2341 (c) "Political subdivision" means a:
2342 (i) county; or
2343 (ii) municipality.
2344 (d) "Public agency" means an entity of state government or a political subdivision.
2345 (e) "Public highway" means a highway, street, road, or alley constructed for public use
2346 in the state.
2347 (f) "Utility company" means a privately, cooperatively, or publicly owned utility,
2348 including a utility owned by a political subdivision, that provides service using a utility facility.
2349 (g) "Utility facility" means:
2350 (i) a telecommunications, gas, electricity, cable television, water, sewer, or data
2351 facility;
2352 (ii) a video transmission line;
2353 (iii) a drainage and irrigation system; or
2354 (iv) a facility similar to those listed in Subsections (1)(g)(i) through (iii) located in, on,
2355 along, across, over, through, or under any public highway.
2356 (2) If a public agency engages in or proposes to engage in a construction or
2357 reconstruction project on a public highway that may require the removal, relocation, or
2358 alteration of a utility facility, the public agency shall:
2359 (a) contact an association, established under Title 54, Chapter 8a, Damage to
2360 Underground Utility Facilities, to identify each utility company that may have a utility facility
2361 in the area of the construction or reconstruction project;
2362 (b) identify a utility company that has an above-ground utility facility in the area of the
2363 proposed construction or reconstruction project; and
2364 (c) electronically notify each utility company identified in accordance with Subsections
2365 (2)(a) and (b).
2366 (3) The notice required by Subsection (2)(c) shall:
2367 (a) be made as early as practicable and at least 30 days:
2368 (i) before the preliminary design or project development meeting;
2369 (ii) before issuance of a request for proposal for a design-build project; or
2370 (iii) after a change in scope of a design-build project;
2371 (b) include:
2372 (i) information concerning the proposed project design;
2373 (ii) the proposed date of a required removal, relocation, or alteration of a utility facility;
2374 (iii) the federal identifying project number, if applicable; and
2375 (c) advise the utility company if the proposed project may qualify for aid for the utility
2376 company's expense in removing, relocating, or altering a utility facility.
2377 (4) A public agency shall permit a utility company notified under Subsection (2) to
2378 participate in the preliminary design or project development meeting, or similar meeting at
2379 which the project design is addressed.
2380 (5) (a) A public agency shall, not less than 30 days after providing notice under
2381 Subsection (2) to each utility company, provide the utility company an opportunity to meet
2382 with the public agency to allow the utility company to:
2383 (i) review project plans;
2384 (ii) understand the objectives and funding sources for the proposed project;
2385 (iii) provide and discuss recommendations to the public agency that may reasonably
2386 eliminate or minimize utility removal, relocation, or alteration costs, limit the disruption of
2387 utility company services, or eliminate or reduce the need for present or future utility facility
2388 removal, relocation, or alteration; and
2389 (iv) provide reasonable schedules to enable coordination of the construction project
2390 and removal, relocation, or alteration of a utility facility.
2391 (b) If a public agency provides a utility company with reasonable opportunities to meet
2392 in accordance with Subsection (5)(a), the utility company's failure to meet does not affect the
2393 public agency's ability to proceed with the project.
2394 (6) While recognizing the essential goals and objectives of the public highway agency
2395 in proceeding with and completing a project, the parties shall use their best efforts to find ways
2396 to:
2397 (a) eliminate the cost to the utility of relocation of the utility facilities; or
2398 (b) if elimination of the costs is not feasible, minimize the relocation costs to the extent
2399 reasonably possible.
2400 (7) A utility company notified under Subsection (2) shall coordinate with the public
2401 agency concerning the utility facility removal, relocation, or alteration, including the
2402 scheduling of the utility facility removal, relocation, or alteration.
2403 (8) A public agency and a utility company may address the removal, relocation, or
2404 alteration of a utility facility in relation to a construction or reconstruction project on a public
2405 highway in a franchise agreement in lieu of this section, if the public agency is otherwise
2406 permitted to enter into the franchise agreement.
2407 (9) This chapter does not affect a public agency's authority over a public right-of-way,
2408 including any rule, ordinance, order to relocate a utility as provided in Section 72-6-116 , or
2409 other valid provision governing the use of the public right-of-way.
2410 Section 53. Section 54-8b-10 is amended to read:
2411 54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
2412 with telecommunication devices -- Definitions -- Procedures for establishing program --
2413 Surcharge -- Administration and disposition of surcharge money.
2414 (1) As used in this section:
2415 (a) "Certified deaf or severely hearing or speech impaired person" means any state
2416 resident who:
2417 (i) is so certified by:
2418 (A) a licensed physician;
2419 (B) an otolaryngologist;
2420 (C) a speech language pathologist;
2421 (D) an audiologist; or
2422 (E) a qualified state agency; and
2423 (ii) qualifies for assistance under any low income public assistance program
2424 administered by a state agency.
2425 (b) "Certified interpreter" means a person who is a certified interpreter under Title
2426 53A, Chapter 26a, Interpreter Services for the Hearing Impaired Act.
2427 (c) (i) "Telecommunication device" means any mechanical adaptation device that
2428 enables a deaf or severely hearing or speech impaired person to use the telephone.
2429 (ii) "Telecommunication device" includes:
2430 (A) telecommunication devices for the deaf (TDD);
2431 (B) telephone amplifiers;
2432 (C) telephone signal devices;
2433 (D) artificial larynxes; and
2434 (E) adaptive equipment for TDD keyboard access.
2435 (2) The commission shall hold hearings to establish a program whereby a certified deaf
2436 or severely hearing or speech impaired customer of a telecommunications corporation that
2437 provides service through a local exchange or of a wireless telecommunications provider may
2438 obtain a telecommunication device capable of serving the customer at no charge to the
2439 customer beyond the rate for basic service.
2440 (3) (a) The program described in Subsection (2) shall provide a dual party relay system
2441 using third party intervention to connect a certified deaf or severely hearing or speech impaired
2442 person with a normal hearing person by way of telecommunication devices designed for that
2443 purpose.
2444 (b) The commission may, by rule, establish the type of telecommunications device to
2445 be provided to ensure functional equivalence.
2446 (4) (a) The commission shall impose a surcharge on each residential and business
2447 access line of each customer of local-exchange telephone service in this state, and each
2448 residential and business telephone number of each customer of mobile telephone service in this
2449 state, not including a telephone number used exclusively to transfer data to and from a mobile
2450 device, which shall be collected by the telecommunications corporation providing public
2451 telecommunications service to the customer, to cover the costs of:
2452 (i) the program described in Subsection (2); and
2453 (ii) payments made under Subsection (5).
2454 (b) The commission shall establish by rule the amount to be charged under this section,
2455 provided that:
2456 (i) the surcharge does not exceed 20 cents per month for each residential and business
2457 access line for local-exchange telephone service, and for each residential and business
2458 telephone number for mobile telephone service, not including a telephone number used
2459 exclusively to transfer data to and from a mobile device; and
2460 (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
2461 may be imposed, billed, and collected only to the extent permitted by the Mobile
2462 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2463 (c) The telecommunications corporation shall collect the surcharge from its customers
2464 and transfer the money collected to the commission under rules adopted by the commission.
2465 (d) The surcharge shall be separately identified on each bill to a customer.
2466 (5) (a) Money collected from the surcharge imposed under Subsection (4) shall be
2467 deposited in the state treasury as dedicated credits to be administered as determined by the
2468 commission.
2469 (b) These dedicated credits may be used only:
2470 (i) for the purchase, maintenance, repair, and distribution of telecommunication
2471 devices;
2472 (ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
2473 (iii) to reimburse telephone corporations for the expenses incurred in collecting and
2474 transferring to the commission the surcharge imposed by the commission;
2475 (iv) for the general administration of the program;
2476 (v) to train persons in the use of telecommunications devices; and
2477 (vi) by the commission to contract, in compliance with Title 63G, Chapter [
2478 Procurement Code, with:
2479 (A) an institution within the state system of higher education listed in Section
2480 53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
2481 certified interpreters; or
2482 (B) the Division of Services to the Deaf and Hard of Hearing for a program that trains
2483 persons to qualify as certified interpreters.
2484 (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
2485 Administrative Rulemaking Act, for the administration of money under Subsection (5)(b)(vi).
2486 (ii) In the initial rulemaking to determine the administration of money under
2487 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
2488 (d) Money received by the commission under Subsection (4) is nonlapsing.
2489 (6) (a) The telephone surcharge need not be collected by a telecommunications
2490 corporation if the amount collected would be less than the actual administrative costs of the
2491 collection.
2492 (b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to the
2493 commission, in lieu of the revenue from the surcharge collection, a breakdown of the
2494 anticipated costs and the expected revenue from the collection, showing that the costs exceed
2495 the revenue.
2496 (7) The commission shall solicit the advice, counsel, and physical assistance of
2497 severely hearing or speech impaired persons and the organizations serving them in the design
2498 and implementation of the program.
2499 Section 54. Section 62A-1-108.5 is amended to read:
2500 62A-1-108.5. Mental illness and intellectual disability examinations --
2501 Responsibilities of the department.
2502 (1) In accomplishing its duties to conduct mental illness and intellectual disability
2503 examinations under Title 77, Utah Code of Criminal Procedure, the department shall proceed
2504 as outlined in this section and within appropriations authorized by the Legislature. The
2505 executive director may delegate the executive director's responsibilities under this section to
2506 one or more divisions within the department.
2507 (2) When the department is ordered by the court to conduct a mental illness or
2508 intellectual disability examination, the executive director shall:
2509 (a) direct that the examination be performed at the Utah State Hospital; or
2510 (b) designate at least one examiner, selected under Subsection (3), to examine the
2511 defendant in the defendant's current custody or status.
2512 (3) The department shall establish criteria, in consultation with the Commission on
2513 Criminal and Juvenile Justice, and shall contract with persons or organizations to conduct
2514 mental illness and intellectual disability examinations under Subsection (2)(b). In making this
2515 selection, the department shall follow the provisions of Title 63G, Chapter [
2516 Procurement Code.
2517 (4) Nothing in this section prohibits the executive director, at the request of defense
2518 counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of
2519 Criminal Procedure, and for good cause shown, from proposing a person who has not been
2520 previously selected under Subsection (3) to contract with the department to conduct the
2521 examination. In selecting that person, the criteria of the department established under
2522 Subsection (3) and the provisions of Title 63G, Chapter [
2523 be met.
2524 Section 55. Section 62A-3-104 is amended to read:
2525 62A-3-104. Authority of division.
2526 (1) The division is the sole state agency, as defined by the Older Americans Act of
2527 1965, 42 U.S.C. 3001 et seq., to:
2528 (a) serve as an effective and visible advocate for the aging and adult population of this
2529 state;
2530 (b) develop and administer a state plan under the policy direction of the board; and
2531 (c) take primary responsibility for state activities relating to provisions of the Older
2532 Americans Act of 1965, as amended.
2533 (2) (a) The division has authority to designate:
2534 (i) planning and service areas for the state; and
2535 (ii) an area agency on aging within each planning and service area to design and
2536 implement a comprehensive and coordinated system of services and programs for the aged
2537 within appropriations from the Legislature.
2538 (b) Designation as an area agency on aging may be withdrawn:
2539 (i) upon request of the area agency on aging; or
2540 (ii) upon noncompliance with the provisions of the:
2541 (A) Older Americans Act of 1965, 42 U.S.C. 3001 et seq.;
2542 (B) federal regulations enacted under the Older Americans Act of 1965, 42 U.S.C.
2543 3001 et seq.;
2544 (C) provisions of this chapter; or
2545 (D) rules, policies, or procedures established by the division.
2546 (3) (a) The division has the authority to designate:
2547 (i) planning and service areas for the state; and
2548 (ii) subject to Subsection (3)(b), an area agency on high risk adults within each
2549 planning and service area to design and implement a comprehensive and coordinated system of
2550 case management and programs for high risk adults within appropriations from the Legislature.
2551 (b) For purposes of Subsection (3)(a)(ii), before October 1, 1998, the division shall
2552 designate as the area agency on high risk adults in a planning and service area:
2553 (i) the area agency on aging that operates within the same geographic area if that
2554 agency requests, before July 1, 1998, to expand that agency's current contract with the division
2555 to include the responsibility of:
2556 (A) being the area agency on high risk adults; or
2557 (B) operating the area agency on high risk adults:
2558 (I) through joint cooperation with one or more existing area agencies on aging; and
2559 (II) without reducing geographical coverage in any service area; or
2560 (ii) a public or private nonprofit agency or office if the area agency on aging that
2561 operates within the same geographic area has not made a request in accordance with Subsection
2562 (3)(b)(i).
2563 (c) (i) Area agencies on high risk adults shall be in operation before July 1, 1999.
2564 (ii) The division's efforts to establish area agencies on high risk adults shall start with
2565 counties with a population of more than 150,000 people.
2566 (d) Designation as an area agency on high risk adults may be withdrawn:
2567 (i) upon request by the area agency; or
2568 (ii) upon noncompliance with:
2569 (A) state law;
2570 (B) federal law; or
2571 (C) rules, policies, or procedures established by the division.
2572 (4) (a) The division may, by following the procedures and requirements of Title 63J,
2573 Chapter 5, Federal Funds Procedures:
2574 (i) seek federal grants, loans, or participation in federal programs; and
2575 (ii) receive and distribute state and federal funds for the division's programs and
2576 services to the aging and adult populations of the state.
2577 (b) The division may not disburse public funds to a personal care attendant as payment
2578 for personal services rendered to an aged person or high risk adult, except as provided in
2579 Section 62A-3-104.3 .
2580 (5) The division has authority to establish, either directly or by contract, programs of
2581 advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
2582 quality of life for aging and adult citizens of the state.
2583 (6) In accordance with the rules of the division and Title 63G, Chapter [
2584 Procurement Code, the division may contract with:
2585 (a) the governing body of an area agency to provide a comprehensive program of
2586 services; or
2587 (b) public and private entities for special services.
2588 (7) The division has authority to provide for collection, compilation, and dissemination
2589 of information, statistics, and reports relating to issues facing aging and adult citizens.
2590 (8) The division has authority to prepare and submit reports regarding the operation
2591 and administration of the division to the department, the Legislature, and the governor, as
2592 requested.
2593 (9) The division shall:
2594 (a) implement and enforce policies established by the board governing all aspects of
2595 the division's programs for aging and adult persons in the state;
2596 (b) in order to ensure compliance with all applicable state and federal statutes, policies,
2597 and procedures, monitor and evaluate programs provided by or under contract with:
2598 (i) the division;
2599 (ii) area agencies; and
2600 (iii) an entity that receives funds from an area agency;
2601 (c) examine expenditures of public funds;
2602 (d) withhold funds from programs based on contract noncompliance;
2603 (e) review and approve plans of area agencies in order to ensure:
2604 (i) compliance with division policies; and
2605 (ii) a statewide comprehensive program;
2606 (f) in order to further programs for aging and adult persons and prevent duplication of
2607 services, promote and establish cooperative relationships with:
2608 (i) state and federal agencies;
2609 (ii) social and health agencies;
2610 (iii) education and research organizations; and
2611 (iv) other related groups;
2612 (g) advocate for the aging and adult populations;
2613 (h) promote and conduct research on the problems and needs of aging and adult
2614 persons;
2615 (i) submit recommendations for changes in policies, programs, and funding to the:
2616 (i) governor; and
2617 (ii) Legislature; and
2618 (j) (i) accept contributions to and administer the funds contained in the "Out and
2619 About" Homebound Transportation Assistance Fund created in Section 62A-3-110 ; and
2620 (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2621 Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
2622 Transportation Assistance Fund in accordance with Section 62A-3-110 .
2623 Section 56. Section 62A-3-104.1 is amended to read:
2624 62A-3-104.1. Powers and duties of area agencies.
2625 (1) An area agency that provides services to an aged person, or a high risk adult shall
2626 within the area agency's respective jurisdiction:
2627 (a) advocate by monitoring, evaluating, and providing input on all policies, programs,
2628 hearings, and levies that affect a person described in this Subsection (1);
2629 (b) design and implement a comprehensive and coordinated system of services within a
2630 designated planning and service area;
2631 (c) conduct periodic reviews and evaluations of needs and services;
2632 (d) prepare and submit to the division plans for funding and service delivery for
2633 services within the designated planning and service area;
2634 (e) establish, either directly or by contract, programs licensed under Chapter 2,
2635 Licensure of Programs and Facilities;
2636 (f) (i) appoint an area director;
2637 (ii) prescribe the area director's duties; and
2638 (iii) provide adequate and qualified staff to carry out the area plan described in
2639 Subsection (1)(d);
2640 (g) establish rules not contrary to policies of the board and rules of the division,
2641 regulating local services and facilities;
2642 (h) operate other services and programs funded by sources other than those
2643 administered by the division;
2644 (i) establish mechanisms to provide direct citizen input, including an area agency
2645 advisory council with a majority of members who are eligible for services from the area
2646 agency;
2647 (j) establish fee schedules; and
2648 (k) comply with the requirements and procedures of:
2649 (i) Title 11, Chapter 13, Interlocal Cooperation Act; and
2650 (ii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
2651 Organizations, and Other Local Entities Act.
2652 (2) Before disbursing any public funds, an area agency shall require that all entities
2653 receiving any public funds agree in writing that:
2654 (a) the division may examine the entity's program and financial records; and
2655 (b) the auditor of the local area agency may examine and audit the entity's program and
2656 financial records, if requested by the local area agency.
2657 (3) An area agency on aging may not disburse public funds to a personal care attendant
2658 as payment for personal services rendered to an aged person or high risk adult, except as
2659 provided in Section 62A-3-104.3 .
2660 (4) (a) For the purpose of providing services pursuant to this part, a local area agency
2661 may receive:
2662 (i) property;
2663 (ii) grants;
2664 (iii) gifts;
2665 (iv) supplies;
2666 (v) materials;
2667 (vi) any benefit derived from the items described in Subsections (4)(a)(i) through (v);
2668 and
2669 (vii) contributions.
2670 (b) If a gift is conditioned upon the gift's use for a specified service or program, the gift
2671 shall be used for the specific service or program.
2672 (5) (a) Area agencies shall award all public funds in compliance with:
2673 (i) the requirements of Title 63G, Chapter [
2674 (ii) a county procurement ordinance that requires procurement procedures similar to
2675 those described in Subsection (5)(a)(i).
2676 (b) (i) If all initial bids on a project are rejected, the area agency shall publish a new
2677 invitation to bid.
2678 (ii) If no satisfactory bid is received by the area agency described in Subsection
2679 (5)(b)(i), when the bids received from the second invitation are opened the area agency may
2680 execute a contract without requiring competitive bidding.
2681 (c) (i) An area agency need not comply with the procurement provisions of this section
2682 when it disburses public funds to another governmental entity.
2683 (ii) For purposes of this Subsection (5)(c), "governmental entity" means any political
2684 subdivision or institution of higher education of the state.
2685 (d) (i) Contracts awarded by an area agency shall be for a:
2686 (A) fixed amount; and
2687 (B) limited period.
2688 (ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in
2689 available funding for the same contract purpose without competition.
2690 (6) Local area agencies shall comply with:
2691 (a) applicable state and federal:
2692 (i) statutes;
2693 (ii) policies; and
2694 (iii) audit requirements; and
2695 (b) directives resulting from an audit described in Subsection (6)(a)(iii).
2696 Section 57. Section 62A-14-109 is amended to read:
2697 62A-14-109. Contract for services.
2698 (1) In accordance with Title 63G, Chapter [
2699 may contract with one or more providers to perform guardian and conservator duties.
2700 (2) The office shall review and monitor the services provided by a contract provider to
2701 a ward for whom the office has been appointed guardian or conservator.
2702 Section 58. Section 63A-5-205 is amended to read:
2703 63A-5-205. Contracting powers of director -- Retainage -- Health insurance
2704 coverage.
2705 (1) As used in this section:
2706 (a) "Capital developments" has the same meaning as provided in Section 63A-5-104 .
2707 (b) "Capital improvements" has the same meaning as provided in Section 63A-5-104 .
2708 (c) "Employee" means an "employee," "worker," or "operative" as defined in Section
2709 34A-2-104 who:
2710 (i) works at least 30 hours per calendar week; and
2711 (ii) meets employer eligibility waiting requirements for health care insurance which
2712 may not exceed the first day of the calendar month following 90 days from the date of hire.
2713 (d) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
2714 (e) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
2715 (f) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
2716 (2) In accordance with Title 63G, Chapter [
2717 may:
2718 (a) subject to Subsection (3), enter into contracts for any work or professional services
2719 which the division or the State Building Board may do or have done; and
2720 (b) as a condition of any contract for architectural or engineering services, prohibit the
2721 architect or engineer from retaining a sales or agent engineer for the necessary design work.
2722 (3) (a) Except as provided in Subsection (3)(b), this Subsection (3) applies to all design
2723 or construction contracts entered into by the division or the State Building Board on or after
2724 July 1, 2009, and:
2725 (i) applies to a prime contractor if the prime contract is in the amount of $1,500,000 or
2726 greater; and
2727 (ii) applies to a subcontractor if the subcontract is in the amount of $750,000 or greater.
2728 (b) This Subsection (3) does not apply:
2729 (i) if the application of this Subsection (3) jeopardizes the receipt of federal funds;
2730 (ii) if the contract is a sole source contract;
2731 (iii) if the contract is an emergency procurement; or
2732 (iv) to a change order as defined in Section [
2733 to a contract, when the contract does not meet the threshold required by Subsection (3)(a).
2734 (c) A person who intentionally uses change orders or contract modifications to
2735 circumvent the requirements of Subsection (3)(a) is guilty of an infraction.
2736 (d) (i) A contractor subject to Subsection (3)(a) shall demonstrate to the director that
2737 the contractor has and will maintain an offer of qualified health insurance coverage for the
2738 contractor's employees and the employees' dependents.
2739 (ii) If a subcontractor of the contractor is subject to Subsection (3)(a), the contractor
2740 shall demonstrate to the director that the subcontractor has and will maintain an offer of
2741 qualified health insurance coverage for the subcontractor's employees and the employees'
2742 dependents.
2743 (e) (i) (A) A contractor who fails to meet the requirements of Subsection (3)(d)(i)
2744 during the duration of the contract is subject to penalties in accordance with administrative
2745 rules adopted by the division under Subsection (3)(f).
2746 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
2747 requirements of Subsection (3)(d)(ii).
2748 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (3)(d)(ii)
2749 during the duration of the contract is subject to penalties in accordance with administrative
2750 rules adopted by the division under Subsection (3)(f).
2751 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
2752 requirements of Subsection (3)(d)(i).
2753 (f) The division shall adopt administrative rules:
2754 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2755 (ii) in coordination with:
2756 (A) the Department of Environmental Quality in accordance with Section 19-1-206 ;
2757 (B) the Department of Natural Resources in accordance with Section 79-2-404 ;
2758 (C) a public transit district in accordance with Section 17B-2a-818.5 ;
2759 (D) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
2760 (E) the Department of Transportation in accordance with Section 72-6-107.5 ; and
2761 (F) the Legislature's Administrative Rules Review Committee; and
2762 (iii) which establish:
2763 (A) the requirements and procedures a contractor must follow to demonstrate to the
2764 director compliance with this Subsection (3) which shall include:
2765 (I) that a contractor will not have to demonstrate compliance with Subsection (3)(d)(i)
2766 or (ii) more than twice in any 12-month period; and
2767 (II) that the actuarially equivalent determination required for the qualified health
2768 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
2769 department or division with a written statement of actuarial equivalency from either:
2770 (Aa) the Utah Insurance Department;
2771 (Bb) an actuary selected by the contractor or the contractor's insurer; or
2772 (Cc) an underwriter who is responsible for developing the employer group's premium
2773 rates;
2774 (B) the penalties that may be imposed if a contractor or subcontractor intentionally
2775 violates the provisions of this Subsection (3), which may include:
2776 (I) a three-month suspension of the contractor or subcontractor from entering into
2777 future contracts with the state upon the first violation;
2778 (II) a six-month suspension of the contractor or subcontractor from entering into future
2779 contracts with the state upon the second violation;
2780 (III) an action for debarment of the contractor or subcontractor in accordance with
2781 Section [
2782 (IV) monetary penalties which may not exceed 50% of the amount necessary to
2783 purchase qualified health insurance coverage for an employee and the dependents of an
2784 employee of the contractor or subcontractor who was not offered qualified health insurance
2785 coverage during the duration of the contract; and
2786 (C) a website on which the department shall post the benchmark for the qualified
2787 health insurance coverage identified in Subsection (1)(e).
2788 (g) (i) In addition to the penalties imposed under Subsection (3)(f)(iii), a contractor or
2789 subcontractor who intentionally violates the provisions of this section shall be liable to the
2790 employee for health care costs that would have been covered by qualified health insurance
2791 coverage.
2792 (ii) An employer has an affirmative defense to a cause of action under Subsection
2793 (3)(g)(i) if:
2794 (A) the employer relied in good faith on a written statement of actuarial equivalency
2795 provided by:
2796 (I) an actuary; or
2797 (II) an underwriter who is responsible for developing the employer group's premium
2798 rates; or
2799 (B) the department determines that compliance with this section is not required under
2800 the provisions of Subsection (3)(b).
2801 (iii) An employee has a private right of action only against the employee's employer to
2802 enforce the provisions of this Subsection (3)(g).
2803 (h) Any penalties imposed and collected under this section shall be deposited into the
2804 Medicaid Restricted Account created by Section 26-18-402 .
2805 (i) The failure of a contractor or subcontractor to provide qualified health insurance
2806 coverage as required by this section:
2807 (i) may not be the basis for a protest or other action from a prospective bidder, offeror,
2808 or contractor under Section [
2809 Chapter [
2810 (ii) may not be used by the procurement entity or a prospective bidder, offeror, or
2811 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
2812 or construction.
2813 (4) The judgment of the director as to the responsibility and qualifications of a bidder
2814 is conclusive, except in case of fraud or bad faith.
2815 (5) The division shall make all payments to the contractor for completed work in
2816 accordance with the contract and pay the interest specified in the contract on any payments that
2817 are late.
2818 (6) If any payment on a contract with a private contractor to do work for the division or
2819 the State Building Board is retained or withheld, it shall be retained or withheld and released as
2820 provided in Section 13-8-5 .
2821 Section 59. Section 63A-5-208 is amended to read:
2822 63A-5-208. Definitions -- Certain public construction bids to list subcontractors --
2823 Changing subcontractors -- Bidders as subcontractors -- Dispute resolution process --
2824 Penalties.
2825 (1) As used in this section:
2826 (a) "First-tier subcontractor" means a subcontractor who contracts directly with the
2827 prime contractor.
2828 (b) "Subcontractor" means any person or entity under contract with a contractor or
2829 another subcontractor to provide services or labor for the construction, installation, or repair of
2830 an improvement to real property.
2831 (c) "Subcontractor" includes a trade contractor or specialty contractor.
2832 (d) "Subcontractor" does not include suppliers who provide only materials, equipment,
2833 or supplies to a contractor or subcontractor.
2834 (2) The director shall apply the provisions of this section to achieve fair and
2835 competitive bidding and to discourage bid-shopping by contractors.
2836 (3) (a) (i) (A) On each public construction project, the director shall require the
2837 apparent lowest three bidders to submit a list of their first-tier subcontractors indicating each
2838 subcontractor's name, bid amount, and other information required by rule.
2839 (B) Other bidders who are not one of the apparent lowest three bidders may also
2840 submit a list of their first-tier subcontractors containing the information required by this
2841 Subsection (3).
2842 (C) The director may not consider any bid submitted by a bidder if the bidder fails to
2843 submit a subcontractor list meeting the requirements of this section.
2844 (ii) On projects where the contractor's total bid is less than $500,000, subcontractors
2845 whose bid is less than $20,000 need not be listed.
2846 (iii) On projects where the contractor's total bid is $500,000 or more, subcontractors
2847 whose bid is less than $35,000 need not be listed.
2848 (b) (i) The bidders shall submit this list within 24 hours after the bid opening time, not
2849 including Saturdays, Sundays, and state holidays.
2850 (ii) This list does not limit the director's right to authorize a change in the listing of any
2851 subcontractor.
2852 (c) The bidders shall verify that all subcontractors listed as part of their bids are
2853 licensed as required by state law.
2854 (d) Twenty-four hours after the bid opening, the contractor may change the contractor's
2855 subcontractors only after:
2856 (i) receiving permission from the director; and
2857 (ii) establishing that:
2858 (A) the change is in the best interest of the state; and
2859 (B) the contractor establishes reasons for the change that meet the standards established
2860 by the State Building Board.
2861 (e) If the director approves any changes in subcontractors that result in a net lower
2862 contract price for subcontracted work, the total of the prime contract may be reduced to reflect
2863 the changes.
2864 (4) (a) A bidder may list himself as a subcontractor when the bidder is currently
2865 licensed to perform the portion of the work for which the bidder lists himself as a subcontractor
2866 and:
2867 (i) the bidder intends to perform the work of a subcontractor himself; or
2868 (ii) the bidder intends to obtain a subcontractor to perform the work at a later date
2869 because the bidder was unable to:
2870 (A) obtain a bid from a qualified subcontractor; or
2871 (B) obtain a bid from a qualified subcontractor at a cost that the bidder considers to be
2872 reasonable.
2873 (b) (i) When the bidder intends to perform the work of a subcontractor himself, the
2874 director may, by written request, require that the bidder provide the director with information
2875 indicating the bidder's:
2876 (A) previous experience in the type of work to be performed; and
2877 (B) qualifications for performing the work.
2878 (ii) The bidder must respond in writing within five business days of receiving the
2879 director's written request.
2880 (iii) If the bidder's submitted information causes the director to reasonably believe that
2881 self-performance of the portion of the work by the bidder is likely to yield a substandard
2882 finished product, the director shall:
2883 (A) require the bidder to use a subcontractor for the portion of the work in question and
2884 obtain the subcontractor bid under the supervision of the director; or
2885 (B) reject the bidder's bid.
2886 (c) (i) When the bidder intends to obtain a subcontractor to perform the work at a later
2887 date, the bidder shall provide documentation with the subcontractor list describing:
2888 (A) the bidder's efforts to obtain a bid of a qualified subcontractor at a reasonable cost;
2889 and
2890 (B) why the bidder was unable to obtain a qualified subcontractor bid.
2891 (ii) If the bidder who intends to obtain a subcontractor to perform the work at a later
2892 date is awarded a contract, the director shall supervise the bidder's efforts to obtain a qualified
2893 subcontractor bid.
2894 (iii) The director may not adjust the amount of the contract awarded in order to reflect
2895 the actual amount of the subcontractor's bid.
2896 (5) The division may not disclose any subcontractor bid amounts obtained under this
2897 section until the division has awarded the project to a contractor.
2898 (6) (a) The director shall, in consultation with the State Building Board, prepare draft
2899 rules establishing a process for resolving disputes involved with contracts under the division's
2900 procurement authority.
2901 (b) The draft rules shall be presented to the Government Operations Interim Committee
2902 for review, comment, and recommendations before August 31, 2004.
2903 (c) The director shall consider, and the rules may include:
2904 (i) requirements regarding preliminary resolution efforts between the parties directly
2905 involved with the dispute;
2906 (ii) requirements for the filing of claims, including notification, timeframes, and
2907 documentation;
2908 (iii) identification of the types of costs eligible for allocation and a method for
2909 allocating costs among the parties to the dispute;
2910 (iv) required time periods, not to exceed 60 days, for the resolution of the claim;
2911 (v) provision for an independent hearing officer, panel, or arbitrator to extend the time
2912 period for resolution of the claim by not to exceed 60 additional days for good cause;
2913 (vi) provision for the extension of required time periods if the claimant agrees;
2914 (vii) requirements that decisions be issued in writing;
2915 (viii) provisions for administrative appeals of the decision;
2916 (ix) provisions for the timely payment of claims after resolution of the dispute,
2917 including any appeals;
2918 (x) a requirement that the final determination resulting from the dispute resolution
2919 process provided for in the rules is a final agency action subject to judicial review as provided
2920 in Sections 63G-4-401 and 63G-4-402 ;
2921 (xi) a requirement that a claim or dispute that does not include a monetary claim
2922 against the division or its agents is not limited to the dispute resolution process provided for in
2923 this Subsection (6);
2924 (xii) requirements for claims and disputes to be eligible for this dispute resolution
2925 process;
2926 (xiii) the use of an independent hearing officer, panel, arbitration, or mediation; and
2927 (xiv) the circumstances under which a subcontractor may file a claim directly with the
2928 division.
2929 (d) Persons pursuing claims under the process required by this Subsection (6):
2930 (i) are bound by the decision reached under this process unless the decision is properly
2931 appealed; and
2932 (ii) may not pursue claims or disputes under the dispute resolution process established
2933 in Sections [
2934 (7) In addition to all other reasons allowed by law or rule, the director may reject all
2935 bids if none of the bidders whose bid is within the budget of the project submit a subcontractor
2936 list that meets the requirements of this section.
2937 (8) Any violation of this section, or any fraudulent misrepresentation by a contractor,
2938 subcontractor, or supplier, may be grounds for:
2939 (a) the contractor, subcontractor, or supplier to be suspended or debarred by the
2940 director; or
2941 (b) the contractor or subcontractor to be disciplined by the Division of Professional and
2942 Occupational Licensing.
2943 Section 60. Section 63A-5-302 is amended to read:
2944 63A-5-302. Leasing responsibilities of the director.
2945 (1) The director shall:
2946 (a) lease, in the name of the division, all real property space to be occupied by an
2947 agency;
2948 (b) in leasing space, comply with:
2949 (i) Title 63G, Chapter [
2950 (ii) any legislative mandates contained in the appropriations act or other specific
2951 legislation;
2952 (c) apply the criteria contained in Subsection (1)(e) to prepare a report evaluating each
2953 high-cost lease at least 12 months before it expires;
2954 (d) evaluate each lease under the division's control and apply the criteria contained in
2955 Subsection (1)(e), when appropriate, to evaluate those leases;
2956 (e) in evaluating leases:
2957 (i) determine whether or not the lease is cost-effective when the needs of the agency to
2958 be housed in the leased facilities are considered;
2959 (ii) determine whether or not another option such as construction, use of other
2960 state-owned space, or a lease-purchase agreement is more cost-effective than leasing;
2961 (iii) determine whether or not the significant lease terms are cost-effective and provide
2962 the state with sufficient flexibility and protection from liability;
2963 (iv) compare the proposed lease payments to the current market rates, and evaluate
2964 whether or not the proposed lease payments are reasonable under current market conditions;
2965 (v) compare proposed significant lease terms to the current market, and recommend
2966 whether or not these proposed terms are reasonable under current market conditions; and
2967 (vi) if applicable, recommend that the lease or modification to a lease be approved or
2968 disapproved;
2969 (f) based upon the evaluation, include in the report recommendations that identify
2970 viable alternatives to:
2971 (i) make the lease cost-effective; or
2972 (ii) meet the agency's needs when the lease expires; and
2973 (g) upon request, provide the information included in the report to:
2974 (i) the agency benefitted by the lease; and
2975 (ii) the Office of Legislative Fiscal Analyst.
2976 (2) The director may:
2977 (a) subject to legislative appropriation, enter into facility leases with terms of up to 10
2978 years when the length of the lease's term is economically advantageous to the state; and
2979 (b) with the approval of the State Building Board and subject to legislative
2980 appropriation, enter into facility leases with terms of more than 10 years when the length of the
2981 lease's term is economically advantageous to the state.
2982 Section 61. Section 63B-2-102 is amended to read:
2983 63B-2-102. Maximum amount -- Projects authorized.
2984 (1) The total amount of bonds issued under this part may not exceed $80,000,000.
2985 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
2986 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
2987 Subsection (2).
2988 (b) These costs may include the cost of acquiring land, interests in land, easements and
2989 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
2990 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
2991 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
2992 covered by construction of the projects plus a period of six months after the end of the
2993 construction period and all related engineering, architectural, and legal fees.
2994 (c) For the division, proceeds shall be provided for the following:
2995 | CAPITAL IMPROVEMENTS | ||
2996 | 1 | Alterations, Repairs, and Improvements | $8,413,900 |
2997 | TOTAL IMPROVEMENTS | $8,413,900 |
2998 | CAPITAL FACILITIES CONSTRUCTION | |||
2999 |
PROJECT PRIORITY |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE COSTS |
3000 | 1 |
Corrections - Northern Utah Community Corrections Center Phase II |
$2,729,700 | $158,000 |
3001 | 2 |
University of Utah Marriot Library Phase II |
$10,200,000 | $881,600 |
3002 | 3 | Ogden Courts Building Phase II | $12,096,000 | $340,000 |
3003 | 4 |
Utah National Guard - Southeast Utah Armory Phase II |
$397,800 | $70,500 |
3004 | 5 |
Southern Utah University Library Phase II |
$7,004,400 | $427,000 |
3005 | 6 |
Utah Valley Special Events Center Phase II |
$11,845,300 | $536,900 |
3006 | 7 | Salt Lake Community College - Land | $1,300,000 | $0 |
3007 | 8 | Tax Commission Building | $14,224,000 | $812,000 |
3008 | 9 | Dixie College Business Building | $2,823,300 | $187,800 |
3009 | 10 |
Salt Lake Community College South City 3rd Floor and Boiler |
$4,009,500 | $257,600 |
3010 | 11 |
Public Education - Deaf and Blind Classrooms |
$3,456,100 | $124,800 |
3011 | TOTAL CONSTRUCTION | $70,086,100 | ||
3012 |
TOTAL IMPROVEMENTS AND CONSTRUCTION |
$78,500,000 |
3014 (i) are estimates only;
3015 (ii) may include any operations and maintenance costs already funded in existing
3016 agency budgets; and
3017 (iii) are not commitments by this Legislature or future Legislatures to fund those
3018 operations and maintenance costs.
3019 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3020 constitute a limitation on the amount that may be expended for any project.
3021 (b) The board may revise these estimates and redistribute the amount estimated for a
3022 project among the projects authorized.
3023 (c) The commission, by resolution and in consultation with the board, may delete one
3024 or more projects from this list if the inclusion of that project or those projects in the list could
3025 be construed to violate state law or federal law or regulation.
3026 (4) (a) The division may enter into agreements related to these projects before the
3027 receipt of proceeds of bonds issued under this chapter.
3028 (b) The division shall make those expenditures from unexpended and unencumbered
3029 building funds already appropriated to the Capital Projects Fund.
3030 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3031 of bonds issued under this chapter.
3032 (d) The commission may, by resolution, make any statement of intent relating to that
3033 reimbursement that is necessary or desirable to comply with federal tax law.
3034 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3035 it is the intent of the Legislature that the balance necessary to complete the projects be
3036 addressed by future Legislatures, either through appropriations or through the issuance or sale
3037 of bonds.
3038 (b) For those phased projects, the division may enter into contracts for amounts not to
3039 exceed the anticipated full project funding but may not allow work to be performed on those
3040 contracts in excess of the funding already authorized by the Legislature.
3041 (c) Those contracts shall contain a provision for termination of the contract for the
3042 convenience of the state as required by Section [
3043 (d) It is also the intent of the Legislature that this authorization to the division does not
3044 bind future Legislatures to fund projects initiated from this authorization.
3045 Section 62. Section 63B-3-102 is amended to read:
3046 63B-3-102. Maximum amount -- Projects authorized.
3047 (1) The total amount of bonds issued under this part may not exceed $64,600,000.
3048 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3049 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3050 Subsection (2).
3051 (b) These costs may include the cost of acquiring land, interests in land, easements and
3052 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3053 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3054 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3055 covered by construction of the projects plus a period of six months after the end of the
3056 construction period and all related engineering, architectural, and legal fees.
3057 (c) For the division, proceeds shall be provided for the following:
3058 | CAPITAL IMPROVEMENTS | ||
3059 | 1 | Alterations, Repairs, and Improvements |
$5,000,000
|
3060 | TOTAL IMPROVEMENTS |
$5,000,000
|
3061 | CAPITAL AND ECONOMIC DEVELOPMENT | |||
3062 |
PRIORITY PROJECT |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE COSTS |
3063 | 1 |
University of Utah Marriott Library Phase III (Final) |
$13,811,500 | $881,600 |
3064 | 2 |
Bridgerland Applied Technology Center Utah State University Space |
$2,400,000 |
|
3065 | 3 |
Weber State University - Heat Plant |
$2,332,100 | $9,600 |
3066 | 4 |
Department of Human Services - Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services |
$4,180,000 | $400,000 |
3067 | 5 |
Snow College - Administrative Services/Student Center |
$3,885,100 | $224,500 |
3068 | 6 |
Ogden Weber Applied Technology Center - Metal Trades Building Design and Equipment Purchase |
$750,000 | $0 |
3069 | 7 |
Department of Corrections B-Block Remodel |
$1,237,100 | $72,000 |
3070 | 8 |
Utah State University - Old Main Phase III Design |
$550,000 | $0 |
3071 | 9 |
Department of Corrections - 144 bed Uintah Expansion |
$6,700,000 | $168,800 |
3072 | 10 |
Southern Utah University Administrative Services/Student Center |
$5,630,400 | $314,200 |
3073 | 11 | Anasazi Museum | $760,200 | $8,500 |
3074 | 12 |
Hill Air Force Base - Easements Purchase |
$9,500,000 | $0 |
3075 | 13 | Signetics Building Remodel | $2,000,000 | $0 |
3076 | 14 | Antelope Island Visitors Center | $750,000 | $30,000 |
3077 | 15 | State Fair Park - Master Study | $150,000 | $0 |
3078 | 16 | Utah National Guard - Draper Land | $380,800 | $0 |
3079 | 17 |
Davis Applied Technology Center - Design |
$325,000 | $0 |
3080 | 18 |
Palisade State Park - Land and Park Development |
$800,000 | $0 |
3081 | 19 |
Department of Human Services - Cedar City Land |
$80,000 | $0 |
3082 | 20 |
Department of Human Services - Clearfield Land |
$163,400 | $0 |
3083 | 21 |
Electronic technology, equipment, and hardware |
$2,500,000 | $0 |
3084 | TOTAL CAPITAL AND ECONOMIC DEVELOPMENT $58,885,600 | |||
3085 |
TOTAL IMPROVEMENTS AND CAPITAL AND ECONOMIC DEVELOPMENT $63,885,600 |
3087 (i) are estimates only;
3088 (ii) may include any operations and maintenance costs already funded in existing
3089 agency budgets; and
3090 (iii) are not commitments by this Legislature or future Legislatures to fund those
3091 operations and maintenance costs.
3092 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3093 constitute a limitation on the amount that may be expended for any project.
3094 (b) The board may revise these estimates and redistribute the amount estimated for a
3095 project among the projects authorized.
3096 (c) The commission, by resolution and in consultation with the board, may delete one
3097 or more projects from this list if the inclusion of that project or those projects in the list could
3098 be construed to violate state law or federal law or regulation.
3099 (4) (a) The division may enter into agreements related to these projects before the
3100 receipt of proceeds of bonds issued under this chapter.
3101 (b) The division shall make those expenditures from unexpended and unencumbered
3102 building funds already appropriated to the Capital Projects Fund.
3103 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3104 of bonds issued under this chapter.
3105 (d) The commission may, by resolution, make any statement of intent relating to that
3106 reimbursement that is necessary or desirable to comply with federal tax law.
3107 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3108 it is the intent of the Legislature that the balance necessary to complete the projects be
3109 addressed by future Legislatures, either through appropriations or through the issuance or sale
3110 of bonds.
3111 (b) For those phased projects, the division may enter into contracts for amounts not to
3112 exceed the anticipated full project funding but may not allow work to be performed on those
3113 contracts in excess of the funding already authorized by the Legislature.
3114 (c) Those contracts shall contain a provision for termination of the contract for the
3115 convenience of the state as required by Section [
3116 (d) It is also the intent of the Legislature that this authorization to the division does not
3117 bind future Legislatures to fund projects initiated from this authorization.
3118 Section 63. Section 63B-4-102 is amended to read:
3119 63B-4-102. Maximum amount -- Projects authorized.
3120 (1) The total amount of bonds issued under this part may not exceed $45,300,000.
3121 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3122 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3123 Subsection (2).
3124 (b) These costs may include the cost of acquiring land, interests in land, easements and
3125 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3126 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3127 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3128 covered by construction of the projects plus a period of six months after the end of the
3129 construction period, and all related engineering, architectural, and legal fees.
3130 (c) For the division, proceeds shall be provided for the following:
3131 | CAPITAL IMPROVEMENTS | ||
3132 | Alterations, Repairs, and Improvements | $7,200,000 | |
3133 | TOTAL IMPROVEMENTS | $7,200,000 |
3134 | CAPITAL AND ECONOMIC DEVELOPMENT | |||
3135 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE COSTS |
|
3136 | Corrections - Uinta IVA | $11,300,000 | $212,800 | |
3137 | Utah County Youth Correctional Facility | $6,650,000 | $245,000 | |
3138 |
Ogden Weber Applied Technology Center - Metal Trades |
$5,161,000 | $176,000 | |
3139 | Project Reserve Fund | $3,500,000 | None | |
3140 |
Weber State University - Browning Center Remodel |
$3,300,000 | None | |
3141 | Heber Wells Building Remodel | $2,000,000 | None | |
3142 | Higher Education Davis County - Land Purchase | $1,600,000 | None | |
3143 | National Guard -- Provo Armory | $1,500,000 | $128,000 | |
3144 |
Department of Natural Resources - Pioneer Trails Visitor Center |
$900,000 | $65,000 | |
3145 | Higher Education Design Projects | $800,000 |
Varies depending upon projects selected |
|
3146 |
Salt Lake Community College - South Valley Planning |
$300,000 | None | |
3147 |
Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services - Logan Land Purchase |
$120,000 | None | |
3148 | TOTAL CAPITAL AND ECONOMIC DEVELOPMENT | $37,131,000 | ||
3149 |
TOTAL IMPROVEMENTS AND CAPITAL AND ECONOMIC DEVELOPMENT |
$44,331,000 |
3151 (i) are estimates only;
3152 (ii) may include any operations and maintenance costs already funded in existing
3153 agency budgets; and
3154 (iii) are not commitments by this Legislature or future Legislatures to fund those
3155 operations and maintenance costs.
3156 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3157 constitute a limitation on the amount that may be expended for any project.
3158 (b) The board may revise these estimates and redistribute the amount estimated for a
3159 project among the projects authorized.
3160 (c) The commission, by resolution and in consultation with the board, may delete one
3161 or more projects from this list if the inclusion of that project or those projects in the list could
3162 be construed to violate state law or federal law or regulation.
3163 (4) (a) The division may enter into agreements related to these projects before the
3164 receipt of proceeds of bonds issued under this chapter.
3165 (b) The division shall make those expenditures from unexpended and unencumbered
3166 building funds already appropriated to the Capital Projects Fund.
3167 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3168 of bonds issued under this chapter.
3169 (d) The commission may, by resolution, make any statement of intent relating to that
3170 reimbursement that is necessary or desirable to comply with federal tax law.
3171 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3172 it is the intent of the Legislature that the balance necessary to complete the projects be
3173 addressed by future Legislatures, either through appropriations or through the issuance or sale
3174 of bonds.
3175 (b) For those phased projects, the division may enter into contracts for amounts not to
3176 exceed the anticipated full project funding but may not allow work to be performed on those
3177 contracts in excess of the funding already authorized by the Legislature.
3178 (c) Those contracts shall contain a provision for termination of the contract for the
3179 convenience of the state as required by Section [
3180 (d) It is also the intent of the Legislature that this authorization to the division does not
3181 bind future Legislatures to fund projects initiated from this authorization.
3182 Section 64. Section 63B-5-102 is amended to read:
3183 63B-5-102. Maximum amount -- Projects authorized.
3184 (1) The total amount of bonds issued under this part may not exceed $32,000,000.
3185 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3186 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3187 Subsection (2).
3188 (b) These costs may include the cost of acquiring land, interests in land, easements and
3189 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3190 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3191 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3192 covered by construction of the projects plus a period of six months after the end of the
3193 construction period, and all related engineering, architectural, and legal fees.
3194 (c) For the division, proceeds shall be provided for the following:
3195 | CAPITAL IMPROVEMENTS | ||
3196 | Alterations, Repairs, and Improvements | $7,600,000 | |
3197 | TOTAL IMPROVEMENTS | $7,600,000 |
3198 | CAPITAL AND ECONOMIC DEVELOPMENT | |||
3199 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE COSTS |
|
3200 | Corrections - Gunnison (192 Beds) | $13,970,000 | $210,000 | |
3201 | University of Utah -- Gardner Hall | $7,361,000 | $203,900 | |
3202 |
Weber State University Davis Campus -- Land Purchase |
$771,000 | None | |
3203 |
Department of Workforce Services Cedar City -- Land Purchase |
$148,000 | None | |
3204 |
College of Eastern Utah Durrant School -- Land Purchase |
$400,000 | None | |
3205 | State Hospital - Forensic Design (200 beds) | $750,000 | $575,000 | |
3206 |
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT |
$23,400,000 | ||
3207 |
TOTAL IMPROVEMENTS AND CAPITAL AND ECONOMIC DEVELOPMENT |
$31,000,000 |
3209 (i) are estimates only;
3210 (ii) may include any operations and maintenance costs already funded in existing
3211 agency budgets; and
3212 (iii) are not commitments by this Legislature or future Legislatures to fund those
3213 operations and maintenance costs.
3214 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3215 constitute a limitation on the amount that may be expended for any project.
3216 (b) The board may revise these estimates and redistribute the amount estimated for a
3217 project among the projects authorized.
3218 (c) The commission, by resolution and in consultation with the board, may delete one
3219 or more projects from this list if the inclusion of that project or those projects in the list could
3220 be construed to violate state law or federal law or regulation.
3221 (4) (a) The division may enter into agreements related to these projects before the
3222 receipt of proceeds of bonds issued under this chapter.
3223 (b) The division shall make those expenditures from unexpended and unencumbered
3224 building funds already appropriated to the Capital Projects Fund.
3225 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3226 of bonds issued under this chapter.
3227 (d) The commission may, by resolution, make any statement of intent relating to that
3228 reimbursement that is necessary or desirable to comply with federal tax law.
3229 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3230 it is the intent of the Legislature that the balance necessary to complete the projects be
3231 addressed by future Legislatures, either through appropriations or through the issuance or sale
3232 of bonds.
3233 (b) For those phased projects, the division may enter into contracts for amounts not to
3234 exceed the anticipated full project funding but may not allow work to be performed on those
3235 contracts in excess of the funding already authorized by the Legislature.
3236 (c) Those contracts shall contain a provision for termination of the contract for the
3237 convenience of the state as required by Section [
3238 (d) It is also the intent of the Legislature that this authorization to the division does not
3239 bind future Legislatures to fund projects initiated from this authorization.
3240 Section 65. Section 63B-6-102 is amended to read:
3241 63B-6-102. Maximum amount -- Projects authorized.
3242 (1) The total amount of bonds issued under this part may not exceed $57,000,000.
3243 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3244 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3245 Subsection (2).
3246 (b) These costs may include the cost of acquiring land, interests in land, easements and
3247 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3248 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3249 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3250 covered by construction of the projects plus a period of six months after the end of the
3251 construction period, and all related engineering, architectural, and legal fees.
3252 (c) For the division, proceeds shall be provided for the following:
3253 | CAPITAL AND ECONOMIC DEVELOPMENT | ||
3254 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE |
3255 | Youth Corrections - Carbon / Emery (18 beds) | $2,298,100 | $70,000 |
3256 | State Hospital - 100 bed Forensic Facility | $13,800,700 | $320,600 |
3257 | Utah State University - Widtsoe Hall | $23,986,700 | $750,200 |
3258 |
Davis Applied Technology Center - Medical/Health Tech Addition |
$6,344,900 | $144,000 |
3259 |
Southern Utah University -- Physical Education Building (Design) |
$1,100,000 | $456,100 |
3260 |
Salt Lake Community College -- High Technology Building, 90th So. Campus (Design) |
$1,165,000 | $718,500 |
3261 |
Department of Natural Resources - Antelope Island Road |
$3,600,000 | None |
3262 |
Youth Corrections - Region 1 72 Secured Bed Facility |
$1,500,000 | None |
3263 |
Department of Natural Resources - Dead Horse Point Visitors Center |
$1,350,000 | $5,700 |
3264 |
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT |
$55,145,400 |
3266 (i) are estimates only;
3267 (ii) may include any operations and maintenance costs already funded in existing
3268 agency budgets; and
3269 (iii) are not commitments by this Legislature or future Legislatures to fund those
3270 operations and maintenance costs.
3271 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3272 constitute a limitation on the amount that may be expended for any project.
3273 (b) The board may revise these estimates and redistribute the amount estimated for a
3274 project among the projects authorized.
3275 (c) The commission, by resolution and in consultation with the board, may delete one
3276 or more projects from this list if the inclusion of that project or those projects in the list could
3277 be construed to violate state law or federal law or regulation.
3278 (4) (a) The division may enter into agreements related to these projects before the
3279 receipt of proceeds of bonds issued under this chapter.
3280 (b) The division shall make those expenditures from unexpended and unencumbered
3281 building funds already appropriated to the Capital Projects Fund.
3282 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3283 of bonds issued under this chapter.
3284 (d) The commission may, by resolution, make any statement of intent relating to that
3285 reimbursement that is necessary or desirable to comply with federal tax law.
3286 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3287 it is the intent of the Legislature that the balance necessary to complete the projects be
3288 addressed by future Legislatures, either through appropriations or through the issuance or sale
3289 of bonds.
3290 (b) For those phased projects, the division may enter into contracts for amounts not to
3291 exceed the anticipated full project funding but may not allow work to be performed on those
3292 contracts in excess of the funding already authorized by the Legislature.
3293 (c) Those contracts shall contain a provision for termination of the contract for the
3294 convenience of the state as required by Section [
3295 (d) It is also the intent of the Legislature that this authorization to the division does not
3296 bind future Legislatures to fund projects initiated from this authorization.
3297 Section 66. Section 63B-6-402 is amended to read:
3298 63B-6-402. Maximum amount -- Projects authorized.
3299 (1) The total amount of bonds issued under this part may not exceed $9,000,000.
3300 (2) (a) Proceeds from the issuance of bonds shall be provided to the State Tax
3301 Commission to provide funds to pay all or part of the cost of the project described in this
3302 Subsection (2).
3303 (b) These costs may include:
3304 (i) the cost of acquisition, development, and conversion of computer hardware and
3305 software for motor vehicle fee systems and tax collection and accounting systems of the state;
3306 (ii) interest estimated to accrue on these bonds during the period to be covered by that
3307 development and conversion, plus a period of six months following the completion of the
3308 development and conversion; and
3309 (iii) all related engineering, consulting, and legal fees.
3310 (c) For the State Tax Commission, proceeds shall be provided for the following:
3311 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
||
3312 |
UTAX SYSTEMS ACQUISITION AND DEVELOPMENT |
$8,500,000 |
3314 construed to violate state law or federal law or regulation.
3315 (4) (a) For this project, for which only partial funding is provided in Subsection (2), it
3316 is the intent of the Legislature that the balance necessary to complete the project be addressed
3317 by future Legislatures, either through appropriations or through the issuance or sale of bonds.
3318 (b) The State Tax Commission may enter into contracts for amounts not to exceed the
3319 anticipated full project funding but may not allow work to be performed on those contracts in
3320 excess of the funding already authorized by the Legislature.
3321 (c) Those contracts shall contain a provision for termination of the contract for the
3322 convenience of the state as required by Section [
3323 (d) It is also the intent of the Legislature that this authorization to the State Tax
3324 Commission does not bind future Legislatures to fund projects initiated from this authorization.
3325 Section 67. Section 63B-7-102 is amended to read:
3326 63B-7-102. Maximum amount -- Projects authorized.
3327 (1) The total amount of bonds issued under this part may not exceed $33,600,000.
3328 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3329 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3330 Subsection (2).
3331 (b) These costs may include the cost of acquiring land, interests in land, easements and
3332 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3333 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3334 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3335 covered by construction of the projects plus a period of six months after the end of the
3336 construction period, and all related engineering, architectural, and legal fees.
3337 (c) For the division, proceeds shall be provided for the following:
3338 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE |
3339 | Southern Utah University Land Purchase | $4,600,000 | $0 |
3340 |
Salt Lake Community College High Tech Center - Jordan Campus |
$3,980,700 | $507,900 |
3341 | Children's Special Health Care Needs Clinic | $755,400 | $247,600 |
3342 |
Youth Corrections - 2 @ 32 beds (Vernal / Logan) |
$419,500 | $276,000 |
3343 |
Corrections - Gunnison 288 bed and Lagoon Expansion |
$8,425,600 | $0 |
3344 | University of Utah - Cowles Building | $445,500 | $101,700 |
3345 | Utah Valley State College - Technical Building | $1,166,300 | $391,000 |
3346 |
Sevier Valley Applied Technology Center - Shop Expansion |
$3,014,300 | $443,300 |
3347 |
Division of Parks and Recreation Statewide Restrooms |
$1,000,000 | $22,700 |
3348 | Murray Highway Patrol Office | $2,300,000 | $81,000 |
3349 |
Department of Workforce Services - Davis County Employment Center |
$2,780,000 | $128,100 |
3350 | State Hospital - Rampton II | $1,600,000 | $462,000 |
3351 | Courts - 4th District Land - Provo | $1,368,000 | $0 |
3352 | Dixie College - Land | $1,000,000 | $0 |
3353 |
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT |
$32,855,300 |
3355 (i) are estimates only;
3356 (ii) may include any operations and maintenance costs already funded in existing
3357 agency budgets; and
3358 (iii) are not commitments by this Legislature or future Legislatures to fund those
3359 operations and maintenance costs.
3360 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3361 constitute a limitation on the amount that may be expended for any project.
3362 (b) The board may revise these estimates and redistribute the amount estimated for a
3363 project among the projects authorized.
3364 (c) The commission, by resolution and in consultation with the board, may delete one
3365 or more projects from this list if the inclusion of that project or those projects in the list could
3366 be construed to violate state law or federal law or regulation.
3367 (4) (a) The division may enter into agreements related to these projects before the
3368 receipt of proceeds of bonds issued under this chapter.
3369 (b) The division shall make those expenditures from unexpended and unencumbered
3370 building funds already appropriated to the Capital Projects Fund.
3371 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3372 of bonds issued under this chapter.
3373 (d) The commission may, by resolution, make any statement of intent relating to that
3374 reimbursement that is necessary or desirable to comply with federal tax law.
3375 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3376 it is the intent of the Legislature that the balance necessary to complete the projects be
3377 addressed by future Legislatures, either through appropriations or through the issuance or sale
3378 of bonds.
3379 (b) For those phased projects, the division may enter into contracts for amounts not to
3380 exceed the anticipated full project funding but may not allow work to be performed on those
3381 contracts in excess of the funding already authorized by the Legislature.
3382 (c) Those contracts shall contain a provision for termination of the contract for the
3383 convenience of the state as required by Section [
3384 (d) It is also the intent of the Legislature that this authorization to the division does not
3385 bind future Legislatures to fund projects initiated from this authorization.
3386 Section 68. Section 63B-7-402 is amended to read:
3387 63B-7-402. Maximum amount -- Projects authorized.
3388 (1) The total amount of bonds issued under this part may not exceed $16,500,000.
3389 (2) (a) Proceeds from the issuance of bonds shall be provided to the State Tax
3390 Commission to provide funds to pay all or part of the cost of the project described in this
3391 Subsection (2).
3392 (b) These costs may include:
3393 (i) the cost of acquisition, development, and conversion of computer hardware and
3394 software for motor vehicle fee systems and tax collection and accounting systems of the state;
3395 (ii) interest estimated to accrue on these bonds during the period to be covered by that
3396 development and conversion, plus a period of six months following the completion of the
3397 development and conversion; and
3398 (iii) all related engineering, consulting, and legal fees.
3399 (c) For the State Tax Commission, proceeds shall be provided for the following:
3400 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
|
3401 |
UTAX SYSTEMS ACQUISITION AND DEVELOPMENT |
$15,650,000 |
3403 construed to violate state law or federal law or regulation.
3404 (4) (a) For this project, for which only partial funding is provided in Subsection (2), it
3405 is the intent of the Legislature that the balance necessary to complete the project be addressed
3406 by future Legislatures, either through appropriations or through the issuance or sale of bonds.
3407 (b) The State Tax Commission may enter into contracts for amounts not to exceed the
3408 anticipated full project funding but may not allow work to be performed on those contracts in
3409 excess of the funding already authorized by the Legislature.
3410 (c) Those contracts shall contain a provision for termination of the contract for the
3411 convenience of the state as required by Section [
3412 (d) It is also the intent of the Legislature that this authorization to the State Tax
3413 Commission does not bind future Legislatures to fund projects initiated from this authorization.
3414 Section 69. Section 63B-8-102 is amended to read:
3415 63B-8-102. Maximum amount -- Projects authorized.
3416 (1) The total amount of bonds issued under this part may not exceed $48,500,000.
3417 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3418 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3419 Subsection (2).
3420 (b) These costs may include the cost of acquiring land, interests in land, easements and
3421 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3422 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3423 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3424 covered by construction of the projects plus a period of six months after the end of the
3425 construction period, and all related engineering, architectural, and legal fees.
3426 (c) For the division, proceeds shall be provided for the following:
3427 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE |
3428 |
Southern Utah University - Physical Education Building |
$2,493,200 | $447,744 |
3429 |
Utah Valley State College - Information Sciences Building |
$29,000,000 | $721,875 |
3430 | University of Utah - Cowles Building Renovation | $7,268,500 | $140,217 |
3431 | Vernal District Court | $4,539,500 | $149,989 |
3432 |
Salt Lake Community College - Applied Education Center |
$4,200,000 | $281,784 |
3433 |
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT |
$47,501,200 |
3435 (i) are estimates only;
3436 (ii) may include any operations and maintenance costs already funded in existing
3437 agency budgets; and
3438 (iii) are not commitments by this Legislature or future Legislatures to fund those
3439 operations and maintenance costs.
3440 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3441 constitute a limitation on the amount that may be expended for any project.
3442 (b) The board may revise these estimates and redistribute the amount estimated for a
3443 project among the projects authorized.
3444 (c) The commission, by resolution and in consultation with the board, may delete one
3445 or more projects from this list if the inclusion of that project or those projects in the list could
3446 be construed to violate state law or federal law or regulation.
3447 (4) (a) The division may enter into agreements related to these projects before the
3448 receipt of proceeds of bonds issued under this chapter.
3449 (b) The division shall make those expenditures from unexpended and unencumbered
3450 building funds already appropriated to the Capital Projects Fund.
3451 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3452 of bonds issued under this chapter.
3453 (d) The commission may, by resolution, make any statement of intent relating to that
3454 reimbursement that is necessary or desirable to comply with federal tax law.
3455 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3456 it is the intent of the Legislature that the balance necessary to complete the projects be
3457 addressed by future Legislatures, either through appropriations or through the issuance or sale
3458 of bonds.
3459 (b) For those phased projects, the division may enter into contracts for amounts not to
3460 exceed the anticipated full project funding but may not allow work to be performed on those
3461 contracts in excess of the funding already authorized by the Legislature.
3462 (c) Those contracts shall contain a provision for termination of the contract for the
3463 convenience of the state as required by Section [
3464 (d) It is also the intent of the Legislature that this authorization to the division does not
3465 bind future Legislatures to fund projects initiated from this authorization.
3466 Section 70. Section 63B-8-402 is amended to read:
3467 63B-8-402. Maximum amount -- Projects authorized.
3468 (1) The total amount of bonds issued under this part may not exceed $7,400,000.
3469 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3470 funds to pay all or part of the cost of acquiring and constructing the project listed in this
3471 Subsection (2).
3472 (b) These costs may include the cost of acquiring land, interests in land, easements and
3473 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3474 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3475 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3476 covered by construction of the projects plus a period of six months after the end of the
3477 construction period, and all related engineering, architectural, and legal fees.
3478 (c) For the division, proceeds shall be provided for the following:
3479 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE |
|
3480 | State Hospital - Rampton II | $7,000,000 | $462,000 |
3482 (i) are estimates only;
3483 (ii) may include any operations and maintenance costs already funded in existing
3484 agency budgets; and
3485 (iii) are not commitments by this Legislature or future Legislatures to fund those
3486 operations and maintenance costs.
3487 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3488 constitute a limitation on the amount that may be expended for any project.
3489 (b) The board may revise these estimates and redistribute the amount estimated for a
3490 project among the projects authorized.
3491 (c) The commission, by resolution and in consultation with the board, may delete one
3492 or more projects from this list if the inclusion of that project or those projects in the list could
3493 be construed to violate state law or federal law or regulation.
3494 (4) (a) The division may enter into agreements related to these projects before the
3495 receipt of proceeds of bonds issued under this chapter.
3496 (b) The division shall make those expenditures from unexpended and unencumbered
3497 building funds already appropriated to the Capital Projects Fund.
3498 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3499 of bonds issued under this chapter.
3500 (d) The commission may, by resolution, make any statement of intent relating to that
3501 reimbursement that is necessary or desirable to comply with federal tax law.
3502 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3503 it is the intent of the Legislature that the balance necessary to complete the projects be
3504 addressed by future Legislatures, either through appropriations or through the issuance or sale
3505 of bonds.
3506 (b) For those phased projects, the division may enter into contracts for amounts not to
3507 exceed the anticipated full project funding but may not allow work to be performed on those
3508 contracts in excess of the funding already authorized by the Legislature.
3509 (c) Those contracts shall contain a provision for termination of the contract for the
3510 convenience of the state as required by Section [
3511 (d) It is also the intent of the Legislature that this authorization to the division does not
3512 bind future Legislatures to fund projects initiated from this authorization.
3513 Section 71. Section 63B-9-103 is amended to read:
3514 63B-9-103. Other capital facility authorizations and intent language.
3515 (1) It is the intent of the Legislature that:
3516 (a) Utah State University use institutional funds to plan, design, and construct a
3517 renovation and expansion of the Edith Bowen School under the direction of the director of the
3518 Division of Facilities Construction and Management unless supervisory authority has been
3519 delegated;
3520 (b) no state funds be used for any portion of this project; and
3521 (c) the university may request state funds for operations and maintenance to the extent
3522 that the university is able to demonstrate to the Board of Regents that the facility meets
3523 approved academic and training purposes under Board of Regents policy R710.
3524 (2) It is the intent of the Legislature that:
3525 (a) the University of Utah use institutional funds to plan, design, and construct a
3526 College of Science Math Center under the direction of the director of the Division of Facilities
3527 Construction and Management unless supervisory authority has been delegated;
3528 (b) no state funds be used for any portion of this project; and
3529 (c) the university may request state funds for operations and maintenance to the extent
3530 that the university is able to demonstrate to the Board of Regents that the facility meets
3531 approved academic and training purposes under Board of Regents policy R710.
3532 (3) It is the intent of the Legislature that:
3533 (a) the University of Utah use institutional funds to plan, design, and construct a
3534 Burbidge Athletics and Academics Building under the direction of the director of the Division
3535 of Facilities Construction and Management unless supervisory authority has been delegated;
3536 (b) no state funds be used for any portion of this project; and
3537 (c) the university may not request state funds for operations and maintenance.
3538 (4) It is the intent of the Legislature that:
3539 (a) the University of Utah use institutional funds to plan, design, and construct an
3540 expansion to the bookstore under the direction of the director of the Division of Facilities
3541 Construction and Management unless supervisory authority has been delegated;
3542 (b) no state funds be used for any portion of this project; and
3543 (c) the university may not request state funds for operations and maintenance.
3544 (5) It is the intent of the Legislature that:
3545 (a) the University of Utah use institutional funds to plan, design, and construct a Health
3546 Sciences/Basic Sciences Building under the direction of the director of the Division of
3547 Facilities Construction and Management unless supervisory authority has been delegated;
3548 (b) no state funds be used for any portion of this project; and
3549 (c) the university may request state funds for operations and maintenance to the extent
3550 that the university is able to demonstrate to the Board of Regents that the facility meets
3551 approved academic and training purposes under Board of Regents policy R710.
3552 (6) It is the intent of the Legislature that:
3553 (a) Weber State University use institutional funds to plan, design, and construct an
3554 expansion to the stadium under the direction of the director of the Division of Facilities
3555 Construction and Management unless supervisory authority has been delegated;
3556 (b) no state funds be used for any portion of this project; and
3557 (c) the university may not request state funds for operations and maintenance.
3558 (7) It is the intent of the Legislature that:
3559 (a) Utah Valley State College use institutional funds to plan, design, and construct a
3560 baseball stadium under the direction of the director of the Division of Facilities Construction
3561 and Management unless supervisory authority has been delegated;
3562 (b) no state funds be used for any portion of this project; and
3563 (c) the college may not request state funds for operations and maintenance.
3564 (8) It is the intent of the Legislature that:
3565 (a) Southern Utah University use institutional funds to plan, design, and construct a
3566 weight training room under the direction of the director of the Division of Facilities
3567 Construction and Management unless supervisory authority has been delegated;
3568 (b) no state funds be used for any portion of this project; and
3569 (c) the university may not request state funds for operations and maintenance.
3570 (9) It is the intent of the Legislature that:
3571 (a) Snow College may lease land at the Snow College Richfield campus to a private
3572 developer for the construction and operation of student housing;
3573 (b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
3574 (c) no state funds be used for any portion of this project; and
3575 (d) the college may not request state funds for operations and maintenance.
3576 (10) It is the intent of the Legislature that:
3577 (a) Salt Lake Community College may lease land at the Jordan campus to Jordan
3578 School District for the construction and operation of an Applied Technology Education Center;
3579 (b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
3580 (c) no state funds be used for any portion of this project; and
3581 (d) the college may not request state funds for operations and maintenance.
3582 (11) It is the intent of the Legislature that:
3583 (a) the Department of Transportation exchange its maintenance station at Kimball
3584 Junction for property located near Highway 40 in Summit County; and
3585 (b) the Department of Transportation use federal funds, rent paid by the Salt Lake
3586 Organizing Committee for the use of the maintenance station, and any net proceeds resulting
3587 from the exchange of property to construct a replacement facility under the direction of the
3588 director of the Division of Facilities Construction and Management unless supervisory
3589 authority has been delegated.
3590 (12) It is the intent of the Legislature that:
3591 (a) the Department of Transportation sell surplus property in Utah County;
3592 (b) the Department of Transportation use funds from that sale to remodel existing
3593 space and add an addition to the Region 3 Complex; and
3594 (c) the project cost not exceed the funds received through sale of property.
3595 (13) It is the intent of the Legislature that the Department of Workforce Services use
3596 proceeds from property sales to purchase additional property adjacent to its state-owned facility
3597 in Logan.
3598 (14) (a) It is the intent of the Legislature that, because only partial funding is provided
3599 for the Heat Plant/Infrastructure Project at Utah State University, the balance necessary to
3600 complete this project be addressed by future Legislatures, either through appropriations or
3601 through the issuance of bonds.
3602 (b) (i) In compliance with Section 63A-5-207 , the division may enter into contracts for
3603 amounts not to exceed the anticipated full project funding but may not allow work to be
3604 performed on those contracts in excess of the funding already authorized by the Legislature.
3605 (ii) Those contracts shall contain a provision for termination of the contract for the
3606 convenience of the state as required by Section [
3607 (c) It is also the intent of the Legislature that this authorization to the division does not
3608 bind future Legislatures to fund the Heat Plant/Infrastructure Project at Utah State University.
3609 Section 72. Section 63B-11-202 is amended to read:
3610 63B-11-202. Maximum amount -- Projects authorized.
3611 (1) (a) The total amount of bonds issued under this part may not exceed $21,250,000.
3612 (b) When Utah State University certifies to the commission that the university has
3613 obtained reliable commitments, convertible to cash, of $5,000,000 or more in nonstate funds to
3614 construct an addition to the new engineering building and demolish the existing engineering
3615 classroom building, the commission may issue and sell general obligation bonds in a total
3616 amount not to exceed $6,100,000.
3617 (c) When the University of Utah certifies to the commission that the university has
3618 obtained reliable commitments, convertible to cash, of $13,000,000 or more in nonstate funds
3619 to construct a new engineering building, the commission may issue and sell general obligation
3620 bonds in a total amount not to exceed $15,150,000.
3621 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
3622 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
3623 Subsection (2).
3624 (b) These costs may include the cost of acquiring land, interests in land, easements and
3625 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
3626 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
3627 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
3628 covered by construction of the projects plus a period of six months after the end of the
3629 construction period, and all related engineering, architectural, and legal fees.
3630 (c) For the division, proceeds shall be provided for the following:
3631 |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATING AND MAINTENANCE COSTS |
3632 |
1. Utah State University Engineering Building Renovation |
$5,943,500 | $425,000 |
3633 | 2. University of Utah New Engineering Building | $15,000,000 | $489,000 |
3634 | COSTS OF ISSUANCE | $306,500 | |
3635 | TOTAL CAPITAL AND ECONOMIC DEVELOPMENT | $21,250,000 |
3637 (i) are estimates only;
3638 (ii) may include any operations and maintenance costs already funded in existing
3639 agency budgets; and
3640 (iii) are not commitments by this Legislature or future Legislatures to fund those
3641 operations and maintenance costs.
3642 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3643 constitute a limitation on the amount that may be expended for any project.
3644 (b) The board may revise these estimates and redistribute the amount estimated for a
3645 project among the projects authorized.
3646 (c) The commission, by resolution and in consultation with the board, may delete one
3647 or more projects from this list if the inclusion of that project or those projects in the list could
3648 be construed to violate state law or federal law or regulation.
3649 (4) (a) The division may enter into agreements related to these projects before the
3650 receipt of proceeds of bonds issued under this chapter.
3651 (b) The division shall make those expenditures from unexpended and unencumbered
3652 building funds already appropriated to the Capital Projects Fund.
3653 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
3654 of bonds issued under this chapter.
3655 (d) The commission may, by resolution, make any statement of intent relating to that
3656 reimbursement that is necessary or desirable to comply with federal tax law.
3657 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
3658 it is the intent of the Legislature that the balance necessary to complete the projects be
3659 addressed by future Legislatures, either through appropriations or through the issuance or sale
3660 of bonds.
3661 (b) For those phased projects, the division may enter into contracts for amounts not to
3662 exceed the anticipated full project funding but may not allow work to be performed on those
3663 contracts in excess of the funding already authorized by the Legislature.
3664 (c) Those contracts shall contain a provision for termination of the contract for the
3665 convenience of the state as required by Section [
3666 (d) It is also the intent of the Legislature that this authorization to the division does not
3667 bind future Legislatures to fund projects initiated from this authorization.
3668 Section 73. Section 63C-7-210 is amended to read:
3669 63C-7-210. Exemption from certain acts.
3670 (1) The Utah Communications Agency Network is exempt from:
3671 (a) Title 63J, Chapter 1, Budgetary Procedures Act;
3672 (b) Title 63A, Utah Administrative Services Code, except as provided in Section
3673 63A-4-205.5 ;
3674 (c) Title 63G, Chapter [
3675 (d) Title 63G, Chapter 4, Administrative Procedures Act; and
3676 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
3677 (2) The board shall adopt budgetary procedures, accounting, procurement, and
3678 personnel policies substantially similar to those from which they have been exempted in
3679 Subsection (1).
3680 Section 74. Section 63C-9-301 is amended to read:
3681 63C-9-301. Board powers -- Subcommittees.
3682 (1) The board shall:
3683 (a) except as provided in Subsection (2), exercise complete jurisdiction and
3684 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
3685 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
3686 capitol hill grounds, and their contents;
3687 (c) before October 1 of each year, review and approve the executive director's annual
3688 budget request for submittal to the governor and Legislature;
3689 (d) by October 1 of each year, prepare and submit a recommended budget request for
3690 the upcoming fiscal year for the capitol hill complex to:
3691 (i) the governor, through the Governor's Office of Planning and Budget; and
3692 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
3693 through the Office of Legislative Fiscal Analyst;
3694 (e) review and approve the executive director's:
3695 (i) annual work plan;
3696 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
3697 capitol hill grounds; and
3698 (iii) furnishings plan for placement and care of objects under the care of the board;
3699 (f) approve all changes to the buildings and their grounds, including:
3700 (i) restoration, remodeling, and rehabilitation projects;
3701 (ii) usual maintenance program; and
3702 (iii) any transfers or loans of objects under the board's care;
3703 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
3704 facilities, and capitol hill grounds, after consultation with the:
3705 (i) Division of Facilities Construction and Management;
3706 (ii) State Library Division;
3707 (iii) Division of Archives and Records Service;
3708 (iv) Division of State History;
3709 (v) Office of Museum Services; and
3710 (vi) Arts Council;
3711 (h) inventory, define, and identify all significant contents of the buildings and all
3712 state-owned items of historical significance that were at one time in the buildings, after
3713 consultation with the:
3714 (i) Division of Facilities Construction and Management;
3715 (ii) State Library Division;
3716 (iii) Division of Archives and Records Service;
3717 (iv) Division of State History;
3718 (v) Office of Museum Services; and
3719 (vi) Arts Council;
3720 (i) maintain archives relating to the construction and development of the buildings, the
3721 contents of the buildings and their grounds, including documents such as plans, specifications,
3722 photographs, purchase orders, and other related documents, the original copies of which shall
3723 be maintained by the Division of Archives and Records Service;
3724 (j) comply with federal and state laws related to program and facility accessibility; and
3725 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
3726 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
3727 use.
3728 (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
3729 area, as defined in Section 36-5-1 , is reserved to the Legislature; and
3730 (b) the supervision and control of the governor's area, as defined in Section 67-1-16 , is
3731 reserved to the governor.
3732 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
3733 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
3734 requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3735 (b) A person who violates a rule adopted by the board under the authority of this
3736 Subsection (3) is subject to a civil penalty not to exceed $2,500 for each violation, plus the
3737 amount of any actual damages, expenses, and costs related to the violation of the rule that are
3738 incurred by the state.
3739 (c) The board may take any other legal action allowed by law.
3740 (d) If any violation of a rule adopted by the board is also an offense under Title 76,
3741 Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
3742 allowed under this Subsection (3) in addition to any criminal prosecution.
3743 (e) The board may not apply this section or rules adopted under the authority of this
3744 section in a manner that violates a person's rights under the Utah Constitution or the First
3745 Amendment to the United States Constitution, including the right of persons to peaceably
3746 assemble.
3747 (f) The board shall send proposed rules under this section to the legislative general
3748 counsel and the governor's general counsel for review and comment before the board adopts the
3749 rules.
3750 (4) The board is exempt from the requirements of Title 63G, Chapter [
3751 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
3752 of that chapter.
3753 (5) (a) The board may:
3754 (i) establish subcommittees made up of board members and members of the public to
3755 assist and support the executive director in accomplishing the executive director's duties;
3756 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
3757 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
3758 the other agency agrees to perform the duty or accept the responsibility;
3759 (iv) contract with another state agency to provide services;
3760 (v) delegate by specific motion of the board any authority granted to it by this section
3761 to the executive director;
3762 (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
3763 property contiguous to East Capitol Boulevard and capitol hill;
3764 (vii) provide wireless Internet service to the public without a fee in any capitol hill
3765 facility; and
3766 (viii) when necessary, consult with the:
3767 (A) Division of Facilities Construction and Management;
3768 (B) State Library Division;
3769 (C) Division of Archives and Records Service;
3770 (D) Division of State History;
3771 (E) Office of Museum Services; and
3772 (F) Arts Council.
3773 (b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall
3774 be discontinued in the legislative area if the president of the Senate and the speaker of the
3775 House of Representatives each submit a signed letter to the board indicating that the service is
3776 disruptive to the legislative process and is to be discontinued.
3777 (c) If a budget subcommittee is established by the board, the following shall serve as ex
3778 officio, nonvoting members of the budget subcommittee:
3779 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
3780 of Legislative Fiscal Analyst; and
3781 (ii) the director of the Governor's Office of Planning and Budget, or the director's
3782 designee, who shall be from the Governor's Office of Planning and Budget.
3783 (d) If a preservation and maintenance subcommittee is established by the board, the
3784 board may, by majority vote, appoint one or each of the following to serve on the
3785 subcommittee as voting members of the subcommittee:
3786 (i) an architect, who shall be selected from a list of three architects submitted by the
3787 American Institute of Architects; or
3788 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
3789 American Civil Engineers Council.
3790 (e) If the board establishes any subcommittees, the board may, by majority vote,
3791 appoint up to two people who are not members of the board to serve, at the will of the board, as
3792 nonvoting members of a subcommittee.
3793 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
3794 select one individual to act as chair of the subcommittee for a one-year term.
3795 (6) (a) The board, and the employees of the board, may not move the office of the
3796 governor, lieutenant governor, president of the Senate, speaker of the House of
3797 Representatives, or a member of the Legislature from the State Capitol unless the removal is
3798 approved by:
3799 (i) the governor, in the case of the governor's office;
3800 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
3801 (iii) the president of the Senate, in the case of the president's office or the office of a
3802 member of the Senate; or
3803 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
3804 the office of a member of the House.
3805 (b) The board and the employees of the board have no control over the furniture,
3806 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
3807 members of the Legislature except as necessary to inventory or conserve items of historical
3808 significance owned by the state.
3809 (c) The board and the employees of the board have no control over records and
3810 documents produced by or in the custody of a state agency, official, or employee having an
3811 office in a building on the capitol hill complex.
3812 (d) Except for items identified by the board as having historical significance, and
3813 except as provided in Subsection (6)(b), the board and the employees of the board have no
3814 control over moveable furnishings and equipment in the custody of a state agency, official, or
3815 employee having an office in a building on the capitol hill complex.
3816 Section 75. Section 63C-9-403 is amended to read:
3817 63C-9-403. Contracting power of executive director -- Health insurance coverage.
3818 (1) For purposes of this section:
3819 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
3820 34A-2-104 who:
3821 (i) works at least 30 hours per calendar week; and
3822 (ii) meets employer eligibility waiting requirements for health care insurance which
3823 may not exceed the first of the calendar month following 90 days from the date of hire.
3824 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
3825 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
3826 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
3827 (2) (a) Except as provided in Subsection (3), this section applies to a design or
3828 construction contract entered into by the board or on behalf of the board on or after July 1,
3829 2009, and to a prime contractor or a subcontractor in accordance with Subsection (2)(b).
3830 (b) (i) A prime contractor is subject to this section if the prime contract is in the
3831 amount of $1,500,000 or greater.
3832 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
3833 $750,000 or greater.
3834 (3) This section does not apply if:
3835 (a) the application of this section jeopardizes the receipt of federal funds;
3836 (b) the contract is a sole source contract; or
3837 (c) the contract is an emergency procurement.
3838 (4) (a) This section does not apply to a change order as defined in Section [
3839 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
3840 threshold required by Subsection (2).
3841 (b) A person who intentionally uses change orders or contract modifications to
3842 circumvent the requirements of Subsection (2) is guilty of an infraction.
3843 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the executive
3844 director that the contractor has and will maintain an offer of qualified health insurance
3845 coverage for the contractor's employees and the employees' dependents during the duration of
3846 the contract.
3847 (b) If a subcontractor of the contractor is subject to Subsection (2)(b), the contractor
3848 shall demonstrate to the executive director that the subcontractor has and will maintain an offer
3849 of qualified health insurance coverage for the subcontractor's employees and the employees'
3850 dependents during the duration of the contract.
3851 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
3852 the duration of the contract is subject to penalties in accordance with administrative rules
3853 adopted by the division under Subsection (6).
3854 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
3855 requirements of Subsection (5)(b).
3856 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
3857 the duration of the contract is subject to penalties in accordance with administrative rules
3858 adopted by the department under Subsection (6).
3859 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
3860 requirements of Subsection (5)(a).
3861 (6) The department shall adopt administrative rules:
3862 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3863 (b) in coordination with:
3864 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
3865 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
3866 (iii) the State Building Board in accordance with Section 63A-5-205 ;
3867 (iv) a public transit district in accordance with Section 17B-2a-818.5 ;
3868 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
3869 (vi) the Legislature's Administrative Rules Review Committee; and
3870 (c) which establish:
3871 (i) the requirements and procedures a contractor must follow to demonstrate to the
3872 executive director compliance with this section which shall include:
3873 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
3874 (b) more than twice in any 12-month period; and
3875 (B) that the actuarially equivalent determination required for the qualified health
3876 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
3877 department or division with a written statement of actuarial equivalency from either:
3878 (I) the Utah Insurance Department;
3879 (II) an actuary selected by the contractor or the contractor's insurer; or
3880 (III) an underwriter who is responsible for developing the employer group's premium
3881 rates;
3882 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
3883 violates the provisions of this section, which may include:
3884 (A) a three-month suspension of the contractor or subcontractor from entering into
3885 future contracts with the state upon the first violation;
3886 (B) a six-month suspension of the contractor or subcontractor from entering into future
3887 contracts with the state upon the second violation;
3888 (C) an action for debarment of the contractor or subcontractor in accordance with
3889 Section [
3890 (D) monetary penalties which may not exceed 50% of the amount necessary to
3891 purchase qualified health insurance coverage for employees and dependents of employees of
3892 the contractor or subcontractor who were not offered qualified health insurance coverage
3893 during the duration of the contract; and
3894 (iii) a website on which the department shall post the benchmark for the qualified
3895 health insurance coverage identified in Subsection (1)(c).
3896 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c), a contractor or
3897 subcontractor who intentionally violates the provisions of this section shall be liable to the
3898 employee for health care costs that would have been covered by qualified health insurance
3899 coverage.
3900 (ii) An employer has an affirmative defense to a cause of action under Subsection
3901 (7)(a)(i) if:
3902 (A) the employer relied in good faith on a written statement of actuarial equivalency
3903 provided by:
3904 (I) an actuary; or
3905 (II) an underwriter who is responsible for developing the employer group's premium
3906 rates; or
3907 (B) the department determines that compliance with this section is not required under
3908 the provisions of Subsection (3) or (4).
3909 (b) An employee has a private right of action only against the employee's employer to
3910 enforce the provisions of this Subsection (7).
3911 (8) Any penalties imposed and collected under this section shall be deposited into the
3912 Medicaid Restricted Account created in Section 26-18-402 .
3913 (9) The failure of a contractor or subcontractor to provide qualified health insurance
3914 coverage as required by this section:
3915 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
3916 or contractor under Section [
3917 Chapter [
3918 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
3919 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
3920 or construction.
3921 Section 76. Section 63E-2-109 is amended to read:
3922 63E-2-109. State statutes.
3923 (1) Except as specifically modified in its authorizing statute, each independent
3924 corporation shall be exempt from the statutes governing state agencies, including:
3925 (a) Title 51, Chapter 5, Funds Consolidation Act;
3926 (b) Title 51, Chapter 7, State Money Management Act;
3927 (c) Title 63A, Utah Administrative Services Code;
3928 (d) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3929 (e) Title 63G, Chapter 4, Administrative Procedures Act;
3930 (f) Title 63G, Chapter [
3931 (g) Title 63J, Chapter 1, Budgetary Procedures Act;
3932 (h) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
3933 (i) Title 67, Chapter 19, Utah Personnel Management Act.
3934 (2) Except as specifically modified in its authorizing statute, each independent
3935 corporation shall be subject to:
3936 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3937 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3938 (3) Each independent corporation board may adopt its own policies and procedures
3939 governing its:
3940 (a) funds management;
3941 (b) audits; and
3942 (c) personnel.
3943 Section 77. Section 63F-1-205 is amended to read:
3944 63F-1-205. Approval of acquisitions of information technology.
3945 (1) (a) Except as provided in Title 63M, Chapter 1, Part 26, Government Procurement
3946 Private Proposal Program, in accordance with Subsection (2), the chief information officer
3947 shall approve the acquisition by an executive branch agency of:
3948 (i) information technology equipment;
3949 (ii) telecommunications equipment;
3950 (iii) software;
3951 (iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
3952 (v) data acquisition.
3953 (b) The chief information officer may negotiate the purchase, lease, or rental of private
3954 or public information technology or telecommunication services or facilities in accordance with
3955 this section.
3956 (c) Where practical, efficient, and economically beneficial, the chief information
3957 officer shall use existing private and public information technology or telecommunication
3958 resources.
3959 (d) Notwithstanding another provision of this section, an acquisition authorized by this
3960 section shall comply with rules made by the [
3961 rulemaking authority under Title 63G, Chapter [
3962 (2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
3963 that exceeds the value established by the chief information officer by rule in accordance with
3964 Section 63F-1-206 , the chief information officer shall:
3965 (a) conduct an analysis of the needs of executive branch agencies and subscribers of
3966 services and the ability of the proposed information technology or telecommunications services
3967 or supplies to meet those needs; and
3968 (b) for purchases, leases, or rentals not covered by an existing statewide contract,
3969 provide in writing to the chief procurement officer in the Division of Purchasing and General
3970 Services that:
3971 (i) the analysis required in Subsection (2)(a) was completed; and
3972 (ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
3973 services, products, or supplies is practical, efficient, and economically beneficial to the state
3974 and the executive branch agency or subscriber of services.
3975 (3) In approving an acquisition described in Subsections (1) and (2), the chief
3976 information officer shall:
3977 (a) establish by administrative rule, in accordance with Section 63F-1-206 , standards
3978 under which an agency must obtain approval from the chief information officer before
3979 acquiring the items listed in Subsections (1) and (2);
3980 (b) for those acquisitions requiring approval, determine whether the acquisition is in
3981 compliance with:
3982 (i) the executive branch strategic plan;
3983 (ii) the applicable agency information technology plan;
3984 (iii) the budget for the executive branch agency or department as adopted by the
3985 Legislature; and
3986 (iv) Title 63G, Chapter [
3987 (c) in accordance with Section 63F-1-207 , require coordination of acquisitions between
3988 two or more executive branch agencies if it is in the best interests of the state.
3989 (4) (a) Each executive branch agency shall provide the chief information officer with
3990 complete access to all information technology records, documents, and reports:
3991 (i) at the request of the chief information officer; and
3992 (ii) related to the executive branch agency's acquisition of any item listed in Subsection
3993 (1).
3994 (b) Beginning July 1, 2006 and in accordance with administrative rules established by
3995 the department under Section 63F-1-206 , no new technology projects may be initiated by an
3996 executive branch agency or the department unless the technology project is described in a
3997 formal project plan and the business case analysis has been approved by the chief information
3998 officer and agency head. The project plan and business case analysis required by this
3999 Subsection (4) shall be in the form required by the chief information officer, and shall include:
4000 (i) a statement of work to be done and existing work to be modified or displaced;
4001 (ii) total cost of system development and conversion effort, including system analysis
4002 and programming costs, establishment of master files, testing, documentation, special
4003 equipment cost and all other costs, including overhead;
4004 (iii) savings or added operating costs that will result after conversion;
4005 (iv) other advantages or reasons that justify the work;
4006 (v) source of funding of the work, including ongoing costs;
4007 (vi) consistency with budget submissions and planning components of budgets; and
4008 (vii) whether the work is within the scope of projects or initiatives envisioned when the
4009 current fiscal year budget was approved.
4010 (5) (a) The chief information officer and the Division of Purchasing and General
4011 Services shall work cooperatively to establish procedures under which the chief information
4012 officer shall monitor and approve acquisitions as provided in this section.
4013 (b) The procedures established under this section shall include at least the written
4014 certification required by Subsection [
4015 Section 78. Section 63G-6a-101 , which is renumbered from Section 63G-6-101 is
4016 renumbered and amended to read:
4017
4018
4019 [
4020 (1) This chapter is known as the "Utah Procurement Code."
4021 (2) This part is known as "General Procurement Provisions."
4022 Section 79. Section 63G-6a-102 , which is renumbered from Section 63G-6-102 is
4023 renumbered and amended to read:
4024 [
4025 The underlying purposes and policies of this chapter are:
4026 (1) to simplify, clarify, and modernize the law governing procurement by this state;
4027 (2) to ensure the fair and equitable treatment of all persons who deal with the
4028 procurement system of this state;
4029 (3) to provide increased economy in state procurement activities; and
4030 (4) to foster effective broad-based competition within the free enterprise system.
4031 Section 80. Section 63G-6a-103 , which is renumbered from Section 63G-6-103 is
4032 renumbered and amended to read:
4033 [
4034 As used in this chapter:
4035 (1) "Appeals board" means:
4036 (a) the Procurement Appeals Board created under Subsection 63G-6a-1702 (1); or
4037 (b) a board created under Subsection 63G-6a-1702 (5).
4038 (2) "Applicable rulemaking authority" means:
4039 (a) as it relates to the state legislative branch, the Legislative Management Committee,
4040 except to the extent that the Legislature passes a rule that supercedes or conflicts with a rule
4041 made by the Legislative Management Committee;
4042 (b) as it relates to the state judicial branch, the Judicial Council;
4043 (c) as it relates to a local public procurement unit, other than a local public
4044 procurement unit described in Subsections (2)(d) through (g), the board; or
4045 (d) as it relates to a municipality or county that adopts this chapter, the legislative body
4046 of the municipality or county, not as a delegation of authority from the Legislature, but under
4047 the municipality's or county's own legislative authority;
4048 (e) as it relates to a school district or a public school, the Procurement Policy Board,
4049 except to the extent that a school district makes its own non-administrative rules, with respect
4050 to a particular subject, that do not conflict with the provisions of this chapter;
4051 (f) as it relates to a state institution of higher education, the State Board of Regents;
4052 (g) as it relates to a public transit district organized under Title 17B, Chapter 2a, Part 8,
4053 Public Transit District Act, the governing board of the public transit district;
4054 (h) as it relates to the following entities, but only to the extent that the rules relate to
4055 procurement authority expressly granted to the entity by statute:
4056 (i) the State Building Board, created in Section 63A-5-101 ;
4057 (ii) the Division of Facilities Construction and Management created in Section
4058 63A-5-201 ;
4059 (iii) the attorney general's office; or
4060 (iv) the Department of Transportation, created in Section 72-1-201 ;
4061 (i) as it relates to the state executive branch and all public procurement units other than
4062 those described in Subsections (2)(a) through (g), the board; or
4063 (j) as it relates to an entity described in Subsection (2)(h), except to the extent that the
4064 rules relate to procurement authority expressly granted to the entity by statute, the board.
4065 [
4066 (a) professional services within the scope of the practice of architecture as defined in
4067 Section 58-3a-102 [
4068 (b) professional engineering as defined in Section 58-22-102 .
4069 [
4070
4071 (4) "Bidder" means a person who responds to an invitation for bids.
4072 (5) "Board" means the Utah State Procurement Policy Board, created in Section
4073 63G-6a-202 .
4074 (6) "Building Board" means the State Building Board created in Section 63A-5-101 .
4075 [
4076 (a) a written order signed by the procurement officer[
4077 contractor to suspend work or make changes, [
4078
4079 contractor; or [
4080 (b) a written alteration in specifications, delivery point, rate of delivery, period of
4081 performance, price, quantity, or other provisions of [
4082
4083 (8) "Chief procurement officer" means the chief procurement officer appointed under
4084 Subsection 63G-6a-302 (1).
4085 [
4086
4087 or public work.
4088 (b) "Construction" does not [
4089 routine maintenance of an existing [
4090 [
4091 enters into a contract for the management of a construction project when [
4092 allows the contractor to subcontract for additional labor and materials that [
4093 included in the contractor's cost proposal submitted at the time of the procurement of the
4094 [
4095 (b) "Construction manager/general contractor" does not [
4096 whose only subcontract work not included in the contractor's cost proposal submitted as part of
4097 the procurement of [
4098 change orders approved within the scope of the project.
4099 [
4100 [
4101 (12) "Contractor" means a person who is awarded a contract with a public procurement
4102 unit.
4103 [
4104 more than one public procurement unit, or by a public procurement unit [
4105 procurement unit.
4106 [
4107 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
4108 the provisions of this chapter, and a fee, if any.
4109 (15) "Days" means calendar days, unless expressly provided otherwise.
4110 [
4111 construction by the use of a single contract with the design-build provider.
4112 [
4113
4114 (17) "Director" means the director of the division.
4115 (18) "Division" means the Division of Purchasing and General Services.
4116 [
4117 list, schedule, or other form that:
4118 (a) is regularly maintained by a manufacturer or contractor;
4119 (b) is either published or otherwise available for inspection by customers; and
4120 (c) states prices at which sales are currently or were last made to a significant number
4121 of any category of buyers or buyers constituting the general buying public for the supplies or
4122 services involved.
4123 [
4124
4125
4126 [
4127 other public or private source [
4128 other assistance to a person to support a program authorized by law. [
4129 (b) "Grant" does not include:
4130 (i) an award whose primary purpose is to procure an end product[
4131
4132
4133 (ii) a contract that is awarded as a result of a procurement or a procurement process.
4134 [
4135
4136 [
4137
4138
4139
4140
4141
4142
4143
4144 [
4145
4146
4147 [
4148
4149 (21) "Head of a public procurement unit" means:
4150 (a) as it relates to the state legislative branch, any person designated by legislative rule;
4151 (b) as it relates to the state executive branch:
4152 (i) the director of a division; or
4153 (ii) any other person designated by the board, by rule;
4154 (c) as it relates to the state judicial branch:
4155 (i) the Judicial Council; or
4156 (ii) any other person designated by the Judicial Council, by rule;
4157 (d) as it relates to a local public procurement unit, other than a local public
4158 procurement unit described in Subsections (21)(e) through (h):
4159 (i) the appointed or elected head of the local public procurement unit; or
4160 (ii) any other person designated by the board, by rule;
4161 (e) as it relates to a local public procurement unit that is a municipality or a county:
4162 (i) the legislative body of the municipality or county; or
4163 (ii) any other person designated by the municipality or county;
4164 (f) as it relates to a school district or any school or entity within a school district, the
4165 board of the school district, or the board's designee;
4166 (g) as it relates to a charter school, the individual or body with executive authority over
4167 the charter school, or the individual's or body's designee; or
4168 (h) as it relates to an institution of higher education of the state, the president of the
4169 institution of higher education, or the president's designee.
4170 (22) "Head of an authorized purchasing entity" means:
4171 (a) as it relates to the division, the chief procurement officer;
4172 (b) to the extent that the entities have express statutory authority to engage in a
4173 procurement without the involvement of the division:
4174 (i) as it relates to the State Building Board, created in Section 63A-5-101 , the State
4175 Building Board;
4176 (ii) as it relates to the Division of Facilities Construction and Management created in
4177 Section 63A-5-201 , the director of the Division of Facilities Construction and Management;
4178 (iii) as it relates to the attorney general's office, the attorney general;
4179 (iv) as it relates to the Department of Transportation, created in Section 72-1-201 , the
4180 executive director of the Department of Transportation; or
4181 (v) as it relates to a district court, a person designated by the Judicial Council, by rule;
4182 (c) as it relates to an institution of higher education of the state, the president of the
4183 institution of higher education of the state;
4184 (d) as it relates to a school district, the board of the school district;
4185 (e) as it relates to a public school, including a local school board, the board of the
4186 school district;
4187 (f) as it relates to a charter school, a person designated by the charter school; or
4188 (g) as it relates to a non-executive state procurement unit, a person designated by the
4189 applicable rulemaking authority.
4190 (23) "Invitation for bids" includes all documents, including documents that are attached
4191 or incorporated by reference, used for soliciting bids to provide a procurement item to a public
4192 procurement unit.
4193 (24) "Multiple award contracts" means the award of a contract for an indefinite
4194 quantity of a procurement item to more than one bidder or offeror.
4195 (25) "Multiyear contract" means a contract that extends beyond a one-year period,
4196 including a contract that permits renewal of the contract, without competition, beyond the first
4197 year of the contract.
4198 (26) "Municipality" means a city or a town.
4199 (27) "Offeror" means a person who responds to a request for proposals.
4200 [
4201 preference under the requirements of this chapter.
4202 [
4203 leasing with an option to purchase, or otherwise acquiring [
4204
4205 (b) "Procure" or "procurement" includes all functions that pertain to the obtaining of
4206 [
4207 (i) the description of requirements[
4208 (ii) the selection[
4209 (iii) solicitation of sources[
4210 (iv) the preparation[
4211 (v) the award of a contract[
4212 (vi) all phases of contract administration.
4213 [
4214
4215
4216 [
4217
4218 [
4219
4220
4221 [
4222
4223
4224 [
4225
4226 [
4227
4228
4229 [
4230
4231 (30) "Procurement item" means a supply, a service, construction, or technology.
4232 (31) "Procurement officer" means:
4233 (a) as it relates to the state legislative branch, the head of a public procurement unit in
4234 the legislative branch;
4235 (b) as it relates to the state judicial branch, the head of a public procurement unit in the
4236 state judicial branch;
4237 (c) as it relates to the state executive branch, the chief procurement officer;
4238 (d) as it relates to a local public procurement unit other than a local public procurement
4239 unit described in Subsection (31)(e) or (f), the chief procurement officer;
4240 (e) as it relates to a municipality or county that adopts this chapter, the legislative body
4241 of the municipality or county; or
4242 (f) as it relates to a state purchasing unit, the head of the state purchasing unit, or a
4243 designee of the head of the state purchasing unit.
4244 (32) "Professional service" means a service that requires a high degree of specialized
4245 knowledge and discretion in the performance of the service, including:
4246 (a) legal services;
4247 (b) consultation services;
4248 (c) architectural services;
4249 (d) engineering;
4250 (e) design;
4251 (f) underwriting;
4252 (g) bond counsel;
4253 (h) financial advice; or
4254 (i) construction management.
4255 (33) "Request for information" means a nonbinding process where a public
4256 procurement unit requests information relating to a procurement item.
4257 (34) "Request for proposals" includes all documents, including documents that are
4258 attached or incorporated by reference, used for soliciting proposals to provide a procurement
4259 item to a public procurement unit.
4260 (35) "Responsible" means that a bidder or offeror:
4261 (i) is capable, in all respects, to fully perform the contract requirements solicited in an
4262 invitation for bids or a request for proposals; and
4263 (ii) has the integrity and reliability to ensure good faith performance.
4264 (36) "Responsive" means that a bidder or offeror submits a response to an invitation for
4265 bids or a request for proposals that conforms in all material respects to the invitation for bids or
4266 request for proposals.
4267 [
4268 electronically sealed and submitted bids or proposals [
4269
4270 [
4271 not involving the delivery of a specific end product other than [
4272 report that is incidental to the required performance. [
4273 (b) "Services" does not include an employment [
4274 bargaining [
4275 [
4276 characteristics, or [
4277
4278 otherwise specified or agreed to by a public procurement unit, including a description of [
4279 (a) a requirement for inspecting[
4280 (b) preparing a [
4281 delivery.
4282 [
4283
4284
4285 [
4286
4287 (40) "Standard procurement process" means one of the following methods of obtaining
4288 a procurement item:
4289 (a) bidding, as described in Part 6, Bidding;
4290 (b) request for proposals, as described in Part 7, Request for Proposals; or
4291 (c) small purchases, in accordance with the requirements established under Section
4292 63G-6a-408 .
4293 (41) (a) "Subcontractor" means a person under contract with a contractor or another
4294 subcontractor to provide services or labor for design or construction.
4295 (b) "Subcontractor" includes a trade contractor or specialty contractor.
4296 (c) "Subcontractor" does not include a supplier who provides only materials,
4297 equipment, or supplies to a contractor or subcontractor.
4298 [
4299 [
4300
4301 (43) "Tie bid" means that the lowest responsive and responsible bids are identical in
4302 price.
4303 Section 81. Section 63G-6a-104 is enacted to read:
4304 63G-6a-104. Definitions of government entities.
4305 As used in this chapter:
4306 (1) "Authorized purchasing entity" means:
4307 (a) a non-executive state procurement unit; or
4308 (b) a state purchasing unit.
4309 (2) "External procurement unit" means:
4310 (a) a buying organization not located in this state which, if located in this state, would
4311 qualify as a public procurement unit; or
4312 (b) an agency of the United States.
4313 (3) "Local government unit" means:
4314 (a) a county;
4315 (b) a municipality;
4316 (c) a political subdivision created by counties or municipalities under Title 11, Chapter
4317 13, Interlocal Cooperation Act; or
4318 (d) the Utah Housing Corporation.
4319 (4) "Local public procurement unit" means:
4320 (a) a local district, as defined in Section 17B-1-102 ;
4321 (b) a special service district, as defined in Section 17D-1-102 ;
4322 (c) a local building authority, as defined in Section 17D-2-102 ;
4323 (d) a conservation district, as described in Title 17D, Chapter 3, Conservation District
4324 Act;
4325 (e) a public corporation, other than the Utah Housing Corporation;
4326 (f) a community development and renewal agency;
4327 (g) a school district;
4328 (h) a public school, including a local school board or a charter school;
4329 (i) Utah Schools for the Deaf and Blind;
4330 (j) the Utah Education Network;
4331 (k) an institution of higher education of the state;
4332 (l) a county or municipality, and each office or agency of the county or municipality,
4333 unless the county or municipality adopts its own procurement code by ordinance;
4334 (m) a county or municipality, and each office or agency of the county or municipality,
4335 that has adopted this entire chapter by ordinance;
4336 (n) a county or municipality, and each office or agency of the county or municipality,
4337 that has adopted a portion of this chapter by ordinance, to the extent that the term is used in the
4338 adopted portion of this chapter; or
4339 (o) two or more of the entities described in this Subsection (4), acting under legislation
4340 that authorizes intergovernmental cooperation.
4341 (5) "Non-executive state procurement unit" means:
4342 (a) the state legislative branch;
4343 (b) a public procurement unit in the state legislative branch;
4344 (c) the state judicial branch;
4345 (d) a public procurement unit in the state judicial branch; or
4346 (e) a public transit district, organized under Title 17B, Chapter 2a, Part 8, Public
4347 Transit District Act.
4348 (6) "Public entity" means any state or local government entity, located in Utah,
4349 including:
4350 (a) the state legislative branch, including the Legislature and each house, staff office,
4351 committee, subcommittee, or other part of the state legislative branch;
4352 (b) the state executive branch, including the governor's office and each department,
4353 division, agency, office, and bureau in the state executive branch;
4354 (c) the state judicial branch, including the Utah Supreme Court, the Utah Court of
4355 Appeals, the Judicial Council, and each court, office, and other part of the state judicial branch;
4356 (d) a municipality or county, regardless of whether the municipality or county has
4357 adopted this chapter or any part of this chapter;
4358 (e) a public procurement unit; and
4359 (f) any other entity that expends public funds.
4360 (7) "Public procurement unit" means:
4361 (a) the Senate;
4362 (b) the House of Representatives;
4363 (c) a staff office of the state legislative branch;
4364 (d) a state executive branch department, division, office, bureau, or agency;
4365 (e) the Utah State Supreme Court;
4366 (f) the Judicial Council;
4367 (g) a state judicial district; or
4368 (h) a local public procurement unit.
4369 (8) "State purchasing unit" means:
4370 (a) the division;
4371 (b) the following entities, to the extent that the entities have express statutory authority
4372 to engage in a procurement without the involvement of the division:
4373 (i) the State Building Board, created in Section 63A-5-101 ;
4374 (ii) the Division of Facilities Construction and Management, created in Section
4375 63A-5-201 ;
4376 (iii) the attorney general's office;
4377 (iv) the Department of Transportation, created in Section 72-1-201 ; or
4378 (v) a district court;
4379 (c) an institution of higher education of the state;
4380 (d) a school district; or
4381 (e) a public school, including a local school board or a charter school.
4382 Section 82. Section 63G-6a-105 , which is renumbered from Section 63G-6-104 is
4383 renumbered and amended to read:
4384 [
4385 [
4386
4387
4388 (1) The provisions of this chapter that are enacted on July 1, 2012, apply only to a
4389 procurement advertised, or begun on or after July 1, 2012, unless the parties agree to have the
4390 provisions apply with respect to a procurement that was advertised or begun before July 1,
4391 2012, but is not completed before July 1, 2012.
4392 (2) Except as provided in Section [
4393 every expenditure of public funds irrespective of [
4394 including federal assistance, by any [
4395 [
4396
4397
4398
4399
4400
4401 [
4402
4403 [
4404
4405
4406
4407
4408
4409 [
4410 (3) Except as provided in Subsection 17B-1-108 (3) relating to local districts, each local
4411 public procurement unit shall adopt ordinances relating to the procurement of
4412 architect-engineer services not inconsistent with the provisions of Part [
4413 Architect-Engineer Services.
4414 [
4415 adopted by any local [
4416 [
4417
4418 (5) Rules adopted under this chapter shall be consistent with the provisions of this
4419 chapter.
4420 (6) A state purchasing unit or a public procurement unit may not adopt rules, policies,
4421 or regulations that are inconsistent with this chapter.
4422 [
4423 procurement of real property.
4424 Section 83. Section 63G-6a-106 , which is renumbered from Section 63G-6-207 is
4425 renumbered and amended to read:
4426 [
4427 authority of chief procurement officer and division.
4428 (1) The [
4429
4430 following provisions shall be retained, and shall be applied only to the extent described in those
4431 provisions:
4432 (a) Title 53B, State System of Higher Education;
4433 (b) Title 63A, Chapter 5, State Building Board - Division of Facilities Construction
4434 and Management;
4435 (c) Title 67, Chapter 5, Attorney General;
4436 (d) Title 72, Transportation Code; and
4437 (e) Title 78A, Chapter 5, District Courts.
4438 (2) [
4439
4440
4441
4442 procurement in accordance with this chapter.
4443 (3) (a) The Department of Transportation may make rules governing the procurement
4444 of highway construction or improvement.
4445 (b) This Subsection (3) supersedes Subsections (1) and (2).
4446 [
4447 (4) Except to the extent otherwise agreed to in a memorandum of understanding
4448 between the division and the following entities, the authority of the chief procurement officer
4449 and of the division does not extend to:
4450 (a) a non-executive state procurement unit;
4451 (b) a local government unit; or
4452 (c) a state purchasing unit, other than the division.
4453 (5) An entity described in Subsection (4) or a state purchasing unit, other than the
4454 division, may, without supervision, interference, or involvement by the chief procurement
4455 officer or the division, but consistent with the requirements of this chapter:
4456 (a) engage in a procurement process;
4457 (b) procure an item under an exception, as provided in this chapter, to the requirement
4458 to use a procurement process; or
4459 (c) otherwise engage in an act authorized or required by this chapter.
4460 (6) The attorney general may, in accordance with the provisions of this chapter, but
4461 without involvement by the division or the chief procurement officer:
4462 (a) retain outside counsel; or
4463 (b) procure litigation support services, including retaining an expert witness.
4464 (7) A public procurement unit, or a state purchasing unit, that is not represented by the
4465 attorney general's office may, in accordance with the provisions of this chapter, but without
4466 involvement by the division or the chief procurement officer:
4467 (a) retain outside counsel; or
4468 (b) procure litigation support services, including retaining an expert witness.
4469 (8) The state auditor's office may, in accordance with the provisions of this chapter, but
4470 without involvement by the division or the chief procurement officer, procure audit services.
4471 Section 84. Section 63G-6a-109 , which is renumbered from Section 63G-6-105 is
4472 renumbered and amended to read:
4473 [
4474 federal law.
4475 (1) [
4476 provisions of this chapter are not applicable to:
4477 (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
4478 Act[
4479 [
4480 (b) grants awarded by the state or contracts between the state and a local public
4481 procurement [
4482 (c) any action taken by a majority of both houses of the Legislature.
4483 [
4484 unit from complying with the terms and conditions of any grant, gift, or bequest that is
4485 otherwise consistent with law.
4486 [
4487 procurement involves the expenditure of federal assistance [
4488 federal financial participation funds, the [
4489
4490 applicable federal law and regulations not reflected in this chapter.
4491 [
4492 withholding of construction proceeds and release of construction proceeds as provided in
4493 Section 13-8-5 .
4494 Section 85. Section 63G-6a-110 is enacted to read:
4495 63G-6a-110. Procurements under direction and control of division -- Exception.
4496 (1) Except as provided in Subsection (2), a public procurement unit may not engage in
4497 a procurement unless:
4498 (a) the procurement is made under the direction and control of the division; or
4499 (b) the division, pursuant to rules made by the board, permits the public procurement
4500 unit to make the procurement on its own.
4501 (2) Subsection (1) does not apply to a public procurement unit that is:
4502 (a) a non-executive state procurement unit;
4503 (b) a local government unit; or
4504 (c) a state purchasing unit, other than the division.
4505 Section 86. Section 63G-6a-201 is enacted to read:
4506
4507 63G-6a-201. Title.
4508 This part is known as "Procurement Policy Board."
4509 Section 87. Section 63G-6a-202 , which is renumbered from Section 63G-6-201 is
4510 renumbered and amended to read:
4511 [
4512 (1) [
4513 Procurement Policy Board.
4514 [
4515 follows:
4516 [
4517 of regents;
4518 [
4519 executive director of that department;
4520 [
4521 director of that department;
4522 [
4523 for school districts;
4524 [
4525 appointed by the director of that division;
4526 [
4527 [
4528 [
4529 Utah Association of Special Districts;
4530 [
4531 executive director's designee; and
4532 [
4533 [
4534 and have supervisory responsibility for, procurement in their official positions.
4535 [
4536 description in Subsection [
4537 with the authority to appoint the board member.
4538 [
4539 (i) adopt rules of procedure for conducting its business; and
4540 (ii) elect a chair to serve for one year.
4541 (b) The chair of the board shall be selected by a majority of the members of the board
4542 and may be elected to succeeding terms.
4543 (c) The chief procurement officer shall designate an employee of the [
4544
4545 board.
4546 [
4547 member's service, but may receive per diem and travel expenses in accordance with:
4548 (a) Section 63A-3-106 ;
4549 (b) Section 63A-3-107 ; and
4550 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4551 63A-3-107 .
4552 Section 88. Section 63G-6a-203 , which is renumbered from Section 63G-6-202 is
4553 renumbered and amended to read:
4554 [
4555 [
4556
4557 [
4558
4559
4560 [
4561 other provisions of this chapter, the board shall consider and decide matters of policy within
4562 the provisions of this chapter, including those referred to it by the chief procurement officer.
4563 (2) (a) The [
4564 (i) audit and monitor the implementation of its rules and the requirements of this
4565 chapter;
4566 (ii) upon the request of a local public procurement unit, review that local public
4567 procurement unit's proposed rules to ensure that they are not inconsistent with the provisions of
4568 this chapter or rules made by the board; and
4569 (iii) approve the use of innovative procurement [
4570 public procurement units.
4571 (b) The [
4572 (i) any particular [
4573 (ii) [
4574 (3) The board does not have authority over a matter involving:
4575 (a) a non-executive state procurement unit; or
4576 (b) a local government unit.
4577 Section 89. Section 63G-6a-204 , which is renumbered from Section 63G-6-208 is
4578 renumbered and amended to read:
4579 [
4580 State Procurement Policy Board and State Building Board -- Report to interim
4581 committee.
4582 [
4583
4584
4585 [
4586
4587
4588 [
4589
4590
4591 (1) Except as provided in Subsection (2), rules made by the board under this chapter
4592 shall govern all public procurement units for which the board is the applicable rulemaking
4593 authority.
4594 (2) The [
4595 construction, architect-engineer services, and leases apply to the procurement of construction,
4596 architect-engineer services, and leases of real property by the Division of Facilities
4597 Construction and Management.
4598 (3) The Legislature may enact its own rules, consistent with this chapter, governing
4599 procurement by the legislative branch.
4600 (4) The Judicial Council may enact its own rules, consistent with this chapter,
4601 governing procurement by the judicial branch.
4602 [
4603
4604 Committee created under Section 36-12-6 , on the establishment, implementation, and
4605 enforcement of the rules made under [
4606 Section 90. Section 63G-6a-205 , which is renumbered from Section 63G-6-209 is
4607 renumbered and amended to read:
4608 [
4609 [
4610
4611
4612
4613
4614
4615
4616 [
4617 advice regarding any matters within the authority of the chief procurement officer.
4618 [
4619
4620
4621 Section 91. Section 63G-6a-301 is enacted to read:
4622
4623 63G-6a-301. Title.
4624 This part is known as "Chief Procurement Officer."
4625 Section 92. Section 63G-6a-302 , which is renumbered from Section 63G-6-203 is
4626 renumbered and amended to read:
4627 [
4628 Qualifications -- Authority.
4629 (1) The executive director of the Department of Administrative Services, with the
4630 consent of the governor, shall appoint the chief procurement officer after considering
4631 recommendations from the [
4632 (2) The chief procurement officer shall:
4633 (a) have a minimum of eight years' experience in the large-scale procurement of
4634 supplies and services or services and construction, at least five years of which shall have been
4635 in public or comparable private procurement within 12 years preceding the date of
4636 appointment; and
4637 (b) be a person with demonstrated executive and organizational ability.
4638 (3) The chief procurement officer appointed under Subsection (1) is also the director of
4639 the Division of Purchasing and General Services.
4640 (4) Except as otherwise expressly provided in this chapter, the chief procurement
4641 officer has authority over procurements by a public procurement unit, other than:
4642 (a) a non-executive procurement unit;
4643 (b) a local government unit; or
4644 (c) a state purchasing unit, other than the division.
4645 Section 93. Section 63G-6a-303 , which is renumbered from Section 63G-6-204 is
4646 renumbered and amended to read:
4647 [
4648 Except as otherwise specifically provided in this chapter, the chief procurement officer
4649 serves as the central procurement officer of the state and shall:
4650 (1) adopt office policies governing the internal functions of the [
4651
4652 (2) procure or supervise [
4653
4654 [
4655
4656 [
4657 [
4658 officer has authority;
4659 [
4660
4661 unit;
4662 [
4663
4664
4665
4666
4667 [
4668 [
4669
4670
4671
4672 [
4673
4674 [
4675 [
4676 [
4677 [
4678
4679 [
4680
4681
4682 [
4683
4684 [
4685
4686
4687 [
4688 (a) before approving a [
4689 existing statewide contract for information technology or telecommunications supplies or
4690 services, the chief information officer and the agency have [
4691 division[
4692 [
4693 Part 26, Government Procurement Private Proposal Program; and
4694 (b) the oversight authority required by Subsection [
4695 the [
4696 (6) provide training to public procurement units and to persons who do business with
4697 public procurement units.
4698 Section 94. Section 63G-6a-304 , which is renumbered from Section 63G-6-205 is
4699 renumbered and amended to read:
4700 [
4701 [
4702 (1) In accordance with rules made by the board, the chief procurement officer may
4703 delegate authority to designees or to any department, agency, or official.
4704 (2) For a procurement [
4705 Procurement Private Proposal Program, any delegation by the chief procurement officer under
4706 this section shall be made to the Governor's Office of Economic Development.
4707 Section 95. Section 63G-6a-305 , which is renumbered from Section 63G-6-302 is
4708 renumbered and amended to read:
4709 [
4710 maintaining specifications.
4711 (1) The chief procurement officer [
4712 monitor the use of specifications for [
4713
4714 (2) The chief procurement officer shall obtain expert advice and assistance from
4715 personnel of [
4716 and may delegate in writing to a [
4717 prepare and utilize its own specifications.
4718 (3) For a procurement [
4719 Procurement Private Proposal Program, any delegation by the chief procurement officer under
4720 this section shall be made to the Governor's Office of Economic Development.
4721 Section 96. Section 63G-6a-401 is enacted to read:
4722
4723 63G-6a-401. Title.
4724 This part is known as "General Procurement Provisions."
4725 Section 97. Section 63G-6a-402 is enacted to read:
4726 63G-6a-402. Public procurement unit required to comply with Utah Procurement
4727 Code and applicable rules -- Rulemaking authority -- Reporting.
4728 (1) Except as otherwise provided in Section 63G-6a-109 , Section 63G-6a-403 , Part 8,
4729 Exceptions to Procurement Requirements, or elsewhere in this chapter, a public procurement
4730 unit may not obtain a procurement item, unless:
4731 (a) if the public procurement unit is an authorized purchasing entity, the public
4732 procurement unit:
4733 (i) uses a procurement process; and
4734 (ii) complies with:
4735 (A) the requirements of this chapter; and
4736 (B) the rules made pursuant to this chapter by the applicable rulemaking authority;
4737 (b) if the public procurement unit is a local government unit, the public procurement
4738 unit complies with:
4739 (i) the requirements of this chapter that are adopted by the local government unit; and
4740 (ii) all other procurement requirements that the local government unit is required to
4741 comply with; or
4742 (c) if the public procurement unit is not a public procurement unit described in
4743 Subsections (1)(a) or (b), the public procurement unit:
4744 (i) obtains the procurement item under the direction and approval of the division,
4745 unless otherwise provided by a rule made by the board;
4746 (ii) uses a procurement process; and
4747 (iii) complies with:
4748 (A) the requirements of this chapter; and
4749 (B) the rules made pursuant to this chapter by the applicable rulemaking authority.
4750 (2) Subject to Subsection (3), the applicable rulemaking authority shall make rules
4751 relating to the management and control of procurements and procurement procedures by a
4752 public procurement unit.
4753 (3) (a) Rules made under Subsection (2) shall ensure compliance with the federal
4754 contract prohibition provisions of the Sudan Accountability and Divestment Act of 2007 (Pub.
4755 L. No. 110-174) that prohibit contracting with a person doing business in Sudan.
4756 (b) The State Building Board rules governing procurement of construction,
4757 architect-engineer services, and leases apply to the procurement of construction,
4758 architect-engineer services, and leases of real property by the Division of Facilities
4759 Construction and Management.
4760 (4) An applicable rulemaking authority that is subject to Title 63G, Chapter 3, Utah
4761 Administrative Rulemaking Act, shall make the rules described in this chapter in accordance
4762 with the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4763 (5) The State Building Board shall make a report on or before July 1 of each year to a
4764 legislative interim committee, designated by the Legislative Management Committee created
4765 under Section 36-12-6 , on the establishment, implementation, and enforcement of the rules
4766 made by the State Building Board under this chapter.
4767 Section 98. Section 63G-6a-403 is enacted to read:
4768 63G-6a-403. Prequalification of potential bidders or offerers.
4769 (1) A public procurement unit may, in accordance with this section:
4770 (a) prequalify potential bidders or offerors to provide any type of procurement item
4771 specified by the public procurement unit; and
4772 (b) limit participation in an invitation for bids or a request for proposals to the
4773 prequalified potential bidders or offerors for the specified type of procurement item.
4774 (2) To prequalify potential bidders or offerors to provide a specified type of
4775 procurement item, a public procurement unit shall issue a request for qualifications.
4776 (3) A public procurement unit that issues a request for qualifications shall:
4777 (a) publish the request for qualifications in accordance with the requirements of
4778 Section 63G-6a-402 ;
4779 (b) state in the request for qualifications:
4780 (i) the type of procurement item to which the request for qualifications relates;
4781 (ii) the scope of work to be performed;
4782 (iii) the instructions and the deadline for providing information in response to the
4783 request for qualifications;
4784 (iv) the minimum criteria for prequalification;
4785 (v) the period of time during which the list of prequalified potential bidders or offerors
4786 will remain in effect, which may not be longer than 18 months after the list of prequalified
4787 potential bidders or offerors is made available to the public under Subsection (8)(b); and
4788 (vi) that a public procurement unit may limit participation in an invitation for bids or a
4789 request for proposals, during the time period described in Subsection (3)(b)(v), to the potential
4790 bidders or offerors that are prequalified to provide the specified type of procurement item.
4791 (4) The minimum criteria described in Subsection (3)(b)(iv):
4792 (a) shall include the prequalification requirements unique to the procurement;
4793 (b) may include performance rating criteria; and
4794 (c) may not be so restrictive that the criteria unreasonably limit competition.
4795 (5) A public procurement unit may, before making a final list of prequalified bidders or
4796 offerors, request additional information to clarify responses made to the request for
4797 prequalifications.
4798 (6) A potential bidder or offeror shall be included on the list of prequalified potential
4799 bidders or offerors if the bidder or offeror:
4800 (a) submits a timely, responsive response to the request for prequalifications; and
4801 (b) meets the minimum criteria for qualification described in Subsection (3)(b)(iv).
4802 (7) If a request for qualifications will result in only one potential bidder or offeror
4803 being placed on the list of prequalified potential bidders or offerors:
4804 (a) the public procurement unit shall cancel the request for qualifications; and
4805 (b) the list may not be used by the public procurement unit.
4806 (8) The public procurement unit shall:
4807 (a) before making the list of prequalified potential bidders or offerors available to the
4808 public, provide each potential bidder or offeror who provided information in response to the
4809 request, but who did not meet the minimum qualifications for placement on the list, a written
4810 justification statement describing why the potential bidder or offeror did not meet the criteria
4811 for inclusion on the list; and
4812 (b) within 30 days after the day of the deadline described in Subsection (3)(b)(iii),
4813 make the list of prequalified potential bidders or offerors available to the public.
4814 Section 99. Section 63G-6a-404 is enacted to read:
4815 63G-6a-404. Approved contractor list.
4816 (1) An authorized purchasing entity may compile a list of approved contractors from
4817 which procurement items may be obtained.
4818 (2) An approved contractor list may only be compiled from:
4819 (a) timely, responsive bids or responses received in response to:
4820 (i) an invitation for bids; or
4821 (ii) a request for proposals; or
4822 (b) timely, responsive responses to:
4823 (i) the prequalification process described in Section 63G-6a-403 ; or
4824 (ii) the process described in Part 15, Architect-Engineer Services.
4825 (3) In order to ensure equal treatment of all contractors on a contractor list, an
4826 authorized purchasing entity shall use one of the following methods in an unbiased manner:
4827 (a) a rotation system, organized alphabetically, numerically, or randomly;
4828 (b) assigning contractors to a specified geographical area; or
4829 (c) classifying each contractor based on each contractor's particular expertise or field.
4830 Section 100. Section 63G-6a-405 is enacted to read:
4831 63G-6a-405. Multiple award contracts.
4832 (1) An authorized purchasing entity may enter into multiple award contracts with
4833 bidders or offerors.
4834 (2) Multiple award contracts may be in an authorized purchasing entity's best interest if
4835 award to two or more bidders or offerors for similar procurement items is needed or desired for
4836 adequate delivery, service, availability, or product compatibility.
4837 (3) An authorized purchasing entity shall:
4838 (a) exercise care to protect and promote competition among bidders or offerors when
4839 seeking to enter into multiple award contracts;
4840 (b) name all eligible users of the multiple award contracts in the invitation for bids or
4841 request for proposals; and
4842 (c) if the authorized purchasing entity anticipates entering into multiple award
4843 contracts before issuing the invitation for bids or request for proposals, state in the invitation
4844 for bids or request for proposals that the authorized purchasing entity may enter into multiple
4845 award contracts at the end of the procurement process.
4846 (4) An authorized purchasing entity that enters into multiple award contracts shall:
4847 (a) obtain all of its normal, recurring requirements for the procurement items that are
4848 the subject of the contracts until the contracts terminate; and
4849 (b) reserve the right to obtain the procurement items described in Subsection (4)(a)
4850 separately from the contracts if:
4851 (i) there is a need to obtain a quantity of the procurement items that exceeds the
4852 amount specified in the contracts; or
4853 (ii) the procurement officer makes a written finding that the procurement items
4854 available under the contract will not effectively or efficiently meet a nonrecurring special need
4855 of a public procurement unit.
4856 (5) Notwithstanding Subsection (3)(b), if an authorized purchasing entity enters into a
4857 multiple award contract under this section, another authorized purchasing entity that is not a
4858 signatory to the contract may, but is not required to, obtain a procurement item under the
4859 contract.
4860 (6) An applicable rulemaking authority may make rules to further regulate a
4861 procurement under this section.
4862 Section 101. Section 63G-6a-406 is enacted to read:
4863 63G-6a-406. Public notice of procurement process.
4864 (1) An authorized purchasing entity that issues an invitation for bids, a request for
4865 proposals, or another document required by this chapter to be published in accordance with this
4866 section, shall provide public notice that includes:
4867 (a) the name of the authorized purchasing entity and the public procurement unit
4868 acquiring the procurement item;
4869 (b) information on how to contact the authorized purchasing entity in relation to the
4870 invitation for bids, request for proposals, or other document;
4871 (c) for an invitation for bids or a request for proposals, the date of the opening and
4872 closing of the invitation for bids or request for proposals;
4873 (d) information on how to obtain a copy of the invitation for bids, request for
4874 proposals, or other document; and
4875 (e) a general description of the procurement items that will be obtained through the
4876 procurement process.
4877 (2) Except as provided in Subsection (3), the authorized purchasing entity shall publish
4878 the notice described in Subsection (1), using at least one of the following methods:
4879 (a) at least 10 days before the day of the deadline for submission of a bid or other
4880 response, publish the notice:
4881 (i) in a newspaper of general circulation in the state; or
4882 (ii) in a newspaper of local circulation in the area:
4883 (A) directly impacted by the procurement; or
4884 (B) over which the public procurement unit has jurisdiction; or
4885 (b) at least 10 consecutive days before the day of the deadline for submission of a bid
4886 or other response, publish the notice:
4887 (i) on the main website for the authorized purchasing entity or public procurement unit;
4888 or
4889 (ii) on a state website that is owned, managed by, or provided under contract with, the
4890 division for posting a public procurement notice.
4891 (3) An authorized purchasing entity may reduce the 10-day period described in
4892 Subsection (2), if the procurement officer or the procurement officer's designee signs a written
4893 statement that:
4894 (a) states that a shorter time is needed; and
4895 (b) as it relates to an invitation for bids or a request for proposals, determines that
4896 competition from multiple sources may be obtained within the shorter period of time.
4897 (4) An authorized purchasing entity shall make a copy of an invitation for bids, a
4898 request for proposals, or any other document described in Subsection (1), available for public
4899 inspection at the main office of the authorized purchasing entity or on the website described in
4900 Subsection (2)(b).
4901 Section 102. Section 63G-6a-407 , which is renumbered from Section 63G-6-303 is
4902 renumbered and amended to read:
4903 [
4904 (1) All specifications shall seek to promote the overall economy and best use for the
4905 purposes intended and encourage competition in satisfying the [
4906 procurement unit, and [
4907 (2) The requirements of this part regarding the purposes and nonrestrictiveness of
4908 specifications shall apply to all specifications, including[
4909 architects, engineers, designers, and draftsmen for public contracts.
4910 Section 103. Section 63G-6a-408 is enacted to read:
4911 63G-6a-408. Small purchases.
4912 (1) The applicable rulemaking authority may make rules governing small purchases,
4913 including:
4914 (a) establishing the maximum expenditure that may qualify as a small purchase, unless
4915 otherwise provided by statute;
4916 (b) establishing expenditure thresholds and procurement requirements related to those
4917 thresholds; and
4918 (c) the use of electronic, telephone, or written quotes.
4919 (2) (a) Except as provided in Subsection (2)(b), a public procurement unit may not
4920 obtain a procurement item through a small purchase procurement process if the procurement
4921 item may be obtained through a state contract.
4922 (b) Subsection (2)(a) does not apply:
4923 (i) to a non-executive state procurement unit;
4924 (ii) if the procurement officer or the head of the state purchasing unit authorizes an
4925 exception to the requirement;
4926 (iii) to an institution of higher education of the state; or
4927 (iv) to a school district or a public school.
4928 (c) An entity that is exempt from the requirements of Subsection (2)(a) is encouraged,
4929 but not required, to comply with Subsection (2)(a).
4930 (3) A public procurement unit:
4931 (a) may not use the small purchase procurement process described in this section for
4932 ongoing, continuous, and regularly scheduled procurements; and
4933 (b) shall make its ongoing, continuous, and regularly scheduled procurements through
4934 a contract awarded through a procurement process described in this chapter or an applicable
4935 exception to a procurement process.
4936 (4) It is unlawful for a person to intentionally or knowingly divide a procurement into
4937 one or more smaller procurements with the intent to make a procurement:
4938 (a) qualify as a small purchase, if, before dividing the procurement, it would not have
4939 qualified as a small purchase; or
4940 (b) meet a threshold established by rule made by the applicable rulemaking authority,
4941 if, before dividing the procurement, it would not have met the threshold.
4942 (5) A division of a procurement that is prohibited under Subsection (4) includes doing
4943 any of the following with the intent or knowledge described in Subsection (4):
4944 (a) making two or more separate purchases;
4945 (b) dividing an invoice or purchase order into two or more invoices or purchase orders;
4946 or
4947 (c) making smaller purchases over a period of time.
4948 (6) A person who violates Subsection (4) is subject to the criminal penalties described
4949 in Section 63G-6a-2305 .
4950 (7) The Division of Finance within the Department of Administrative Services may
4951 conduct an audit of a public procurement unit in the state executive branch to verify
4952 compliance with the requirements of this section.
4953 (8) A public procurement unit in the state executive branch may not make a small
4954 purchase after January 1, 2013, unless the chief procurement officer certifies that the person
4955 responsible for procurements in the public procurement unit has satisfactorily completed
4956 training on this section and the rules made under this section.
4957 Section 104. Section 63G-6a-501 is enacted to read:
4958
4959 63G-6a-501. Title.
4960 This part is known as "Request for Information."
4961 Section 105. Section 63G-6a-502 is enacted to read:
4962 63G-6a-502. Purpose of request for information.
4963 (1) The purpose of a request for information is to:
4964 (a) obtain information, comments, or suggestions from potential bidders or offerors
4965 before issuing an invitation for bids or request for proposals;
4966 (b) determine whether to issue an invitation for bids or a request for proposals; and
4967 (c) generate interest in a potential invitation for bids or a request for proposals.
4968 (2) A request for information may be useful in order to:
4969 (a) prepare to issue an invitation for bids or request for proposals for an unfamiliar or
4970 complex procurement;
4971 (b) determine the market availability of a procurement item; or
4972 (c) determine best practices, industry standards, performance standards, product
4973 specifications, and innovations relating to a procurement item.
4974 Section 106. Section 63G-6a-503 is enacted to read:
4975 63G-6a-503. Request for information and response nonbinding.
4976 (1) A request for information is not a procurement process and may not be used to
4977 make a purchase or enter into a contract. A public procurement unit is required to use a
4978 procurement process, or comply with an exception to the requirement to use a procurement
4979 process, in order to make a purchase or enter into a contract.
4980 (2) A response to a request for information is not an offer and may not be accepted to
4981 form a binding contract.
4982 Section 107. Section 63G-6a-504 is enacted to read:
4983 63G-6a-504. Contents of request for information -- Public notice.
4984 A request for information may seek a wide range of information, including:
4985 (1) availability of a procurement item;
4986 (2) delivery schedules;
4987 (3) industry standards and practices;
4988 (4) product specifications;
4989 (5) training;
4990 (6) new technologies;
4991 (7) capabilities of potential providers of a procurement item; and
4992 (8) alternate solutions.
4993 Section 108. Section 63G-6a-601 is enacted to read:
4994
4995 63G-6a-601. Title.
4996 This part is known as "Bidding."
4997 Section 109. Section 63G-6a-602 is enacted to read:
4998 63G-6a-602. Contracts awarded by bidding.
4999 (1) Except as otherwise provided in this chapter, an authorized purchasing entity shall
5000 award a contract for a procurement by bidding, in accordance with the rules of the applicable
5001 rulemaking authority.
5002 (2) The bidding procurement process is appropriate to use when cost is the major factor
5003 in determining the award of a procurement.
5004 Section 110. Section 63G-6a-603 is enacted to read:
5005 63G-6a-603. Invitation for bids -- Contents -- Notice.
5006 (1) The bidding procurement process begins when the authorized purchasing entity
5007 issues an invitation for bids.
5008 (2) An invitation for bids shall:
5009 (a) state the period of time during which bids will be accepted;
5010 (b) describe the manner in which a bid shall be submitted;
5011 (c) state the place where a bid shall be submitted; and
5012 (d) include, or incorporate by reference:
5013 (i) a description of the procurement items sought;
5014 (ii) the objective criteria that will be used to evaluate the bids; and
5015 (iii) the required contractual terms and conditions.
5016 (3) An authorized purchasing entity shall publish an invitation for bids in accordance
5017 with the requirements of Section 63G-6a-406 .
5018 Section 111. Section 63G-6a-604 is enacted to read:
5019 63G-6a-604. Bid opening and acceptance.
5020 (1) Bids shall be opened:
5021 (a) publicly, except as provided in Section 63G-6a-611 ;
5022 (b) in the presence of one or more witnesses, unless an electronic bid opening process
5023 is used where bidders may see the opening of the bid electronically; and
5024 (c) at the time and place indicated in the invitation for bids.
5025 (2) Bids shall be accepted unconditionally, without alteration or correction, except as
5026 otherwise authorized by this chapter.
5027 (3) (a) The procurement officer shall reject a bid that is not responsive or responsible.
5028 (b) A bid that is not responsive includes a bid that:
5029 (i) is conditional;
5030 (ii) attempts to modify the bid requirements;
5031 (iii) contains additional terms or conditions; or
5032 (iv) fails to conform with the requirements or specifications of the invitation for bids.
5033 (c) A bid that is not responsible includes a bid where the procurement officer
5034 reasonably concludes that the bidder or an employee, agent, or subcontractor of the bidder, at
5035 any tier, is unable to satisfactorily fulfill the bid requirements.
5036 (4) An authorized purchasing entity may not accept a bid after the time for submission
5037 of a bid has expired.
5038 (5) The procurement officer shall:
5039 (a) record the name of each bidder and the amount of each bid; and
5040 (b) after the bid is awarded, make the information described in Subsection (5)(a)
5041 available for public disclosure.
5042 Section 112. Section 63G-6a-605 is enacted to read:
5043 63G-6a-605. Correction or withdrawal of bids -- Cancellation of award.
5044 (1) Correction or withdrawal of inadvertently erroneous bids, or the cancellation of an
5045 award or a contract that is based on an unintentionally erroneous bid, may be made in
5046 accordance with the rules of the applicable rulemaking authority.
5047 (2) Notwithstanding Subsection (1), the following changes may not be made to a bid
5048 after the bid opening:
5049 (a) changes in bid pricing;
5050 (b) changes in the cost evaluation formula; or
5051 (c) changes in other provisions that are prejudicial to fair competition or to the interest
5052 of the public procurement unit.
5053 (3) A decision to permit the correction or withdrawal of a bid or the cancellation of an
5054 award or a contract under Subsection (1) shall be supported in a written document, signed by
5055 the procurement officer or the head of the authorized purchasing entity.
5056 Section 113. Section 63G-6a-606 is enacted to read:
5057 63G-6a-606. Evaluation of bids -- Award -- Cancellation -- Disqualification.
5058 (1) An authorized purchasing entity shall evaluate each bid using the objective criteria
5059 described in the invitation for bids, which may include:
5060 (a) experience;
5061 (b) performance ratings;
5062 (c) inspection;
5063 (d) testing;
5064 (e) quality;
5065 (f) workmanship;
5066 (g) time and manner of delivery;
5067 (h) references;
5068 (i) financial stability;
5069 (j) cost;
5070 (k) suitability for a particular purpose; or
5071 (l) other objective criteria specified in the invitation for bids.
5072 (2) Criteria not described in the invitation for bids may not be used to evaluate a bid.
5073 (3) The authorized purchasing entity shall:
5074 (a) award the contract as soon as practicable to:
5075 (i) the lowest responsive and responsible bidder who meets the objective criteria
5076 described in the invitation for bids; or
5077 (ii) if, in accordance with Subsection (4), the procurement officer or the head of the
5078 authorized purchasing entity disqualifies the bidder described in Subsection (3)(a)(i), the next
5079 lowest responsive and responsible bidder who meets the objective criteria described in the
5080 invitation for bids; or
5081 (b) cancel the invitation for bids without awarding a contract.
5082 (4) In accordance with Subsection (5), the procurement officer or the head of the
5083 authorized purchasing entity may disqualify a bidder for:
5084 (a) a violation of this chapter;
5085 (b) a violation of a requirement of the invitation for bids;
5086 (c) unlawful or unethical conduct; or
5087 (d) a change in circumstance that, had the change been known at the time the bid was
5088 submitted, would have caused the bidder to not be the lowest responsive and responsible bidder
5089 who meets the objective criteria described in the invitation for bids.
5090 (5) A procurement officer or head of an authorized purchasing entity who disqualifies a
5091 bidder under Subsection (4) shall:
5092 (a) make a written finding, stating the reasons for disqualification; and
5093 (b) provide a copy of the written finding to the disqualified bidder.
5094 (6) If an authorized purchasing entity cancels an invitation for bids without awarding a
5095 contract, the authorized purchasing entity shall make available for public inspection a written
5096 justification for the cancellation.
5097 Section 114. Section 63G-6a-607 is enacted to read:
5098 63G-6a-607. Action when all bids are over budget.
5099 (1) Except as provided in Subsection (2) or (3), if the fiscal officer for the public
5100 procurement unit certifies that all accepted bids exceed available funds and that the lowest
5101 responsive and responsible bidder does not exceed the available funds by more than 5%, the
5102 procurement officer may negotiate an adjustment of the bid price and bid requirements with the
5103 lowest responsive and responsible bidder in order to bring the bid within the amount of
5104 available funds.
5105 (2) A procurement officer may not adjust the bid requirements under Subsection (1) if
5106 there is a substantial likelihood that, had the adjustment been included in the invitation for
5107 bids, a person that did not submit a bid would have submitted a responsive, responsible, and
5108 competitive bid.
5109 (3) The Division of Facilities Construction and Management is exempt from the
5110 requirements of this section if:
5111 (a) the building board adopts rules governing procedures when all accepted bids exceed
5112 available funds; and
5113 (b) the Division of Facilities Construction and Management complies with the rules
5114 described in Subsection (3)(a).
5115 Section 115. Section 63G-6a-608 is enacted to read:
5116 63G-6a-608. Tie bids -- Resolution -- Copies provided to attorney general.
5117 (1) A procurement officer shall resolve a tie bid in accordance with a method
5118 established by rule made by the applicable rulemaking authority. The method may include
5119 awarding the tie bid:
5120 (a) to the tie bidder who:
5121 (i) is provider of state products, if no other tie bidder is a responsive provider of state
5122 products;
5123 (ii) is closest to the point of delivery;
5124 (iii) received the previous award; or
5125 (iv) will provide the earliest delivery date;
5126 (b) by drawing lots; or
5127 (c) by any other reasonable method of resolving a tie bid.
5128 (2) The method chosen by the procurement officer to resolve a tie bid shall be at the
5129 sole discretion of the procurement officer, subject to the rules established under Subsection (1).
5130 (3) A public procurement unit in the state executive branch shall provide a copy of the
5131 procurement to the attorney general if an award of a contract to a tie bidder exceeds $100,000
5132 in expenditures.
5133 Section 116. Section 63G-6a-609 is enacted to read:
5134 63G-6a-609. Multiple stage bidding process.
5135 (1) An authorized purchasing entity may conduct a bid in multiple stages, to:
5136 (a) narrow the number of bidders who will progress to a subsequent stage;
5137 (b) prequalify bidders for subsequent stages, in accordance with Section 63G-6a-403 ;
5138 (c) enter into a contract for a single procurement; or
5139 (d) award multiple contracts for a series of upcoming procurements.
5140 (2) The invitation for bids for a multiple stage bidding process shall:
5141 (a) describe the requirements for, and purpose of, each stage of the process;
5142 (b) indicate whether the authorized purchasing entity intends to award:
5143 (i) a single contract; or
5144 (ii) multiple contracts for a series of upcoming procurements; and
5145 (c) state that:
5146 (i) the first stage is for prequalification only;
5147 (ii) a bidder may not submit any pricing information in the first stage of the process;
5148 and
5149 (iii) bids in the second stage will only be accepted from a person who prequalifies in
5150 the first stage.
5151 (3) During the first stage, the authorized purchasing entity:
5152 (a) shall prequalify bidders to participate in subsequent stages, in accordance with
5153 Section 63G-6a-403 ;
5154 (b) shall prohibit the submission of pricing information until the final stage; and
5155 (c) may, before beginning the second stage, request additional information to clarify
5156 the qualifications of the bidders who submit timely responses.
5157 (4) Contracts may only be awarded for a procurement item described in stage one of
5158 the invitation for bids.
5159 (5) An authorized purchasing entity may conduct a bid in as many stages as it
5160 determines to be appropriate.
5161 (6) Except as otherwise expressly provided in this section, an authorized purchasing
5162 entity shall conduct a multiple stage process in accordance with this part.
5163 (7) The applicable rulemaking authority may make rules governing the use of a
5164 multiple stage process described in this section.
5165 Section 117. Section 63G-6a-610 is enacted to read:
5166 63G-6a-610. Contracts awarded by reverse auction.
5167 (1) Reverse auction bidding may be used if the procurement officer determines, in
5168 writing, that reverse auction bidding will provide the best value to the public procurement unit.
5169 (2) Reverse auction bidding is appropriate to use when there are multiple prequalified
5170 providers of a procurement item.
5171 Section 118. Section 63G-6a-611 is enacted to read:
5172 63G-6a-611. Invitation for bids for reverse auction -- Notice contents --
5173 Agreement to terms and conditions.
5174 (1) The reverse auction bidding process begins when an authorized purchasing entity
5175 issues an invitation for bids to prequalify bidders to participate in the reverse auction.
5176 (2) The invitation for bids shall:
5177 (a) state the period of time during which bids will be accepted;
5178 (b) state that the bid will be conducted by reverse auction;
5179 (c) describe the procurement items sought;
5180 (d) describe the minimum requirements to become prequalified;
5181 (e) state the required contractual terms and conditions; and
5182 (f) describe the procedure that the authorized purchasing entity will follow in
5183 conducting the reverse auction.
5184 (3) In order to participate in a reverse auction, a bidder shall agree to:
5185 (a) the specifications, and contractual terms and conditions, of the procurement; and
5186 (b) be trained in, and abide by, the procedure that the authorized purchasing entity will
5187 follow in conducting the reverse auction.
5188 (4) An authorized purchasing entity shall publish an invitation for bids for a reverse
5189 auction in accordance with the requirements of Section 63G-6a-406 .
5190 Section 119. Section 63G-6a-612 is enacted to read:
5191 63G-6a-612. Conduct of reverse auction.
5192 (1) When conducting a reverse auction, an authorized purchasing entity:
5193 (a) may conduct the reverse auction at a physical location or by electronic means;
5194 (b) shall permit all prequalified bidders to participate in the reverse auction;
5195 (c) may not permit a bidder to participate in the reverse auction if the bidder did not
5196 prequalify to participate in the reverse auction;
5197 (d) may not accept a bid after the time for submission of a bid has expired;
5198 (e) shall update the bids on a real time basis; and
5199 (f) shall conduct the reverse auction in a manner that permits each bidder to:
5200 (i) bid against each other; and
5201 (ii) lower the bidder's price below the lowest bid before the reverse auction closes.
5202 (2) At the end of the reverse auction, the authorized purchasing entity shall:
5203 (a) award the contract as soon as practicable to the lowest responsive and responsible
5204 bidder who meets the objective criteria described in the invitation for bids; or
5205 (b) cancel the reverse auction without awarding a contract.
5206 (3) After the reverse auction is finished, the procurement officer shall make publicly
5207 available:
5208 (a) (i) the amount of the final bid submitted by each bidder during the reverse auction;
5209 and
5210 (ii) the identity of the bidder that submitted each final bid; and
5211 (b) if practicable:
5212 (i) the amount of each bid submitted during the reverse auction; and
5213 (ii) the identity of the bidder that submitted each bid.
5214 Section 120. Section 63G-6a-701 is enacted to read:
5215
5216 63G-6a-701. Title.
5217 This part is known as "Request for Proposals."
5218 Section 121. Section 63G-6a-702 is enacted to read:
5219 63G-6a-702. Contracts awarded by request for proposals.
5220 (1) A request for proposals procurement process may be used instead of bidding if the
5221 procurement officer determines, in writing, that the request for proposals procurement process
5222 will provide the best value to the public procurement unit.
5223 (2) The request for proposals procurement process is appropriate to use for:
5224 (a) the procurement of professional services;
5225 (b) a design-build procurement;
5226 (c) when cost is not the most important factor to be considered in making the selection
5227 that is most advantageous to the public procurement unit; or
5228 (d) when factors, in addition to cost, are highly significant in making the selection that
5229 is most advantageous to the public procurement unit.
5230 Section 122. Section 63G-6a-703 is enacted to read:
5231 63G-6a-703. Request for proposals -- Notice -- Contents.
5232 (1) The request for proposals procurement process begins when the authorized
5233 purchasing entity issues a request for proposals.
5234 (2) A request for proposals shall:
5235 (a) state the period of time during which a proposal will be accepted;
5236 (b) describe the manner in which a proposal shall be submitted;
5237 (c) state the place where a proposal shall be submitted;
5238 (d) include, or incorporate by reference:
5239 (i) a description of the procurement items sought;
5240 (ii) a description of the subjective and objective criteria that will be used to evaluate
5241 the proposal; and
5242 (iii) the standard contractual terms and conditions required by the authorized
5243 purchasing entity;
5244 (e) state the relative weight that will be given to each score awarded for the criteria
5245 described in Subsection (2)(d)(ii), including cost;
5246 (f) state the formula that will be used to determine the score awarded for the cost of
5247 each proposal;
5248 (g) if the request for proposals will be conducted in multiple stages, as described in
5249 Section 63G-6a-710 , include a description of the stages and the criteria and scoring that will be
5250 used to screen offerors at each stage; and
5251 (h) state that discussions may be conducted with offerors who submit proposals
5252 determined to be reasonably susceptible of being selected for award, followed by an
5253 opportunity to make best and final offers, but that proposals may be accepted without
5254 discussions.
5255 (3) An authorized purchasing entity shall publish a request for proposals in accordance
5256 with the requirements of Section 63G-6a-406 .
5257 Section 123. Section 63G-6a-704 is enacted to read:
5258 63G-6a-704. Opening of proposals and acceptance.
5259 (1) An authorized purchasing entity shall ensure that proposals are opened in a manner
5260 that avoids disclosing the contents to competing offerors during the evaluation process.
5261 (2) An authorized purchasing entity may not accept a proposal:
5262 (a) after the time for submission of a proposal has expired; or
5263 (b) that is not responsive to the request for proposals.
5264 Section 124. Section 63G-6a-705 is enacted to read:
5265 63G-6a-705. Discussions -- Best and final offers.
5266 (1) After proposals are received and opened, the authorized purchasing entity may
5267 conduct discussions with the offerors and allow the offerors to make best and final offers after
5268 the discussions.
5269 (2) The authorized purchasing entity shall:
5270 (a) ensure that each offeror receives fair and equal treatment with respect to the other
5271 offerors;
5272 (b) establish a schedule and procedures for conducting discussions;
5273 (c) ensure that information in each proposal and information gathered during
5274 discussions is not shared with other offerors until the contract is awarded;
5275 (d) ensure that auction tactics are not used in the discussion process, including
5276 discussing and comparing the costs and features of other proposals; and
5277 (e) set a common date and time for the submission of best and final offers.
5278 (3) If an offeror chooses not to participate in a discussion or does not make a timely
5279 best and final offer, the offer submitted by the offerors before the conduct of discussions shall
5280 be treated as the offeror's best and final offer.
5281 Section 125. Section 63G-6a-706 is enacted to read:
5282 63G-6a-706. Correction or withdrawal of proposal -- Cancellation of award.
5283 (1) Correction or withdrawal of an unintentionally erroneous proposal, or the
5284 cancellation of an award or contract that is based on an unintentionally erroneous proposal,
5285 may be made in accordance with the rules of the applicable rulemaking authority.
5286 (2) A decision to permit the correction or withdrawal of a proposal or the cancellation
5287 of an award or a contract under Subsection (1) shall be supported in a written document, signed
5288 by the procurement officer.
5289 Section 126. Section 63G-6a-707 is enacted to read:
5290 63G-6a-707. Evaluation of proposals -- Evaluation committee.
5291 (1) Each proposal shall be evaluated using the criteria described in the request for
5292 proposals, which may include:
5293 (a) experience;
5294 (b) performance ratings;
5295 (c) inspection;
5296 (d) testing;
5297 (e) quality;
5298 (f) workmanship;
5299 (g) time, manner, or schedule of delivery;
5300 (h) references;
5301 (i) financial stability;
5302 (j) suitability for a particular purpose;
5303 (k) management plans;
5304 (l) cost; or
5305 (m) other subjective or objective criteria specified in the request for proposals.
5306 (2) Criteria not described in the request for proposals may not be used to evaluate a
5307 proposal.
5308 (3) The authorized purchasing entity shall:
5309 (a) appoint an evaluation committee consisting of at least three individuals; and
5310 (b) ensure that the evaluation committee and each member of the evaluation
5311 committee:
5312 (i) does not have a conflict of interest with any of the offerors;
5313 (ii) can fairly evaluate each proposal;
5314 (iii) does not contact or communicate with an offeror for any reason other than
5315 conducting the procurement process; and
5316 (iv) conducts the evaluation in a manner that ensures a fair and competitive process
5317 and avoids the appearance of impropriety.
5318 (4) The evaluation committee may conduct interviews with, or participate in
5319 presentations by, the offerors.
5320 (5) Except as provided in Subsection (6) or (7), each member of the evaluation
5321 committee is prohibited from knowing, or having access to, any information relating to the
5322 cost, or the scoring of the cost, of a proposal until after the evaluation committee submits its
5323 final recommended scores on all other criteria to the authorized purchasing entity.
5324 (6) (a) As used in this Subsection (6), "management fee" includes only the following
5325 fees of the construction manager/general contractor:
5326 (i) preconstruction phase services;
5327 (ii) monthly supervision fees for the construction phase; and
5328 (iii) overhead and profit for the construction phase.
5329 (b) When selecting a construction manager/general contractor for a construction
5330 project, the evaluation committee:
5331 (i) may, at any time after the opening of the responses to the request for proposals, have
5332 access to, and consider, the management fee proposed by the offerors; and
5333 (ii) except as provided in Subsection (7), may not know or have access to any other
5334 information relating to the cost of construction submitted by the offerors, until after the
5335 evaluation committee submits its final recommended scores on all other criteria to the
5336 authorized purchasing entity.
5337 (7) An authorized purchasing entity is not required to comply with Subsection (5) if,
5338 before opening the responses to the request for proposals, the head of the authorized purchasing
5339 entity or a person designated by rule made by the applicable rulemaking authority:
5340 (a) signs a written statement:
5341 (i) indicating that, due to the nature of the proposal or other circumstances, it is in the
5342 best interest of the state to waive compliance with Subsection (5); and
5343 (ii) describing the nature of the proposal and the other circumstances relied upon to
5344 waive compliance with Subsection (5); and
5345 (b) makes the written statement available to the public, upon request.
5346 Section 127. Section 63G-6a-708 is enacted to read:
5347 63G-6a-708. Publication of award and scores -- Cost-benefit analysis.
5348 (1) The authorized purchasing entity shall, on the day on which the selection is
5349 announced, make available to each offeror and to the public a written statement that includes:
5350 (a) the name of the offeror found by the authorized purchasing entity to provide the
5351 greatest overall value to the public procurement unit, taking into account the cost and the other
5352 evaluation criteria described in the request for proposals; and
5353 (b) the scores awarded to each offeror by the evaluation committee for each evaluation
5354 criteria category described in the request for proposals.
5355 (2) If the contract is awarded to an offeror other than the lowest cost offeror, and the
5356 difference between the cost of the accepted proposal and the lowest proposal exceeds the
5357 greater of $10,000 or 5% of the lowest cost offer, an authorized purchasing entity shall include,
5358 with the statement described in Subsection (1), an informal written cost-benefit analysis that:
5359 (a) explains, in general terms, the advantage to the public procurement unit of
5360 awarding the contract to the higher cost offeror;
5361 (b) includes, except as provided in Subsection (2)(c), the estimated added financial
5362 value to the public procurement unit of each criteria that justifies awarding the contract to the
5363 higher cost offeror;
5364 (c) includes, to the extent that assigning a financial value to a particular criteria is not
5365 practicable, a statement describing:
5366 (i) why it is not practicable to assign a financial value to the criteria; and
5367 (ii) in nonfinancial terms, the advantage to the public procurement unit, based on the
5368 particular criteria, of awarding the contract to the higher cost offeror;
5369 (d) demonstrates that the value of the advantage to the public procurement unit of
5370 awarding the contract to the higher cost offeror exceeds the value of the difference between the
5371 cost of the higher cost offeror and the cost of the lower cost offerors; and
5372 (e) includes any other information required by rule made by the applicable rulemaking
5373 authority.
5374 Section 128. Section 63G-6a-709 is enacted to read:
5375 63G-6a-709. Award of contract -- Cancellation -- Disqualification.
5376 (1) After the evaluation and scoring of proposals is completed, the authorized
5377 purchasing entity shall:
5378 (a) award the contract as soon as practicable to:
5379 (i) the responsive and responsible offeror with the highest total score; or
5380 (ii) if, in accordance with Subsection (2), the procurement officer or the head of the
5381 authorized purchasing entity disqualifies the offeror described in Subsection (1)(a)(i), the
5382 responsive and responsible offeror with the next highest total score; or
5383 (b) cancel the request for proposals without awarding a contract.
5384 (2) In accordance with Subsection (3), the procurement officer or the head of the
5385 authorized purchasing entity may disqualify an offeror for:
5386 (a) a violation of this chapter;
5387 (b) a violation of a requirement of the request for proposals;
5388 (c) unlawful or unethical conduct; or
5389 (d) a change in circumstance that, had the change been known at the time the proposal
5390 was submitted, would have caused the proposal to not have the highest score.
5391 (3) A procurement officer or head of an authorized purchasing entity who disqualifies
5392 an offeror under Subsection (2) shall:
5393 (a) make a written finding, stating the reasons for disqualification; and
5394 (b) provide a copy of the written finding to the disqualified offeror.
5395 (4) If an authorized purchasing entity cancels a request for proposals without awarding
5396 a contract, the authorized purchasing entity shall make available for public inspection a written
5397 justification for the cancellation.
5398 Section 129. Section 63G-6a-710 is enacted to read:
5399 63G-6a-710. Multiple stage process.
5400 (1) An authorized purchasing entity may conduct a request for proposals in stages,
5401 where an earlier stage is used to qualify offerors for subsequent stages or to narrow the number
5402 of offerors that will move on to subsequent stages.
5403 (2) Except as otherwise expressly provided in this section, an authorized purchasing
5404 entity shall conduct a multiple stage process in accordance with this part.
5405 Section 130. Section 63G-6a-711 , which is renumbered from Section 63G-6-408.5 is
5406 renumbered and amended to read:
5407 [
5408 (1) As used in this section:
5409 (a) "Committee" is as defined in Section 63M-1-2602 .
5410 (b) "Initial proposal" is a proposal submitted by a private entity under Section
5411 63M-1-2605 .
5412 (2) After receipt by the chief procurement officer of a copy of an initial proposal from
5413 the committee in accordance with Subsection 63M-1-2606 (5), including any comment,
5414 suggestion, or modification to the initial proposal, the chief procurement officer shall initiate a
5415 procurement process in compliance with [
5416 chapter.
5417 (3) The chief procurement officer or designee shall:
5418 (a) review each detailed proposal received in accordance with Title 63M, Chapter 1,
5419 Part 26, Government Procurement Private Proposal Program; and
5420 (b) submit all detailed proposals that meet the guidelines established under Subsection
5421 63M-1-2608 (1) to the committee for review under Section 63M-1-2609 .
5422 (4) For purposes of this chapter, the Governor's Office of Economic Development is
5423 considered the state purchasing [
5424 Chapter 1, Part 26, Government Procurement Private Proposal Program.
5425 Section 131. Section 63G-6a-801 is enacted to read:
5426
5427 63G-6a-801. Title.
5428 This part is known as "Exceptions to Procurement Requirements."
5429 Section 132. Section 63G-6a-802 , which is renumbered from Section 63G-6-410 is
5430 renumbered and amended to read:
5431 [
5432 competition -- Notice.
5433 (1) As used in this section:
5434 (a) "Transitional costs" mean the costs of changing from an existing provider of, or
5435 type of, a procurement item to another provider of, or type of, procurement item.
5436 (b) "Transitional costs" include:
5437 (i) training costs;
5438 (ii) conversion costs;
5439 (iii) compatibility costs;
5440 (iv) system downtime;
5441 (v) disruption of service;
5442 (vi) staff time necessary to put the transition into effect;
5443 (vii) installation costs; and
5444 (viii) ancillary software, hardware, equipment, or construction costs.
5445 (c) "Transitional costs" do not include:
5446 (i) the costs of preparing for or engaging in a procurement process; or
5447 (ii) contract negotiation or contract drafting costs.
5448 (2) A contract may be awarded for a [
5449 item without competition [
5450 officer, the head of [
5451
5452 the procurement officer or the head of the authorized purchasing entity, determines in writing
5453 that:
5454 [
5455 procurement item; or
5456 [
5457 of a donation that will fund the full cost of the supply, service, or construction item.
5458 (3) Circumstances under which there is only one source for a procurement item may
5459 include:
5460 (a) where the most important consideration in obtaining a procurement item is the
5461 compatibility of equipment, technology, software, accessories, replacement parts, or service;
5462 (b) where a procurement item is needed for trial use or testing;
5463 (c) where transitional costs are unreasonable or cost prohibitive; or
5464 (d) procurement of public utility services.
5465 (4) The applicable rulemaking authority shall make rules regarding the publication of
5466 notice for a sole source procurement that, at a minimum, require publication of notice of a sole
5467 source procurement, in accordance with Section 63G-6a-406 , if the cost of the procurement
5468 exceeds $50,000.
5469 (5) An authorized purchasing entity who awards a sole source contract on behalf of a
5470 public procurement unit shall negotiate with the contractor to ensure that the terms of the
5471 contract, including price and delivery, are in the best interest of the state.
5472 (6) A public procurement unit may extend a contract for a reasonable period of time
5473 without engaging in a procurement process, if:
5474 (a) the award of a new contract for the procurement item is delayed due to a protest or
5475 appeal;
5476 (b) the procurement process is delayed due to unintentional error;
5477 (c) changes in industry standards require significant changes to specifications for the
5478 procurement item;
5479 (d) the extension is necessary to prevent the loss of federal funds;
5480 (e) the extension is necessary to address a circumstance where the appropriation of
5481 state or federal funds has been delayed; or
5482 (f) the extension covers the period of time during which contract negotiations with a
5483 new provider are being conducted.
5484 Section 133. Section 63G-6a-803 is enacted to read:
5485 63G-6a-803. Emergency procurement.
5486 (1) Notwithstanding any other provision of this chapter, a procurement officer or the
5487 procurement officer's designee may authorize an emergency procurement without using a
5488 standard procurement process when an emergency condition exists.
5489 (2) A procurement officer who authorizes an emergency procurement under Subsection
5490 (1) shall:
5491 (a) make the authorization in writing, stating the emergency condition upon which the
5492 emergency procurement is made; and
5493 (b) ensure that the procurement is made with as much competition as reasonably
5494 practicable while avoiding harm, or a risk of harm, to the public health, safety, welfare, or
5495 property.
5496 Section 134. Section 63G-6a-804 , which is renumbered from Section 63G-6-423 is
5497 renumbered and amended to read:
5498 [
5499 (1) [
5500 purchase goods and services produced by the Utah Correctional Industries Division as provided
5501 [
5502 (b) A political subdivision of the state may, and is encouraged to, purchase [
5503 goods and services [
5504 (c) A public procurement unit is not required to use a procurement process to purchase
5505 goods or services under this section.
5506 (2) [
5507 Industries shall:
5508 (a) publish and distribute to all [
5509 public procurement units and other interested public entities a catalog of goods and services
5510 provided by the Correctional Industries Division[
5511 description and price of each item offered for sale[
5512 and
5513 (b) update and revise the catalog described in Subsection (2)(a) during the year as the
5514 director considers necessary.
5515 (3) (a) [
5516 political subdivision of the state may not purchase any goods or services provided by the
5517 Correctional Industries Division from any other source unless it has been determined in writing
5518 by the director of Correctional Industries and by the [
5519 of institutions of higher education, the institutional procurement officer, that purchase from the
5520 Correctional Industries Division is not feasible due to one of the following circumstances:
5521 (i) the good or service offered by the division does not meet the reasonable
5522 requirements of the [
5523 (ii) the good or service cannot be supplied within a reasonable time by the division; or
5524 (iii) the cost of the good or service, including basic price, transportation costs, and
5525 other expenses of acquisition, is not competitive with the cost of procuring the item from
5526 another source.
5527 (b) In cases of disagreement[
5528 (i) the decision may be appealed to a board consisting of:
5529 (A) the director of the Department of Corrections[
5530 (B) the director of Administrative Services[
5531 (C) a neutral third party agreed upon by the other two members [
5532 (ii) in the case of [
5533 president of the [
5534 decision[
5535 (iii) in the case of a non-executive state procurement unit, a person designated by the
5536 applicable rulemaking authority shall make the final decision.
5537 Section 135. Section 63G-6a-805 , which is renumbered from Section 63G-6-425 is
5538 renumbered and amended to read:
5539 [
5540 programs.
5541 (1) As used in this section:
5542 (a) [
5543 Advisory Board created under this section.
5544 (b) "Central not-for-profit association" means a group of experts designated by the
5545 advisory board to do the following, under guidelines established by the advisory board:
5546 (i) assist the advisory board with its functions; and
5547 (ii) facilitate the implementation of advisory board policies.
5548 (c) (i) "Community rehabilitation program" means a program that is operated primarily
5549 for the purpose of the employment and training of persons with a disability by a government
5550 agency or qualified nonprofit organization which is an income tax exempt organization under
5551 26 U.S.C. Sec. 501(c)(3) of the Internal Revenue Code.
5552 (ii) A community rehabilitation program:
5553 (A) maintains an employment ratio of at least 75% of the program employees under the
5554 procurement contract in question have severe disabilities;
5555 (B) (I) complies with any applicable occupational health and safety standards
5556 prescribed by the United States Department of Labor; or
5557 (II) is a supported employment program approved by the Utah State Office of
5558 Rehabilitation;
5559 (C) has its principal place of business in Utah;
5560 (D) produces any good provided under this section in Utah; and
5561 (E) provides any service that is provided by individuals with a majority of whom
5562 domiciled in Utah.
5563 (d) "Person with a disability" means a person with any disability as defined by and
5564 covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
5565 (2) [
5566 Disabilities Advisory Board [
5567
5568
5569 (3) The advisory board shall consist of three members, as follows:
5570 [
5571
5572 [
5573 Section 53A-24-103 , or [
5574 [
5575 a three-year term by the governor with the advice and consent of the Senate.
5576 [
5577 goods and services from community rehabilitation programs by a public procurement unit
5578 under this chapter by:
5579 [
5580 programs [
5581 requirements of Subsection (7);
5582 [
5583 services that are identified under Subsection [
5584 [
5585 of goods and services identified and priced under Subsections [
5586 [
5587 [
5588 competitive bidding, for the purchase of goods and services under Subsection [
5589 [
5590 the procurement provisions under this chapter.
5591 [
5592 appoint its members, and establish guidelines for its duties.
5593 (b) The designated central not-for-profit association serves at the pleasure of the
5594 advisory board [
5595 be removed by the advisory board at any time by a majority vote of the advisory board.
5596 (c) Subject to the board guidelines and discretion, a designated central not-for-profit
5597 association may be assigned to perform the following duties:
5598 (i) identify qualified community rehabilitation programs and the goods and services
5599 that they provide or have the potential to provide;
5600 (ii) help ensure that goods and services are provided at reasonable quality and delivery
5601 levels;
5602 (iii) recommend pricing for goods and services;
5603 (iv) [
5604 under the board's direction;
5605 (v) [
5606 to the division; and
5607 (vi) other duties specified by the advisory board.
5608 [
5609 [
5610 services produced by a community rehabilitation program using the preferred procurement
5611 contract list approved under Subsection [
5612 (a) the good or service offered for sale by a community rehabilitation program
5613 reasonably conforms to the needs and specifications of the public procurement unit;
5614 (b) the community rehabilitation program can supply the good or service within a
5615 reasonable time; and
5616 (c) the price of the good or service is reasonably competitive with the cost of procuring
5617 the good or service from another source.
5618 [
5619 (a) may submit a bid to the advisory board at any time and not necessarily in response
5620 to [
5621 (b) shall certify on any bid it submits to the advisory board or to a public procurement
5622 unit under this section that it is claiming a preference under this section.
5623 [
5624 goods and services produced by a community rehabilitation program under the preferred
5625 procurement list under Subsection [
5626
5627 community rehabilitation programs has reached $5 million for that fiscal year.
5628 [
5629 under Section [
5630 Section 136. Section 63G-6a-901 is enacted to read:
5631
5632 63G-6a-901. Title.
5633 This part is known as "Cancellations, Rejections, and Debarment."
5634 Section 137. Section 63G-6a-902 , which is renumbered from Section 63G-6-412 is
5635 renumbered and amended to read:
5636 [
5637 proposals.
5638 [
5639 for proposals, or other solicitation [
5640
5641 in the solicitation, when it is in the best interests of the [
5642 accordance with [
5643 (2) The reasons for a cancellation or rejection described in Subsection (1) shall be
5644 made part of the contract file.
5645 Section 138. Section 63G-6a-903 , which is renumbered from Section 63G-6-413 is
5646 renumbered and amended to read:
5647 [
5648 offeror.
5649 (1) A [
5650 authorized purchasing entity shall be made in writing, in accordance with [
5651
5652 (2) The unreasonable failure of a bidder or offeror to promptly supply information in
5653 connection with an inquiry with respect to responsibility may be grounds for a determination of
5654 nonresponsibility with respect to the bidder or offeror. [
5655 (3) Subject to Title 63G, Chapter 2, Government Records Access and Management
5656 Act, information furnished by a bidder or offeror pursuant to this section [
5657 disclosed outside of the [
5658 unit or authorized purchasing entity without prior written consent by the bidder or offeror.
5659 Section 139. Section 63G-6a-904 , which is renumbered from Section 63G-6-804 is
5660 renumbered and amended to read:
5661 [
5662 contracts -- Causes for debarment.
5663 (1) After reasonable notice to the person involved and reasonable opportunity for that
5664 person to be heard, [
5665 procurement officer or the head of an authorized purchasing entity may, after consultation with
5666 the [
5667 state executive branch, the attorney general[
5668 (a) debar a person for cause from consideration for award of contracts[
5669
5670
5671 years; or
5672 (b) suspend a person from consideration for award of contracts if there is probable
5673 cause to believe that the person has engaged in any activity [
5674 debarment. [
5675 (2) A suspension described in Subsection (1)(b) may not be for a period exceeding
5676 three months, unless an indictment has been issued for an offense which would be a cause for
5677 debarment under Subsection [
5678 attorney general, remain in effect until after the trial of the suspended person.
5679 [
5680 (a) conviction of a criminal offense as an incident to obtaining or attempting to obtain a
5681 public or private contract or subcontract or in the performance of [
5682 contract or subcontract;
5683 (b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
5684 falsification or destruction of records, receiving stolen property, or any other offense indicating
5685 a lack of business integrity or business honesty which currently, seriously, and directly affects
5686 responsibility as a state contractor;
5687 (c) conviction under state or federal antitrust statutes;
5688 (d) failure without good cause to perform in accordance with the terms of the contract;
5689 [
5690 (e) a violation of this chapter, including Part 22, Ethical Requirements; or
5691 [
5692
5693 responsibility as a state contractor, including debarment by another governmental entity [
5694
5695 Section 140. Section 63G-6a-1001 is enacted to read:
5696
5697 63G-6a-1001. Title.
5698 This part is known as "Preferences."
5699 Section 141. Section 63G-6a-1002 , which is renumbered from Section 63G-6-404 is
5700 renumbered and amended to read:
5701 [
5702 products.
5703 (1) (a) [
5704
5705 give a reciprocal preference to those bidders offering [
5706
5707 Utah [
5708
5709 any state that gives or requires a preference to [
5710
5711 that state.
5712 (b) The amount of reciprocal preference shall be equal to the amount of the preference
5713 applied by the other state for that particular [
5714 procurement item.
5715 (c) [
5716 shall certify on the bid that the [
5717 items offered are produced, manufactured, mined, grown, or performed in Utah.
5718 [
5719 Subsection (1)(c) does not appear on the bid.
5720 (2) (a) If the bidder submitting the lowest responsive and responsible bid offers [
5721
5722 manufactured, mined, grown, or performed in a state that gives or requires a preference, and if
5723 another bidder has submitted a responsive and responsible bid offering [
5724
5725 grown, or performed in Utah, and with the benefit of the reciprocal preference, [
5726 the other bidder is equal to or less than the original lowest bid, the [
5727 authorized purchasing entity shall:
5728 (i) give notice to the bidder offering [
5729
5730 Utah that the bidder qualifies as a preferred bidder; and
5731 (ii) make the purchase from the preferred bidder if[
5732 meet the low bid within 72 hours after notification that the bidder is a preferred bidder.
5733 (b) The [
5734 submitted by the lowest bidder in the notice the [
5735 entity submits to the preferred bidder.
5736 (c) The [
5737 contract with any other bidder for the purchase until 72 hours have elapsed after notification to
5738 the preferred bidder.
5739 (3) (a) If there is more than one preferred bidder, the [
5740 purchasing entity shall award the contract to the willing preferred bidder who was the lowest
5741 preferred bidder originally.
5742 (b) If there were two or more equally low preferred bidders, the [
5743 authorized purchasing entity shall comply with the rules [
5744
5745 the contract.
5746 (4) The provisions of this section do not apply if application of this section might
5747 jeopardize the receipt of federal funds.
5748 Section 142. Section 63G-6a-1003 , which is renumbered from Section 63G-6-405 is
5749 renumbered and amended to read:
5750 [
5751 (1) As used in this section, "resident contractor" means a person, partnership,
5752 corporation, or other business entity that:
5753 (a) either has its principal place of business in Utah or that employs workers who are
5754 residents of this state when available; and
5755 (b) was transacting business on the date when bids for the public contract were first
5756 solicited.
5757 (2) (a) When awarding contracts for construction, [
5758 authorized purchasing entity shall grant a resident contractor a reciprocal preference [
5759
5760 contractors from that state.
5761 (b) The amount of the reciprocal preference shall be equal to the amount of the
5762 preference applied by the state of the nonresident contractor.
5763 (3) (a) [
5764 shall certify on the bid that the bidder qualifies as a resident contractor.
5765 (b) The reciprocal preference is waived if [
5766 Subsection (2)(a) does not appear on the bid.
5767 (4) (a) If the contractor submitting the lowest responsive and responsible bid is not a
5768 resident contractor [
5769 gives or requires a preference to contractors from that state, and if a resident contractor has also
5770 submitted a responsive and responsible bid, and, with the benefit of the reciprocal preference,
5771 the resident contractor's bid is equal to or less than the original lowest bid, the [
5772
5773 (i) give notice to the resident contractor that the resident contractor qualifies as a
5774 preferred resident contractor; and
5775 (ii) issue the contract to the resident contractor if the resident contractor agrees, in
5776 writing, to meet the low bid within 72 hours after notification that the resident contractor is a
5777 preferred resident contractor.
5778 (b) The [
5779 submitted by the lowest bidder in the notice [
5780 purchasing entity submits to the preferred resident contractor.
5781 (c) The [
5782 contract with any other bidder for the construction until 72 hours have elapsed after notification
5783 to the preferred resident contractor.
5784 (5) (a) If there is more than one preferred resident contractor, the [
5785 authorized purchasing entity shall award the contract to the willing preferred resident
5786 contractor who was the lowest preferred resident contractor originally.
5787 (b) If there were two or more equally low preferred resident contractors, the
5788 [
5789
5790 should be awarded the contract.
5791 (6) The provisions of this section do not apply if application of this section might
5792 jeopardize the receipt of federal funds.
5793 Section 143. Section 63G-6a-1004 is enacted to read:
5794 63G-6a-1004. Exception for federally funded contracts.
5795 This part does not apply to the extent it conflicts with federal requirements relating to a
5796 procurement that involves the expenditure of federal assistance, federal contract funds, or
5797 federal financial participation funds.
5798 Section 144. Section 63G-6a-1101 is enacted to read:
5799
5800 63G-6a-1101. Title.
5801 This part is known as "Bonds."
5802 Section 145. Section 63G-6a-1102 , which is renumbered from Section 63G-6-504 is
5803 renumbered and amended to read:
5804 [
5805 suretyship prohibited -- Penalty.
5806 (1) Bid security in an amount equal to at least 5% of the amount of the bid shall be
5807 required for all competitive [
5808 bond provided by a surety company authorized to do business in this state, the equivalent in
5809 cash, or any other form satisfactory to the state.
5810 (2) When a bidder fails to comply with the requirement for bid security [
5811 described in the invitation for bids, the bid shall be rejected unless, pursuant to rules[
5812
5813 determines that the failure to comply with the security requirements is nonsubstantial.
5814 (3) After the bids are opened, they shall be irrevocable for the period specified in the
5815 invitation for bids, except as provided in [
5816 bidder is permitted to withdraw a bid before award, no action shall be taken against the bidder
5817 or the bid security.
5818 (4) (a) When issuing an invitation for a bid under this chapter, the [
5819 officer or the head of [
5820 carrying out a construction project may not require a person or entity who is bidding for a
5821 contract to obtain a bond of the type [
5822 insurance or surety company, producer, agent, or broker.
5823 (b) A person who violates Subsection (4)(a) is guilty of an infraction.
5824 Section 146. Section 63G-6a-1103 , which is renumbered from Section 63G-6-505 is
5825 renumbered and amended to read:
5826 [
5827 Waiver -- Action -- Attorney fees.
5828 (1) When a construction contract is awarded under this chapter, the contractor to whom
5829 the contract is awarded shall deliver the following bonds or security to the state, which shall
5830 become binding on the parties upon the execution of the contract:
5831 (a) a performance bond satisfactory to the state that is in an amount equal to 100% of
5832 the price specified in the contract and is executed by a surety company authorized to do
5833 business in this state or any other form satisfactory to the state; and
5834 (b) a payment bond satisfactory to the state that is in an amount equal to 100% of the
5835 price specified in the contract and is executed by a surety company authorized to do business in
5836 this state or any other form satisfactory to the state, which is for the protection of each person
5837 supplying labor, service, equipment, or material for the performance of the work provided for
5838 in the contract.
5839 (2) (a) When a construction contract is awarded under this chapter, the [
5840 procurement officer or the head of the [
5841 responsible for carrying out [
5842 contract is awarded to obtain a bond of the types referred to in Subsection (1) from a specific
5843 insurance or surety company, producer, agent, or broker.
5844 (b) A person who violates Subsection (2)(a) is guilty of an infraction.
5845 (3) Rules of the applicable rulemaking authority may provide for waiver of the
5846 requirement of a bid, performance, or payment bond for circumstances in which the [
5847 procurement officer considers any or all of the bonds to be unnecessary to protect the [
5848 public procurement unit.
5849 (4) A person shall have a right of action on a payment bond under this section for any
5850 unpaid amount due [
5851 (a) the person has furnished labor, service, equipment, or material for the work
5852 provided for in the contract for which the payment bond is furnished under this section; and
5853 (b) the person has not been paid in full within 90 days after the last [
5854 the person performed the labor or service or supplied the equipment or material for which the
5855 claim is made.
5856 (5) An action upon a payment bond [
5857 competent jurisdiction in [
5858 [
5859 on which the claimant performed the labor or service or supplied the equipment or material on
5860 which the claim is based. The obligee named in the bond need not be joined as a party to the
5861 action.
5862 (6) In any suit upon a payment bond, the court shall award reasonable attorney fees to
5863 the prevailing party, which fees shall be taxed as costs in the action.
5864 Section 147. Section 63G-6a-1104 , which is renumbered from Section 63G-6-506 is
5865 renumbered and amended to read:
5866 [
5867 (1) Any person furnishing labor, service, equipment, or material for which a payment
5868 bond claim may be made under this chapter shall provide preliminary notice to the designated
5869 agent as prescribed by Section 38-1-32.5 , except that this section does not apply:
5870 (a) to a person performing labor for wages; or
5871 (b) if a notice of commencement is not filed as prescribed in Section 38-1-31.5 for the
5872 project or improvement for which labor, service, equipment, or material is furnished.
5873 (2) Any person who fails to provide the preliminary notice required by Subsection (1)
5874 may not make a payment bond claim under this chapter.
5875 (3) The preliminary notice required by Subsection (1) must be provided before
5876 commencement of any action on the payment bond.
5877 Section 148. Section 63G-6a-1105 , which is renumbered from Section 63G-6-507 is
5878 renumbered and amended to read:
5879 [
5880 The form of the bonds required by this part shall be established by [
5881
5882 the state a certified copy of a bond upon payment of the cost of reproduction of the bond and
5883 postage, if any. A certified copy of a bond shall be prima facie evidence of the contents,
5884 execution, and delivery of the original.
5885 Section 149. Section 63G-6a-1201 is enacted to read:
5886
5887 63G-6a-1201. Title.
5888 This part is known as "Contracts and Change Orders."
5889 Section 150. Section 63G-6a-1202 , which is renumbered from Section 63G-6-601 is
5890 renumbered and amended to read:
5891 [
5892 price adjustments -- Use of rules and regulations.
5893 (1) [
5894 require for state construction contracts, and may permit or require for [
5895 supplies and services, the inclusion of clauses providing for adjustments in prices, time of
5896 performance, or other appropriate contract provisions, and covering the following subjects:
5897 (a) the unilateral right of the [
5898 the work within the scope of the contract and changes in the time of performance of the
5899 contract that do not alter the scope of the contract work;
5900 (b) variations occurring between estimated quantities of work in a contract and actual
5901 quantities;
5902 (c) suspension of work ordered by the [
5903 (d) site conditions differing from those indicated in the construction contract, or
5904 ordinarily encountered, except that differing site conditions clauses required by the rules [
5905
5906 (i) the contract is negotiated[
5907 (ii) the contractor provides the site or design[
5908 (iii) the parties have otherwise agreed with respect to the risk of differing site
5909 conditions.
5910 (2) Adjustments in price pursuant to clauses [
5911 Subsection (1) shall be computed in one or more of the following ways:
5912 (a) by agreement on a fixed price adjustment before commencement of the pertinent
5913 performance or as soon thereafter as practicable;
5914 (b) by unit prices specified in the contract or subsequently agreed upon;
5915 (c) by the costs attributable to the events or situations under the clauses with
5916 adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
5917 (d) in any other manner as the contracting parties may mutually agree; or
5918 (e) in the absence of agreement by the parties, by a unilateral determination by the
5919 [
5920 with adjustment of profit or fee, all as computed by the [
5921 accordance with applicable [
5922
5923 Procurement Appeals Board, and Part 18, Appeals to Court and Court Proceedings.
5924 (3) A contractor shall be required to submit cost or pricing data if any adjustment in
5925 contract price is subject to the provisions of Section [
5926 (4) [
5927 require for [
5928 supplies and services, the inclusion of clauses providing for appropriate remedies and covering
5929 at least the following subjects:
5930 (a) liquidated damages as appropriate;
5931 (b) specified excuses for delay or nonperformance;
5932 (c) termination of the contract for default; and
5933 (d) termination of the contract in whole or in part for the convenience of the [
5934 public procurement unit.
5935 (5) The contract clauses [
5936
5937 the head of [
5938 inclusion in any particular contract. [
5939 require that:
5940 (a) variations [
5941 circumstances justifying the variations[
5942 (b) notice of any material variation shall be included in the invitation for bids or
5943 request for proposals.
5944 Section 151. Section 63G-6a-1203 , which is renumbered from Section 63G-6-603 is
5945 renumbered and amended to read:
5946 [
5947 provisions forbidden.
5948 (1) As used in this section, "design professional" means:
5949 (a) an architect, licensed under Title 58, Chapter 3a, Architects Licensing Act;
5950 (b) a landscape architect, licensed under Title 58, Chapter 53, Landscape Architects
5951 Licensing Act; and
5952 (c) a professional engineer or professional land surveyor, licensed under Title 58,
5953 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
5954 (2) (a) [
5955 contract, entered into under [
5956 professional indemnify another from liability claims that arise out of the design professional's
5957 services, unless the liability claim arises from the design professional's negligent act, wrongful
5958 act, error or omission, or other liability imposed by law.
5959 (b) Subsection (2)(a) may not be waived by contract.
5960 (c) Notwithstanding Subsections (2)(a) and (b), a design professional may be required
5961 to indemnify a person for whom the design professional has direct or indirect control or
5962 responsibility.
5963 Section 152. Section 63G-6a-1204 is enacted to read:
5964 63G-6a-1204. Multiyear contracts.
5965 (1) Except as provided in Subsection (7), a public procurement unit may enter into a
5966 multiyear contract resulting from an invitation for bids or a request for proposals, if:
5967 (a) the procurement officer determines, in the discretion of the procurement officer,
5968 that entering into a multiyear contract is in the best interest of the public procurement unit; and
5969 (b) the invitation for bids or request for proposals:
5970 (i) states the term of the contract, including all possible renewals of the contract;
5971 (ii) states the conditions for renewal of the contract; and
5972 (iii) includes the provisions of Subsections (3) through (5) that are applicable to the
5973 contract.
5974 (2) In making the determination described in Subsection (1)(a), the procurement officer
5975 shall consider whether entering into a multiyear contract will:
5976 (a) result in significant savings to the public procurement unit, including:
5977 (i) reduction of the administrative burden in procuring, negotiating, or administering
5978 contracts;
5979 (ii) continuity in operations of the public procurement unit; or
5980 (iii) the ability to obtain a volume or term discount;
5981 (b) encourage participation by a person who might not otherwise be willing or able to
5982 compete for a shorter term contract; or
5983 (c) provide an incentive for a bidder or offeror to improve productivity through capital
5984 investment or better technology.
5985 (3) (a) The determination described in Subsection (1)(a) is discretionary and is not
5986 required to be in writing or otherwise recorded.
5987 (b) Except as provided in Subsections (4) and (5), notwithstanding any provision of an
5988 invitation for bids, a request for proposals, or a contract to the contrary, a multiyear contract,
5989 including a contract that was awarded outside of an invitation for bids or request for proposals
5990 process, may not continue or be renewed for any year after the first year of the multiyear
5991 contract if adequate funds are not appropriated to continue or renew the contract.
5992 (4) A multiyear contract that is funded solely by federal funds may be continued or
5993 renewed for any year after the first year of the multiyear contract if:
5994 (a) adequate funds to continue or renew the contract have not been, but are expected to
5995 be appropriated by, and received from, the federal government;
5996 (b) continuation or renewal of the contract before the money is appropriated or
5997 received is permitted by the federal government; and
5998 (c) the contract states that it may be cancelled, without penalty, if the anticipated
5999 federal funds are not appropriated or received.
6000 (5) A multiyear contract that is funded in part by federal funds may be continued or
6001 renewed for any year after the first year of the multiyear contract if:
6002 (a) the portion of the contract that is to be funded by funds of a public entity are
6003 appropriated;
6004 (b) adequate federal funds to continue or renew the contract have not been, but are
6005 expected to be, appropriated by, and received from, the federal government;
6006 (c) continuation or renewal of the contract before the federal money is appropriated or
6007 received is permitted by the federal government; and
6008 (d) the contract states that it may be cancelled, without penalty, if the anticipated
6009 federal funds are not appropriated or received.
6010 (6) A public procurement unit may not continue or renew a multiyear contract after the
6011 end of the multiyear contract term or the renewal periods described in the contract, unless the
6012 public procurement unit engages in a new procurement process or complies with an exception,
6013 described in this chapter, to using a standard procurement process.
6014 (7) A multiyear contract, including any renewal periods, may not exceed a period of
6015 five years, unless:
6016 (a) the procurement officer determines, in writing, that:
6017 (i) a longer period is necessary in order to obtain the procurement item;
6018 (ii) a longer period is customary for industry standards; or
6019 (iii) a longer period is in the best interest of the public procurement unit; and
6020 (b) the written determination described in subsection (7)(a) is included in the file
6021 relating to the procurement.
6022 (8) This section does not apply to a contract for the design or construction of a facility,
6023 a road, or a public transit project.
6024 Section 153. Section 63G-6a-1205 , which is renumbered from Section 63G-6-416 is
6025 renumbered and amended to read:
6026 [
6027 prohibited.
6028 (1) [
6029 procurement unit may use any type of contract [
6030 the state [
6031 (2) A public procurement unit may not use a cost-plus-a-percentage-of-cost contract [
6032
6033 (3) A public procurement unit may not use a cost-reimbursement contract [
6034
6035 written determination that:
6036 (a) the contract is likely to be less costly to the [
6037 other type of contract; or [
6038 (b) it is impracticable to obtain the [
6039
6040 [
6041
6042
6043 (4) A procurement officer, the head of an authorized procurement entity, or a designee
6044 of either, may not use a type of contract, other than a firm fixed-price contract, unless the
6045 procurement officer makes a written determination that:
6046 (a) the proposed contractor's accounting system will permit timely development of all
6047 necessary cost data in the form required by the specific contract type contemplated; and
6048 (b) the proposed contractor's accounting system is adequate to allocate costs in
6049 accordance with generally accepted accounting principles.
6050 Section 154. Section 63G-6a-1206 , which is renumbered from Section 63G-6-415 is
6051 renumbered and amended to read:
6052 [
6053 incurred costs -- Required information -- Auditing of books.
6054 [
6055
6056
6057
6058
6059 [
6060
6061
6062
6063 (1) (a) The applicable rulemaking authority may, by rule, establish the cost principles
6064 to be included in a cost-reimbursement contract to determine incurred costs for the purpose of
6065 calculating a reimbursement.
6066 (b) The cost principles established by rule under Subsection (1)(a) may be modified, by
6067 contract, if the procurement officer or head of the authorized procurement entity approves the
6068 modification.
6069 (2) Except as provided in Subsection (5), a person who seeks to be, or is, a party in a
6070 cost-based contract with a public procurement unit shall:
6071 (a) submit cost or pricing data relating to determining the cost or pricing amount; and
6072 (b) certify that, to the best of the contractor's knowledge and belief, the cost or pricing
6073 data submitted is accurate and complete as of the date specified by the public procurement unit.
6074 (3) The procurement officer shall ensure that the date specified under Subsection (2)(b)
6075 is before:
6076 (a) the pricing of any contract awarded by [
6077 procurement process or pursuant to [
6078 total contract price is expected to exceed an amount established by [
6079 made by the applicable rulemaking authority; or
6080 (b) the pricing of any change order [
6081 established by [
6082 [
6083
6084 the price to the [
6085 exclude any significant sums by which the [
6086 was increased because the [
6087 [
6088
6089 [
6090 (5) A public procurement unit is not required to comply with Subsection (2) if:
6091 (a) [
6092 (b) [
6093 (c) [
6094 (d) [
6095 (i) that, in accordance with rules [
6096 rulemaking authority, the requirements of [
6097 (ii) the reasons for [
6098 [
6099 the extent that the books and records relate to the applicable cost or pricing data, audit the
6100 books and records of [
6101 (a) a person who has submitted cost or pricing data pursuant to this section; or [
6102 (b) a contractor or subcontractor under [
6103 than a firm fixed-price contract [
6104
6105 (7) Unless a shorter time is provided for by contract:
6106 (a) a person described in Subsection (6)(a) shall maintain the books and records [
6107
6108
6109
6110 (b) a contractor shall maintain the books and records described in Subsection (6) for
6111 three years after the day on which the fiscal year in which final payment under the prime
6112 contract ends; and
6113 (c) a subcontractor shall maintain the books and records described in Subsection (6) for
6114 three years after the day on which the fiscal year in which final payment is made under the
6115 subcontract[
6116 Section 155. Section 63G-6a-1207 , which is renumbered from Section 63G-6-602 is
6117 renumbered and amended to read:
6118 [
6119 (1) Under a construction contract, [
6120 contract amount [
6121 the change order is within the determined project or contract budget[
6122
6123 (a) the fiscal officer of the entity responsible for funding the project or [
6124 or [
6125 (b) the official responsible for monitoring and reporting upon the status of the costs of
6126 the total project or contract budget. [
6127 (2) If a change order will result in an increase in the total project or contract budget,
6128 [
6129 (a) sufficient funds are [
6130 (b) the scope of the project or contract is adjusted to permit the degree of completion
6131 feasible within the total project or contract budget as it existed [
6132 order under consideration. [
6133
6134
6135 (3) Notwithstanding any other provision of this section, it shall be presumed that this
6136 section has been complied with if the contractor reasonably relies on an executed change order.
6137 Section 156. Section 63G-6a-1301 is enacted to read:
6138
6139 63G-6a-1301. Title.
6140 This part is known as "General Construction Provisions."
6141 Section 157. Section 63G-6a-1302 , which is renumbered from Section 63G-6-501 is
6142 renumbered and amended to read:
6143 [
6144 contracting management.
6145 (1) [
6146 alternative methods of construction contracting management as determined to be feasible.
6147 [
6148 (2) The rules described in Subsection (1) shall:
6149 [
6150 [
6151 appropriate method of construction contracting management for a particular project; and
6152 [
6153 written statement [
6154 particular method of construction contracting management for each project.
6155 [
6156 procurement officer or the head of the state purchasing [
6157 out the construction project shall consider the following factors:
6158 [
6159 [
6160 [
6161 procurement unit, and the [
6162 [
6163 [
6164 [
6165 source;
6166 [
6167 be assigned to the project and [
6168 personnel can devote to the project; and
6169 [
6170 contractors to complete the project under the various methods being considered.
6171 [
6172
6173
6174 [
6175 [
6176
6177
6178 [
6179
6180
6181
6182
6183
6184 (4) An applicable rulemaking authority may make rules that authorize the use of a
6185 construction manager/general contractor as one method of construction contracting
6186 management.
6187 (5) The rules described in Subsection (2) shall require that:
6188 (a) the construction manager/general contractor be selected using:
6189 (i) a procurement process; or
6190 (ii) an exception to the requirement to use a procurement process; and
6191 (b) when entering into a subcontract that was not specifically included in the
6192 construction manager/general contractor's cost proposal, the construction manager/general
6193 contractor shall procure the subcontractor by using a procurement process, or an exception to
6194 the requirement to use a procurement process, in the same manner as if the subcontract work
6195 was procured directly by the public procurement unit.
6196 [
6197 Subsections (1) through (3) for state building construction projects may authorize the use of a
6198 design-build provider as one method of construction contracting management.
6199 (7) A design-build contract may include a provision for obtaining the site for the
6200 construction project.
6201 (8) A design-build contract or a construction manager/general contractor contract may
6202 include provision by the contractor of operations, maintenance, or financing.
6203 Section 158. Section 63G-6a-1303 , which is renumbered from Section 63G-6-604 is
6204 renumbered and amended to read:
6205 [
6206 construction contracts.
6207 (1) As used in this section:
6208 (a) "Contractor" means a person who is or may be awarded a state construction
6209 contract.
6210 (b) "Covered individual" means an individual who:
6211 (i) on behalf of a contractor or subcontractor provides services directly related to
6212 design or construction under a state construction contract; and
6213 (ii) is in a safety sensitive position, including a design position that has responsibilities
6214 that directly affect the safety of an improvement to real property that is the subject of a state
6215 construction contract.
6216 (c) "Drug and alcohol testing policy" means a policy under which a contractor or
6217 subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:
6218 (i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol,
6219 except the medically prescribed possession and use of a drug; or
6220 (ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.
6221 (d) "Random testing" means that a covered individual is subject to periodic testing for
6222 drugs and alcohol:
6223 (i) in accordance with a drug and alcohol testing policy; and
6224 (ii) on the basis of a random selection process.
6225 [
6226 (e) "State executive entity" means:
6227 (i) a state executive branch:
6228 [
6229 [
6230 [
6231 [
6232 [
6233 [
6234 [
6235 [
6236
6237 (ii) a state institution of higher education, as defined in Section 53B-3-102 .
6238 (f) "State construction contract" means a contract for design or construction entered
6239 into by a state [
6240 [
6241
6242 [
6243 [
6244
6245 (2) Except as provided in Subsection (7), [
6246
6247 [
6248 the state executive entity that the contractor:
6249 [
6250
6251 [
6252 state construction contract that applies to the covered individuals hired by the contractor;
6253 [
6254 by the contractor that the contractor has the drug and alcohol testing policy described in
6255 Subsection (2)(a)[
6256 [
6257 testing policy described in Subsection (2)(a)[
6258 construction contract there are 10 or more individuals who are covered individuals hired by the
6259 contractor[
6260 [
6261
6262 (d) requires that as a condition of contracting with the contractor, a subcontractor:
6263 (i) has and will maintain a drug and alcohol testing policy during the period of the state
6264 construction contract that applies to the covered individuals hired by the subcontractor;
6265 (ii) posts in one or more conspicuous places notice to covered individuals hired by the
6266 subcontractor that the subcontractor has the drug and alcohol testing policy described in
6267 Subsection (2)[
6268 (iii) subjects the covered individuals hired by the subcontractor to random testing under
6269 the drug and alcohol testing policy described in Subsection (2)[
6270 the period of the state construction contract there are 10 or more individuals who are covered
6271 individuals hired by the subcontractor.
6272 (3) (a) Except as otherwise provided in this Subsection (3), if a contractor or
6273 subcontractor fails to comply with Subsection (2), the contractor or subcontractor may be
6274 suspended or debarred in accordance with this chapter.
6275 (b) [
6276 shall include in a state construction contract:
6277 (i) a reference to the rules described in Subsection (4)(b); or
6278 (ii) if the [
6279 the rules described in Subsection (4)(b), a process that provides a contractor or subcontractor
6280 reasonable notice and opportunity to cure a violation of this section before suspension or
6281 debarment of the contractor or subcontractor in light of the circumstances of the state
6282 construction contract or the violation.
6283 (c) (i) A contractor is not subject to penalties for the failure of a subcontractor to
6284 comply with Subsection (2).
6285 (ii) A subcontractor is not subject to penalties for the failure of a contractor to comply
6286 with Subsection (2).
6287 [
6288
6289 (4) An authorized rulemaking authority:
6290 (a) may make rules that establish the requirements and procedures a contractor [
6291 is required to follow to comply with Subsection (2); and
6292 (b) shall make rules that establish:
6293 (i) the penalties that may be imposed in accordance with Subsection (3); and
6294 (ii) a process that provides a contractor or subcontractor reasonable notice and
6295 opportunity to cure a violation of this section before suspension or debarment of the contractor
6296 or subcontractor in light of the circumstances of the state construction contract or the violation.
6297 (5) The failure of a contractor or subcontractor to meet the requirements of Subsection
6298 (2):
6299 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
6300 or contractor under Part [
6301 or Part 18, Appeals to Court and Court Proceedings; and
6302 (b) may not be used by a state public procurement unit, a prospective bidder, an
6303 offeror, a contractor, or a subcontractor as a basis for an action that would suspend, disrupt, or
6304 terminate the design or construction under a state construction contract.
6305 (6) (a) After a state [
6306 construction contract in compliance with this section, the state is not required to audit, monitor,
6307 or take any other action to ensure compliance with this section.
6308 (b) The state is not liable in any action related to this section, including not being liable
6309 in relation to:
6310 (i) a contractor or subcontractor having or not having a drug and alcohol testing policy;
6311 (ii) failure to test for a drug or alcohol under a contractor's or subcontractor's drug and
6312 alcohol testing policy;
6313 (iii) the requirements of a contractor's or subcontractor's drug and alcohol testing
6314 policy;
6315 (iv) a contractor's or subcontractor's implementation of a drug and alcohol testing
6316 policy, including procedures for:
6317 (A) collection of a sample;
6318 (B) testing of a sample;
6319 (C) evaluation of a test; or
6320 (D) disciplinary or rehabilitative action on the basis of a test result;
6321 (v) an individual being under the influence of drugs or alcohol; or
6322 (vi) an individual under the influence of drugs or alcohol harming another person or
6323 causing property damage.
6324 (7) This section does not apply if the state [
6325 determines that the application of this section would severely disrupt the operation of a [
6326
6327 including:
6328 (a) jeopardizing the receipt of federal funds;
6329 (b) causing the state construction contract [
6330 (c) causing the state construction contract [
6331 (8) If a contractor or subcontractor meets the requirements of this section, this section
6332 may not be construed to restrict the contractor's or subcontractor's ability to impose or
6333 implement an otherwise lawful provision as part of a drug and alcohol testing policy.
6334 Section 159. Section 63G-6a-1401 is enacted to read:
6335
6336 63G-6a-1401. Title.
6337 This part is known as "Transportation Contracts."
6338 Section 160. Section 63G-6a-1402 , which is renumbered from Section 63G-6-502 is
6339 renumbered and amended to read:
6340 [
6341 project contracts.
6342 (1) As used in this section:
6343 (a) "Design-build transportation project contract" means the procurement of both the
6344 design and construction of a transportation project in a single contract with a company or
6345 combination of companies capable of providing the necessary engineering services and
6346 construction.
6347 (b) "Transportation agency" means:
6348 (i) the Department of Transportation;
6349 (ii) a county of the first or second class, as defined in Section 17-50-501 ;
6350 (iii) a municipality of the first class, as defined in Section 10-2-301 ;
6351 (iv) a public transit district that has more than 200,000 people residing within its
6352 boundaries; and
6353 (v) a public airport authority.
6354 (2) Except as provided in Subsection (3), a transportation agency may award a
6355 design-build transportation project contract for any transportation project that has an estimated
6356 cost of at least $50,000,000 by following the requirements of this section.
6357 (3) (a) The Department of Transportation:
6358 (i) may award a design-build transportation project contract for any transportation
6359 project by following the requirements of this section; and
6360 (ii) shall make rules, [
6361 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for
6362 the procurement of its design-build transportation project contracts in addition to those required
6363 by this section.
6364 (b) A public transit district that has more than 200,000 people residing within its
6365 boundaries:
6366 (i) may award a design-build transportation project contract for any transportation
6367 project by following the requirements of this section; and
6368 (ii) shall pass ordinances or a resolution establishing requirements for the procurement
6369 of its design-build transportation project contracts in addition to those required by this section.
6370 (c) A design-build transportation project contract authorized under this Subsection (3)
6371 is not subject to the estimated cost threshold [
6372 (d) A design-build transportation project contract may include provision by the
6373 contractor of operations, maintenance, or financing.
6374 (4) (a) Before entering into a design-build transportation project contract, a
6375 transportation agency may issue a request for qualifications to prequalify potential contractors.
6376 (b) Public notice of the request for qualifications shall be given in accordance with
6377 [
6378 (c) A transportation agency shall require, as part of the qualifications specified in the
6379 request for qualifications, that potential contractors at least demonstrate their:
6380 (i) construction experience;
6381 (ii) design experience;
6382 (iii) financial, manpower, and equipment resources available for the project; and
6383 (iv) experience in other design-build transportation projects with attributes similar to
6384 the project being procured.
6385 (d) The request for qualifications shall identify the number of eligible competing
6386 proposers that the transportation agency will select to submit a proposal, which [
6387
6388 (5) [
6389 [
6390 [
6391 [
6392 agency's request for proposals.
6393 [
6394 agency fails to receive at least two qualified eligible competing [
6395 transportation agency shall readvertise the project.
6396 [
6397 has an estimated cost of $5,000,000 or less to a qualified eligible proposer if:
6398 [
6399 [
6400 [
6401 [
6402 [
6403 respondents that:
6404 (a) includes a scope of work statement constituting an information for proposal that
6405 may include:
6406 (i) preliminary design concepts;
6407 (ii) design criteria, needs, and objectives;
6408 (iii) warranty and quality control requirements;
6409 (iv) applicable standards;
6410 (v) environmental documents;
6411 (vi) constraints;
6412 (vii) time expectations or limitations;
6413 (viii) incentives or disincentives; and
6414 (ix) other special considerations;
6415 (b) requires submitters to provide:
6416 (i) a sealed cost proposal;
6417 (ii) a critical path matrix schedule, including cash flow requirements;
6418 (iii) proposal security; and
6419 (iv) other items required by the department for the project; and
6420 (c) may include award of a stipulated fee to be paid to [
6421 unsuccessful proposals.
6422 [
6423 (a) evaluate the submissions received in response to the request for proposals from the
6424 prequalified [
6425 (b) comply with rules relating to discussion of proposals, best and final offers, and
6426 evaluations of the proposals submitted; and
6427 (c) after considering price and other identified factors, award the contract to the
6428 responsive and responsible [
6429 state.
6430 Section 161. Section 63G-6a-1403 , which is renumbered from Section 63G-6-503 is
6431 renumbered and amended to read:
6432 [
6433 agreements.
6434 (1) As used in this section[
6435
6436 defined in Section 72-6-202 .
6437 (2) The [
6438 Commission:
6439 (a) may solicit a tollway development agreement proposal by following the
6440 requirements of this section;
6441 (b) may award a solicited tollway development agreement contract for any tollway
6442 project by following the requirements of this section; and
6443 (c) shall make rules, [
6444 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for
6445 the procurement of tollway development agreement proposals in addition to those required by
6446 this section.
6447 (3) (a) Before entering into a tollway development agreement, the [
6448 Department of Transportation may issue a request for qualifications to prequalify potential
6449 contractors.
6450 (b) Public notice of the request for qualifications shall be given in accordance with
6451 [
6452 (c) The [
6453 qualifications specified in the request for qualifications, that potential contractors at least
6454 provide:
6455 (i) a demonstration of their experience with other transportation concession projects
6456 with attributes similar to the project being procured;
6457 (ii) a financial statement of the firm or consortium of firms making the proposal;
6458 (iii) a conceptual project development plan and financing plan;
6459 (iv) the legal structure of the firm or consortium of firms making the proposal;
6460 (v) the organizational structure for the project; and
6461 (vi) a statement describing why the firm or consortium of firms is best qualified for the
6462 project.
6463 (d) The request for qualifications shall identify the number of eligible competing
6464 [
6465 proposal.
6466 (4) The [
6467 (a) evaluate the responses received from the request for qualifications;
6468 (b) select from their number those qualified to submit proposals; and
6469 (c) invite those respondents to submit proposals based upon the [
6470 Department of Transportation's request for proposals.
6471 (5) The [
6472 to those qualified respondents that may require, as appropriate for the procurement:
6473 (a) a description of the proposed project or projects;
6474 (b) a financial plan for the project, including:
6475 (i) the anticipated financial commitment of all parties;
6476 (ii) equity, debt, and other financing mechanisms;
6477 (iii) an analysis of the projected return, rate of return, or both; and
6478 (iv) the monetary benefit and other value to a government entity;
6479 (c) assumptions about user fees or toll rates;
6480 (d) a project development and management plan, including:
6481 (i) the contracting structure;
6482 (ii) the plan for quality management;
6483 (iii) the proposed toll enforcement plan; and
6484 (iv) the plan for safety management; and
6485 (e) that the proposal to comply with the minimum guidelines for tollway development
6486 agreement proposals under Section 72-6-204 .
6487 (6) The [
6488 Commission:
6489 (a) shall evaluate the submissions received in response to the request for proposals
6490 from the prequalified [
6491 (b) shall comply with rules relating to discussion of proposals, best and final offers,
6492 and evaluations of the proposals submitted; and
6493 (c) may, after considering price and other identified factors and complying with the
6494 requirements of Section 72-6-206 , award the contract to the responsive and responsible
6495 [
6496 Section 162. Section 63G-6a-1501 is enacted to read:
6497
6498 63G-6a-1501. Title.
6499 This part is known as "Architect-Engineer Services."
6500 Section 163. Section 63G-6a-1502 , which is renumbered from Section 63G-6-701 is
6501 renumbered and amended to read:
6502 [
6503 (1) It is the policy of this state to publicly announce all requirements for
6504 architect-engineer services and to negotiate contracts for architect-engineer services on the
6505 basis of demonstrated competence and qualification for the type of services required, and at fair
6506 and reasonable prices.
6507 (2) Architect-engineer services shall be procured as provided in this part except as
6508 authorized by Sections [
6509 63G-6a-803 .
6510 (3) This part does not affect the authority of, and does not apply to procedures
6511 undertaken by, a public procurement unit to obtain the services of architects or engineers in the
6512 capacity of employees of [
6513 Section 164. Section 63G-6a-1503 , which is renumbered from Section 63G-6-702 is
6514 renumbered and amended to read:
6515 [
6516 services.
6517 (1) In the procurement of architect-engineer services, the [
6518 the head of a state purchasing [
6519 practice of their profession to submit annually a statement of qualifications and performance
6520 data.
6521 (2) The Building Board shall be the [
6522 architect-engineer services contracts under its authority. [
6523 (3) An evaluation committee for architect-engineer services contracts not under the
6524 authority of the Building Board shall be established in accordance with rules [
6525
6526 rulemaking authority.
6527 (4) An evaluation committee shall:
6528 (a) evaluate current statements of qualifications and performance data on file with the
6529 state, together with those that may be submitted by other firms in response to the
6530 announcement of the proposed contract[
6531 (b) consider no less than three firms [
6532 (c) based upon criteria established and published by the [
6533 authorized purchasing entity, select no less than three of the firms considered to be the most
6534 highly qualified to provide the services required.
6535 Section 165. Section 63G-6a-1504 , which is renumbered from Section 63G-6-703 is
6536 renumbered and amended to read:
6537 [
6538 Notwithstanding any other provision of this chapter, architect-engineer services may be
6539 procured under Title 63A, Chapter 5, State Building Board - Division of Facilities Construction
6540 and Management, as part of the services obtained in a design-build contract or as part of the
6541 services obtained in a lease contract for real property, [
6542 those providing the architect-engineer services are part of the consideration in the selection
6543 process.
6544 Section 166. Section 63G-6a-1505 , which is renumbered from Section 63G-6-704 is
6545 renumbered and amended to read:
6546 [
6547 architect-engineer services.
6548 (1) The procurement officer shall award a contract to a qualified firm at compensation
6549 [
6550 state.
6551 (2) In making [
6552 procurement officer shall take into account the services':
6553 (a) estimated value[
6554 (b) scope[
6555 (c) complexity[
6556 (d) professional nature [
6557 (3) If the procurement officer [
6558 firm first selected, at a price the procurement officer determines to be fair and reasonable to the
6559 state, [
6560 shall [
6561 (a) formally terminate discussions with that firm; and
6562 (b) undertake discussions with a second qualified firm. [
6563
6564
6565 (4) If the procurement officer is unable to agree to a satisfactory contract with the
6566 second firm selected, at a price the procurement officer determines to be fair and reasonable to
6567 the state, the procurement officer shall:
6568 (a) formally terminate discussions with that firm; and
6569 (b) undertake discussions with a third qualified firm. [
6570
6571 (5) If the procurement officer is unable to award a contract at a fair and reasonable
6572 price [
6573 (a) select additional firms[
6574 (b) continue discussions in accordance with this part until an agreement is reached.
6575 Section 167. Section 63G-6a-1506 , which is renumbered from Section 63G-6-705 is
6576 renumbered and amended to read:
6577 [
6578 architect-engineer services.
6579 (1) Except as provided in Subsection (2), when [
6580 authorized purchasing entity, in accordance with Section [
6581 obtain architect or engineering services by using a competitive procurement process and has
6582 provided public notice of its competitive procurement process:
6583 (a) a higher education entity, or any part of one, may not submit a proposal in response
6584 to the [
6585 process; and
6586 (b) the [
6587 contract to perform the architect or engineering services solicited in the competitive
6588 procurement process to a higher education entity or any part of one.
6589 (2) [
6590 (1) does not apply when the [
6591 procuring architect or engineer services for contracts related to research activities and
6592 technology transfer.
6593 Section 168. Section 63G-6a-1601 is enacted to read:
6594
6595 63G-6a-1601. Title.
6596 This part is known as "Controversies and Protests."
6597 Section 169. Section 63G-6a-1602 , which is renumbered from Section 63G-6-805 is
6598 renumbered and amended to read:
6599 [
6600 public procurement unit and contractor.
6601 The [
6602 purchasing entity, or a designee of either [
6603 commencement of an action in court concerning the controversy, [
6604 controversy [
6605 purchasing entity and a contractor [
6606
6607 a controversy based upon breach of contract, [
6608 cause for contract modification or rescission.
6609 Section 170. Section 63G-6a-1603 , which is renumbered from Section 63G-6-801 is
6610 renumbered and amended to read:
6611 [
6612 Authority to resolve protest.
6613 (1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in
6614 connection with the solicitation or award of a contract may protest to the [
6615 officer or the head of [
6616 respect to an invitation for bids or a request for proposals shall be submitted in writing [
6617
6618 not know and should not have known of the facts giving rise to the protest [
6619 bid opening or the closing date for proposals. [
6620 person shall submit a protest in writing within [
6621 person knows or should have known of the facts giving rise [
6622 (2) Subject to the applicable requirements in Section 63G-10-403 , the [
6623 procurement officer, the head of [
6624 designee of either [
6625 an action in court concerning the controversy, [
6626 Section 171. Section 63G-6a-1604 , which is renumbered from Section 63G-6-806 is
6627 renumbered and amended to read:
6628 [
6629 writing.
6630 (1) The [
6631
6632 a written decision regarding any protest, debarment [
6633 it is not settled by a mutual agreement.
6634 (2) The decision shall state the reasons for the action taken and inform the protestor,
6635 contractor, or prospective contractor of the right to judicial or administrative review as
6636 provided in this chapter.
6637 [
6638 reversed on appeal, except to the extent provided in Section [
6639
6640 (4) A person who issues a decision under this section shall mail or otherwise
6641 [
6642 or contractor.
6643 (5) The decision shall be final and conclusive unless the protestor, prospective
6644 contractor, or contractor:
6645 (a) appeals administratively to the [
6646 accordance with Subsection [
6647
6648 (b) if there is not an applicable appeals board, commences an action in district court in
6649 accordance with Section [
6650 [
6651 authorized purchasing entity, or the designee of either [
6652 decision [
6653 after the day on which a written request for a final decision is made, or within [
6654 period as may be agreed upon by the parties, then the protestor, contractor, or prospective
6655 contractor may proceed as if an adverse decision had been received.
6656 Section 172. Section 63G-6a-1605 , which is renumbered from Section 63G-6-907 is
6657 renumbered and amended to read:
6658 [
6659 controversies.
6660 [
6661 with the State Procurement Appeals Board to resolve controversies between the local public
6662 procurement unit and its bidders, offerors, contractors, regardless of whether [
6663 controversy arose from a cooperative purchasing agreement.
6664 Section 173. Section 63G-6a-1606 , which is renumbered from Section 63G-6-802 is
6665 renumbered and amended to read:
6666 [
6667 In the event of a timely protest under Subsection [
6668
6669 authorized purchasing entity may not proceed further with the solicitation or with the award of
6670 the contract until all administrative and judicial remedies [
6671 [
6672 procurement unit or the head of [
6673 written determination that the award of the contract without delay is necessary to protect
6674 substantial interests of the state.
6675 Section 174. Section 63G-6a-1607 , which is renumbered from Section 63G-6-803 is
6676 renumbered and amended to read:
6677 [
6678 (1) When a protest is sustained administratively or upon administrative or judicial
6679 review and the protesting bidder or offeror should have been awarded the contract under the
6680 solicitation but is not, the protestor shall be entitled to the following relief as a claim against
6681 the state:
6682 (a) the reasonable costs incurred in connection with the solicitation, including bid
6683 preparation and appeal costs; and
6684 (b) any equitable relief determined to be appropriate by the reviewing administrative or
6685 judicial body.
6686 (2) When a protest is not sustained by the [
6687 the protestor shall reimburse the [
6688 for the per diem and expenses paid by the [
6689 members and any additional expenses incurred by the [
6690 who have provided materials and administrative services to the appeals board for that case.
6691 Section 175. Section 63G-6a-1701 is enacted to read:
6692
6693 63G-6a-1701. Title.
6694 This part is known as "Procurement Appeals Board."
6695 Section 176. Section 63G-6a-1702 , which is renumbered from Section 63G-6-807 is
6696 renumbered and amended to read:
6697 [
6698 Creation of other appeals boards.
6699 (1) (a) A Procurement Appeals Board is created in the executive branch. The
6700 Procurement Appeals Board shall be composed of a chair and one other member, to be
6701 appointed by the governor, and a third member to be designated by the two appointed members
6702 on a case-by-case basis.
6703 (b) None of the members of the Procurement Appeals Board shall otherwise be
6704 full-time employees of the state.
6705 (c) The appointed members of the Procurement Appeals Board shall have been
6706 members in good standing of the state bar for at least five years and shall be experienced in
6707 contract or commercial matters.
6708 (d) The designated member shall possess the technical expertise and experience needed
6709 for the proper disposition of the factual issues presented by the case.
6710 (2) (a) Except as required by Subsection (2)(b), as terms of current [
6711 expire, the governor shall appoint each new member or reappointed member to a four-year
6712 term.
6713 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
6714 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
6715 [
6716 Procurement Appeals Board are appointed every two years.
6717 (c) The designated member shall serve for the case on which designated until the final
6718 disposition of the case.
6719 (d) Appointed members may be reappointed for succeeding terms and may continue to
6720 serve after the expiration of their terms until a successor takes office.
6721 (e) Qualified persons may be redesignated as members.
6722 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
6723 appointed for the unexpired term.
6724 (4) A member may not receive compensation or benefits for the member's service, but
6725 may receive per diem and travel expenses in accordance with:
6726 (a) Section 63A-3-106 ;
6727 (b) Section 63A-3-107 ; and
6728 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6729 63A-3-107 .
6730 (5) A local public procurement unit, a non-executive state procurement unit, or a state
6731 institution of higher education may form its own appeals board to hear procurement protests.
6732 Section 177. Section 63G-6a-1703 , which is renumbered from Section 63G-6-810 is
6733 renumbered and amended to read:
6734 [
6735 Unless an action has been initiated previously in district courts for essentially the same
6736 cause of action, [
6737 (1) any protest of a solicitation or award of a contract addressed to the appeals board by
6738 an aggrieved actual or prospective bidder or offeror, or a contractor; and
6739 (2) any appeal by an aggrieved party from a decision rendered or considered to have
6740 been rendered pursuant to Section [
6741 Section 178. Section 63G-6a-1704 , which is renumbered from Section 63G-6-808 is
6742 renumbered and amended to read:
6743 [
6744 The Procurement Appeals Board:
6745 (1) shall adopt rules of procedure [
6746 provide for the expeditious resolution of controversies, including procedures to encourage
6747 agreements between the parties to a controversy prior to a hearing[
6748 (2) may adopt small claims procedures for the resolution of controversies involving
6749 claims of less than $15,000.
6750 Section 179. Section 63G-6a-1705 , which is renumbered from Section 63G-6-809 is
6751 renumbered and amended to read:
6752 [
6753 [
6754 An appeals board shall:
6755 (1) issue a decision in writing or take other appropriate action of each appeal
6756 submitted[
6757 (2) provide a copy of any decision [
6758 procurement officer or the head of [
6759 Section 180. Section 63G-6a-1706 , which is renumbered from Section 63G-6-811 is
6760 renumbered and amended to read:
6761 [
6762 filing.
6763 (1) For a protest under Subsection [
6764 shall file a protest with the appeals board within [
6765 person knows or should have known of the facts and circumstances upon which the protest is
6766 based[
6767 request for proposals shall be filed [
6768 proposals unless the aggrieved person did not know and should not have known of the facts
6769 giving rise to the protest [
6770 (2) For an appeal from a decision regarding a protested solicitation or award, the
6771 aggrieved person shall file an appeal within seven [
6772 day on which the decision is rendered or considered to have been rendered [
6773
6774 (3) For an appeal from a decision regarding a debarment, suspension, or contract
6775 controversy, the aggrieved person shall file an appeal within 60 [
6776 days after the day on which the person receives a decision rendered or considered to have been
6777 rendered [
6778 Section 181. Section 63G-6a-1707 , which is renumbered from Section 63G-6-812 is
6779 renumbered and amended to read:
6780 [
6781 authorized.
6782 After notice of an appeal [
6783 applicable appeals board, no party may discontinue the appeal without prejudice, except as
6784 authorized by the [
6785 Section 182. Section 63G-6a-1708 , which is renumbered from Section 63G-6-813 is
6786 renumbered and amended to read:
6787 [
6788 and conclusive.
6789 (1) On any protest or appeal under Section [
6790 [
6791 controversy or whether the [
6792 chapter. Any prior determinations by administrative officials regarding protests of
6793 [
6794 breach of contract controversies [
6795 (2) A determination of an issue of fact by the [
6796 appeals board under Subsection (1) [
6797 capricious or clearly erroneous. No determination on an issue of law [
6798 applicable appeals board is final or conclusive.
6799 (3) The applicable appeals board may, without a hearing, determine, in writing, that a
6800 protest is without merit.
6801 Section 183. Section 63G-6a-1801 is enacted to read:
6802
6803 63G-6a-1801. Title.
6804 This part is known as "Appeals to Court and Court Proceedings."
6805 Section 184. Section 63G-6a-1802 , which is renumbered from Section 63G-6-814 is
6806 renumbered and amended to read:
6807 [
6808 Any person receiving an adverse decision, or the state, may appeal a decision of [
6809
6810
6811 (1) recommended by the chief procurement officer or the head of the state purchasing
6812 [
6813 (2) for a non-executive state procurement unit, approved by a person authorized by rule
6814 made by the applicable rulemaking authority.
6815 Section 185. Section 63G-6a-1803 , which is renumbered from Section 63G-6-815 is
6816 renumbered and amended to read:
6817 [
6818 (1) The district court shall have jurisdiction over an action, whether the action is at law
6819 or in equity, between the state and:
6820 (a) a bidder, offeror, or contractor, prospective or actual, who is aggrieved in
6821 connection with the [
6822 (b) a person who is subject to a suspension or debarment proceeding; and
6823 (c) a contractor, for any cause of action [
6824 relation to a contract.
6825 (2) The provisions of Title 63G, Chapter 7, Part 4, Notice of Claim Against a
6826 Governmental Entity or a Government Employee, and Section 63G-7-601 do not apply to
6827 actions brought under this chapter by an aggrieved party for equitable relief or reasonable costs
6828 incurred in preparing or appealing an unsuccessful bid or offer.
6829 Section 186. Section 63G-6a-1804 , which is renumbered from Section 63G-6-817 is
6830 renumbered and amended to read:
6831 [
6832 (1) [
6833 initiated [
6834 (a) within 20 [
6835 should have known of the facts giving rise to the action; [
6836 (b) with respect to an invitation for bids or request for proposals [
6837
6838 person did not know and should not have known of the facts giving rise to the action [
6839
6840 [
6841 pursuant to either Section [
6842 whichever is applicable.
6843 (2) [
6844 commenced within six months after receipt of a final administrative decision, pursuant to
6845 Section [
6846 63G-6a-1708 .
6847 (3) The statutory limitations on an action between private persons on a contract or for
6848 breach of contract shall apply to any action commenced pursuant to Subsection [
6849 63G-6a-1803 (1)(c), except notice of appeals from [
6850 board pursuant to Section [
6851 breach of contract, shall be filed within one year after the [
6852
6853 Section 187. Section 63G-6a-1805 , which is renumbered from Section 63G-6-816 is
6854 renumbered and amended to read:
6855 [
6856 state.
6857 In any judicial action under Section [
6858 employees, agents, or other persons appointed by the state shall be final and conclusive only as
6859 provided in Sections [
6860 Subsection [
6861 Section 188. Section 63G-6a-1901 is enacted to read:
6862
6863 63G-6a-1901. Title.
6864 This part is known as "General Provisions Related to Protest or Appeal."
6865 Section 189. Section 63G-6a-1902 , which is renumbered from Section 63G-6-419 is
6866 renumbered and amended to read:
6867 [
6868 and capricious.
6869 The determinations required [
6870
6871
6872 they are arbitrary and capricious or clearly erroneous[
6873 (1) Section 63G-6a-605 ;
6874 (2) Section 63G-6a-702 ;
6875 (3) Subsection 63G-6a-708 (1)(a);
6876 (4) Subsection 63G-6a-709 (1);
6877 (5) Section 63G-6a-803 ;
6878 (6) Section 63G-6a-804 ;
6879 (7) Section 63G-6a-903 ;
6880 (8) Subsection 63G-6a-1204 (1) or (2);
6881 (9) Subsection 63G-6a-1204 (5);
6882 (10) Section 63G-6a-1205 ; or
6883 (11) Subsection 63G-6a-1206 (5).
6884 Section 190. Section 63G-6a-1903 , which is renumbered from Section 63G-6-818 is
6885 renumbered and amended to read:
6886 [
6887 If [
6888 administrative or judicial review that a [
6889 contract is in violation of law, the [
6890 cancelled or revised to comply with the law.
6891 Section 191. Section 63G-6a-1904 , which is renumbered from Section 63G-6-819 is
6892 renumbered and amended to read:
6893 [
6894 If, after [
6895 administrative or judicial review that a [
6896 violation of law:
6897 (1) if the person awarded the contract [
6898 faith:
6899 (a) the contract may be ratified and affirmed if it is [
6900 best interests of the state; or
6901 (b) (i) the contract may be terminated; and
6902 (ii) the person awarded the contract shall be compensated for the actual expenses
6903 reasonably incurred under the contract [
6904 profit;
6905 (2) if the person awarded the contract has acted fraudulently or in bad faith:
6906 (a) the contract may be declared null and void; or
6907 (b) the contract may be ratified and affirmed if [
6908 the state, without prejudice to the state's rights to any appropriate damages.
6909 Section 192. Section 63G-6a-1905 , which is renumbered from Section 63G-6-820 is
6910 renumbered and amended to read:
6911 [
6912 (1) Except as provided in Subsection (2), in controversies between the state and
6913 contractors under this part, Part 16, Controversies and Protests, Part 17, Procurement Appeals
6914 Board, or Part 18, Appeals to Court and Court Proceedings, interest on amounts ultimately
6915 determined to be due to a contractor or [
6916 judgments from the date the claim arose through the date of decision or judgment, whichever is
6917 later.
6918 (2) This section does not apply to public assistance benefits programs.
6919 Section 193. Section 63G-6a-2001 is enacted to read:
6920
6921 63G-6a-2001. Title.
6922 This part is known as "Records."
6923 Section 194. Section 63G-6a-2002 , which is renumbered from Section 63G-6-106 is
6924 renumbered and amended to read:
6925 [
6926 (1) All procurement records shall be retained and disposed of in accordance with Title
6927 63G, Chapter 2, Government Records Access and Management Act.
6928 (2) Written determinations required by this chapter shall [
6929 appropriate official contract file of [
6930
6931 (a) the division;
6932 (b) the state purchasing unit; or
6933 (c) for a non-executive state procurement unit, the person designated by rule made by
6934 the applicable rulemaking authority.
6935 (3) A public procurement unit shall keep, and make available to the public, upon
6936 request, a written record of all procurements made under this section for which an expenditure
6937 of $50 or more is made, for the longer of:
6938 (a) four years;
6939 (b) the time otherwise required by law; or
6940 (c) the time period provided by rule made by the applicable rulemaking authority.
6941 (4) The written record described in Subsection (3) shall include:
6942 (a) the name of the provider from whom the procurement was made;
6943 (b) a description of the procurement item;
6944 (c) the date of the procurement; and
6945 (d) the expenditure made for the procurement.
6946 Section 195. Section 63G-6a-2003 , which is renumbered from Section 63G-6-421 is
6947 renumbered and amended to read:
6948 [
6949 Contract requirements.
6950 The [
6951 purchasing entity shall maintain a record listing all contracts made under Section [
6952
6953 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
6954 The record shall contain each contractor's name, the amount and type of each contract, and a
6955 listing of the [
6956 items to which the contract relates .
6957 Section 196. Section 63G-6a-2004 , which is renumbered from Section 63G-6-905 is
6958 renumbered and amended to read:
6959 [
6960 information on procurement items.
6961 (1) To the extent possible, the chief procurement officer may collect information
6962 concerning the type, cost, quality, and quantity of commonly used [
6963
6964 [
6965 (2) The chief procurement officer may make the information described in Subsection
6966 (1) available to any public procurement unit upon request.
6967 Section 197. Section 63G-6a-2101 is enacted to read:
6968
6969 63G-6a-2101. Title.
6970 This part is known as "Interaction Between Public Procurement Units."
6971 Section 198. Section 63G-6a-2102 , which is renumbered from Section 63G-6-901 is
6972 renumbered and amended to read:
6973 [
6974 units.
6975 [
6976 (1) For purposes of this section only, "public procurement unit" includes an external
6977 procurement unit.
6978 (2) A public procurement unit may enter into [
6979 more other public procurement units to:
6980 [
6981 or disposal of [
6982 [
6983 [
6984 facilities;
6985 [
6986 procurement unit [
6987 direct and indirect cost of providing the personnel, in accordance with the agreement; or
6988 [
6989 (i) the requirements of the public procurement unit tendering the services [
6990 precedence over the [
6991 (ii) the [
6992 of the services [
6993 (3) If a public procurement unit does not have the expertise necessary to administer a
6994 particular procurement, the public procurement unit may enter into an agreement for
6995 administration of the procurement with:
6996 (a) another public procurement unit; or
6997 (b) a person that is under contract to administer procurements.
6998 Section 199. Section 63G-6a-2103 , which is renumbered from Section 63G-6-902 is
6999 renumbered and amended to read:
7000 [
7001 (1) Upon request, [
7002 [
7003 (a) standard forms;
7004 (b) printed manuals;
7005 (c) qualified products lists;
7006 (d) source information;
7007 (e) common use commodities listings;
7008 (f) supplier prequalification information;
7009 (g) supplier performance ratings;
7010 (h) debarred and suspended bidders lists;
7011 (i) forms for invitation for bids, requests for proposals, instructions to bidders, general
7012 contract provisions, and [
7013 (j) contracts or published summaries [
7014 delivery information.
7015 (2) [
7016 [
7017 (a) development of specifications;
7018 (b) development of quality assurance test methods, including receiving, inspection, and
7019 acceptance procedures;
7020 (c) use of testing and inspection facilities; [
7021 (d) use of personnel training programs.
7022 (3) Public procurement units may enter into contractual arrangements and publish a
7023 schedule of fees for the services provided under Subsections (1) and (2).
7024 Section 200. Section 63G-6a-2104 , which is renumbered from Section 63G-6-904 is
7025 renumbered and amended to read:
7026 [
7027 pursuant to agreement considered compliance by others to agreement.
7028 [
7029 cooperative purchase complies with the requirements of this chapter, any public procurement
7030 unit participating in [
7031 chapter. [
7032 (2) A public procurement unit may not enter into a cooperative purchasing agreement
7033 for the purpose of circumventing this chapter.
7034 Section 201. Section 63G-6a-2105 , which is renumbered from Section 63G-6-424 is
7035 renumbered and amended to read:
7036 [
7037 public procurement units in agreements or contracts of public procurement units.
7038 [
7039 (1) A Utah county or municipality may purchase [
7040 in [
7041 public procurement unit.
7042 (2) A state purchasing unit or a Utah public procurement unit may:
7043 (a) contract with the federal government without going through a procurement process
7044 or an exception to a procurement process;
7045 (b) purchase under, or otherwise participate in, an agreement or contract of another
7046 Utah public procurement unit; or
7047 (c) purchase under, or otherwise participate in, an agreement or contract of an external
7048 public procurement unit, if:
7049 (i) the procurement was conducted in accordance with the requirements of this chapter;
7050 and
7051 (ii) the Utah participating addendum to the contract contains the terms and conditions
7052 required by the applicable rulemaking authority that enters into the Utah participating
7053 addendum.
7054 (3) A public transit district, organized under Title 17B, Chapter 2a, Part 8, Public
7055 Transit District Act, may, without going through a procurement process or an exception to a
7056 procurement process, contract with a county or municipality to receive money from the county
7057 or municipality to fund a transportation project.
7058 Section 202. Section 63G-6a-2201 is enacted to read:
7059
7060 63G-6a-2201. Title.
7061 This part is known as "Ethical Requirements."
7062 Section 203. Section 63G-6a-2202 is enacted to read:
7063 63G-6a-2202. Ethical requirements for public procurement.
7064 (1) As used in this section, "ethics provisions of the model procurement code" means
7065 the following provisions of Article 12 of the 2000 American Bar Association Model
7066 Procurement Code for State and Local Governments:
7067 (a) Section 12-202, General Standards of Ethical Conduct;
7068 (b) Section 12-204, Employee Conflict of Interest;
7069 (c) Section 12-205, Employee Disclosure Requirements;
7070 (d) Section 12-206, Gratuities and Kickbacks;
7071 (e) Section 12-207, Prohibition Against Contingent Fees;
7072 (f) Section 12-208, Restrictions on Employment of Present and Former Employees;
7073 and
7074 (g) Section 12-209, Use of Confidential Information.
7075 (2) The applicable rulemaking authority shall make rules that prescribe ethical
7076 standards for its agents and employees in relation to a procurement.
7077 (3) The ethical standards described in Subsection (2) shall be based upon the general
7078 principles of the ethics provisions of the model procurement code.
7079 (4) The applicable rulemaking authority:
7080 (a) is not required to adopt or implement any of the specific provisions of the ethics
7081 provisions of the model procurement code; and
7082 (b) may not adopt any provision of the ethics provisions of the model procurement
7083 code that conflict with this chapter.
7084 (5) A public entity shall advise its employees and agents who are involved in a
7085 procurement process for the public entity regarding the following provisions and the penalties
7086 associated with those provisions:
7087 (a) the provisions of this part and rules made under this part;
7088 (b) Subsections 63G-6a-408 (4) and (5), relating to artificially dividing a procurement;
7089 (c) Section 63G-6a-2303 , Offering a gratuity;
7090 (d) Section 63G-6a-2304 , Accepting or requesting a gratuity;
7091 (e) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
7092 (f) Section 76-8-103 , Bribery or offering a bribe;
7093 (g) Section 76-8-105 , Receiving or soliciting bribe or bribery by public servant ; and
7094 (h) Section 76-8-402 . Misusing public money.
7095 Section 204. Section 63G-6a-2301 is enacted to read:
7096
7097 63G-6a-2301. Title.
7098 This part is known as "Unlawful Conduct and Penalties."
7099 Section 205. Section 63G-6a-2302 , which is renumbered from Section 63G-6-420 is
7100 renumbered and amended to read:
7101 [
7102 collusion suspected.
7103 [
7104 anticompetitive practices [
7105 unit shall transmit a notice of the relevant facts [
7106 Section 206. Section 63G-6a-2303 is enacted to read:
7107 63G-6a-2303. Offering a gratuity.
7108 (1) As used in this section, "interested person" means a person who is interested in any
7109 way in the sale of a procurement item, real property, or insurance to a public entity.
7110 (2) Except as provided in Subsection (5), it is unlawful for an interested person to give,
7111 offer, or promise to give an emolument, gratuity, contribution, loan, or reward to:
7112 (a) a procurement officer of the public entity that is seeking to obtain the procurement
7113 item;
7114 (b) any employee, official, or agent of the public entity that is seeking to obtain the
7115 procurement item; or
7116 (c) another person or entity on behalf of a person described in Subsection (2)(a) or (b).
7117 (3) The conduct described in Subsection (2) is unlawful, regardless of whether the
7118 emolument, gratuity, contribution, loan, or reward is given for:
7119 (a) the person's own use; or
7120 (b) the use or benefit of any other person.
7121 (4) A person who violates this section is guilty of:
7122 (a) a felony of the second degree if the total value of the emolument, gratuity,
7123 contribution, loan, or reward is $1,000 or more;
7124 (b) a felony of the third degree if the total value of the emolument, gratuity,
7125 contribution, loan, or reward is $250 or more, but less then $1,000;
7126 (c) a class A misdemeanor if the value of the emolument, gratuity, contribution, loan,
7127 or reward is $100 or more, but less than $250; or
7128 (d) a class B misdemeanor if the value of the emolument, gratuity, contribution, loan,
7129 or reward is less than $100.
7130 (5) A person is not guilty of a violation of this section if:
7131 (a) (i) the gift is an item of less than $10 in value;
7132 (ii) the total value of all gifts given by the person to a person described in Subsection
7133 (2), or another person in that person's behalf, during that calendar year does not exceed $50;
7134 and
7135 (iii) the gift is not given with the intent to induce a person to make a procurement
7136 decision in reciprocation for the gift; or
7137 (b) the gift:
7138 (i) is a philanthropic donation to a government entity; and
7139 (ii) is not given with the intent to induce a person to make a procurement decision in
7140 reciprocation for the gift.
7141 Section 207. Section 63G-6a-2304 is enacted to read:
7142 63G-6a-2304. Accepting or requesting a gratuity.
7143 (1) As used in this section, "associate" means any of the following:
7144 (a) the chief procurement officer;
7145 (b) a procurement officer;
7146 (c) a public employee;
7147 (d) a public official; or
7148 (e) an agent of a public entity.
7149 (2) Except as provided in Subsection (4), it is unlawful for an associate of a public
7150 entity that is engaged in obtaining a procurement item, real property, or insurance to ask,
7151 receive, offer to receive, accept, or ask for a promise to receive, an emolument, gratuity,
7152 contribution, loan, or reward for the associate's own use or benefit, or the use or benefit of any
7153 other person interested in the procurement item, real property, or insurance.
7154 (3) A person who violates this section is guilty of:
7155 (a) a felony of the second degree if the total value of the emolument, gratuity,
7156 contribution, loan, or reward is $1,000 or more;
7157 (b) a felony of the third degree if the total value of the emolument, gratuity,
7158 contribution, loan, or reward is $250 or more, but less then $1,000;
7159 (c) a class A misdemeanor if the value of the emolument, gratuity, contribution, loan,
7160 or reward is $100 or more, but less than $250; or
7161 (d) a class B misdemeanor if the value of the emolument, gratuity, contribution, loan,
7162 or reward is less than $100.
7163 (4) A person is not guilty of a violation of this section if:
7164 (a) (i) the associate receives a gift of less than $10 in value;
7165 (ii) the total value of all gifts received by the associate from the same person during
7166 that calendar year does not exceed $50; and
7167 (iii) the associate does not make a procurement decision, or intend to make a
7168 procurement decision, in reciprocation for the gift; or
7169 (b) the associate:
7170 (i) receives a philanthropic donation on behalf of a government entity; and
7171 (ii) does not make a procurement decision, or intend to make a procurement decision,
7172 in reciprocation for the donation.
7173 Section 208. Section 63G-6a-2305 is enacted to read:
7174 63G-6a-2305. Penalties for artificially dividing a purchase.
7175 A person who violates Subsection 63G-6a-408 (4) or (5) is guilty of:
7176 (1) a felony of the second degree if the total value of the divided procurements is
7177 $1,000,000 or more;
7178 (2) a felony of the third degree if the total value of the divided procurements is
7179 $250,000 or more, but less than $1,000,000;
7180 (3) a class A misdemeanor if the total value of the divided procurements is $100,000 or
7181 more, but less than $250,000; or
7182 (4) a class B misdemeanor if the total value of the divided procurements is less than
7183 $100,000.
7184 Section 209. Section 63G-6a-2306 is enacted to read:
7185 63G-6a-2306. Penalties.
7186 (1) Except as provided in Subsection (2), in addition to any penalty contained in any
7187 other provision of law, a public officer or public employee who intentionally violates a
7188 provision of Section 63G-6a-2303 , Section 63G-6a-2304 , or Section 63G-6a-2305 shall be
7189 dismissed from employment or removed from office.
7190 (2) An elected official who intentionally violates a provision of Section 63G-6a-2303 ,
7191 Section 63G-6a-2304 , or Section 63G-6a-2305 may only be removed from office in accordance
7192 with the requirements of law relating to removal of the elected official from office.
7193 (3) Except as provided in Subsection (4), a public officer or public employee who
7194 intentionally violates a provision of this chapter, including Part 22, Ethical Requirements, is
7195 subject to disciplinary action, up to and including dismissal from employment or dismissal
7196 from office.
7197 (4) An elected official who intentionally violates a provision of this chapter, including
7198 Part 22, Ethical Requirements, may only be disciplined or removed from office in accordance
7199 with the requirements of law relating to discipline of the elected official or removal of the
7200 elected official from office.
7201 Section 210. Section 63G-6a-2307 is enacted to read:
7202 63G-6a-2307. Contract awarded in relation to criminal conduct void.
7203 If a person who is awarded a contract intentionally violates a provision of Section
7204 63G-6a-2303 or Section 63G-6a-2304 in relation to the contract, the contract is void and
7205 unenforceable.
7206 Section 211. Section 63G-7-804 is amended to read:
7207 63G-7-804. Liability insurance -- Methods for purchase or renewal.
7208 (1) Except as provided in Subsection (2), a contract or policy of insurance may be
7209 purchased or renewed under this chapter only upon public bid to be let to the lowest and best
7210 bidder.
7211 (2) The purchase or renewal of insurance by the state shall be conducted in accordance
7212 with the provisions of Title 63G, Chapter [
7213 Section 212. Section 63G-10-403 is amended to read:
7214 63G-10-403. Department of Transportation bid or request for proposals protest
7215 settlement agreement approval and review.
7216 (1) As used in this section:
7217 (a) "Department" means the Department of Transportation created in Section 72-1-201 .
7218 (b) "Settlement agreement" includes stipulations, consent decrees, settlement
7219 agreements, or other legally binding documents or representations resolving a dispute between
7220 the department and another party when the department is required to pay money or required to
7221 take legally binding action.
7222 (2) The department shall obtain the approval of the Transportation Commission or the
7223 governor or review by the Legislative Management Committee of a settlement agreement that
7224 involves a bid or request for proposal protest in accordance with this section.
7225 (3) A settlement agreement that is being settled by the department as part of a bid or
7226 request for proposal protest, in accordance with Section [
7227 cost government entities more than $100,000 to implement shall be presented to the
7228 Transportation Commission for approval or rejection.
7229 (4) A settlement agreement that is being settled by the department as part of a bid or
7230 request for proposal protest, in accordance with Section [
7231 cost government entities more than $500,000 to implement shall be presented:
7232 (a) to the Transportation Commission for approval or rejection; and
7233 (b) to the governor for approval or rejection.
7234 (5) (a) A settlement agreement that is being settled by the department as part of a bid or
7235 request for proposal protest, in accordance with Section [
7236 cost government entities more than $1,000,000 to implement shall be presented:
7237 (i) to the Transportation Commission for approval or rejection;
7238 (ii) to the governor for approval or rejection; and
7239 (iii) if the settlement agreement is approved by the Transportation Commission and the
7240 governor, to the Legislative Management Committee.
7241 (b) The Legislative Management Committee may recommend approval or rejection of
7242 the settlement agreement.
7243 (6) (a) The department may not enter into a settlement agreement that resolves a bid or
7244 request for proposal protest, in accordance with Section [
7245 cost government entities more than $100,000 to implement until the Transportation
7246 Commission has approved the agreement.
7247 (b) The department may not enter into a settlement agreement that resolves a bid or
7248 request for proposal protest, in accordance with Section [
7249 cost government entities more than $500,000 to implement until the Transportation
7250 Commission and the governor have approved the agreement.
7251 (c) The department may not enter into a settlement agreement that resolves a bid or
7252 request for proposal protest, in accordance with Section [
7253 cost government entities more than $1,000,000 to implement until:
7254 (i) the Transportation Commission has approved the agreement;
7255 (ii) the governor has approved the agreement; and
7256 (iii) the Legislative Management Committee has reviewed the agreement.
7257 Section 213. Section 63H-2-504 is amended to read:
7258 63H-2-504. Relation to other state statutes.
7259 (1) The authority is subject to review by the Retirement and Independent Entities
7260 Committee in accordance with Title 63E, Chapter 1, Independent Entities Act.
7261 (2) The authority is subject to:
7262 (a) Title 51, Chapter 5, Funds Consolidation Act;
7263 (b) Title 51, Chapter 7, State Money Management Act;
7264 (c) Title 52, Chapter 4, Open and Public Meetings Act;
7265 (d) Title 63A, Utah Administrative Services Code;
7266 (e) Title 63G, Chapter 2, Government Records Access and Management Act;
7267 (f) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
7268 (g) Title 63G, Chapter 4, Administrative Procedures Act;
7269 (h) Title 63G, Chapter [
7270 (i) Title 63J, Chapter 1, Budgetary Procedures Act;
7271 (j) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
7272 (k) Title 67, Chapter 19, Utah State Personnel Management Act.
7273 Section 214. Section 63H-3-109 is amended to read:
7274 63H-3-109. Relation to certain acts.
7275 (1) The authority is exempt from:
7276 (a) Title 51, Chapter 5, Funds Consolidation Act;
7277 (b) Title 63A, Chapter 1, Department of Administrative Services;
7278 (c) Title 63G, Chapter [
7279 (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
7280 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
7281 (2) The authority is subject to audit by:
7282 (a) the state auditor pursuant to Title 67, Chapter 3, Auditor; and
7283 (b) the legislative auditor general pursuant to Section 36-12-15 .
7284 (3) The authority shall annually report to the Retirement and Independent Entities
7285 Committee created under Section 63E-1-201 concerning the authority's implementation of this
7286 part.
7287 Section 215. Section 63H-4-108 is amended to read:
7288 63H-4-108. Relation to certain acts.
7289 (1) The authority is exempt from:
7290 (a) Title 51, Chapter 5, Funds Consolidation Act;
7291 (b) Title 63A, Utah Administrative Services Code;
7292 (c) Title 63G, Chapter [
7293 (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
7294 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
7295 (2) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3,
7296 Auditor, and by the legislative auditor general pursuant to Section 36-12-15 .
7297 Section 216. Section 63H-5-108 is amended to read:
7298 63H-5-108. Relation to certain acts.
7299 (1) The authority is exempt from:
7300 (a) Title 51, Chapter 5, Funds Consolidation Act;
7301 (b) Title 63A, Chapter 1, Department of Administrative Services;
7302 (c) Title 63G, Chapter [
7303 (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
7304 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
7305 (2) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3,
7306 Auditor, and by the legislative auditor general pursuant to Section 36-12-15 .
7307 Section 217. Section 63H-6-103 is amended to read:
7308 63H-6-103. Utah State Fair Corporation -- Legal status -- Powers.
7309 (1) There is created an independent public nonprofit corporation known as the "Utah
7310 State Fair Corporation."
7311 (2) The board shall file articles of incorporation for the corporation with the Division
7312 of Corporations and Commercial Code.
7313 (3) The corporation, subject to this chapter, has all powers and authority permitted
7314 nonprofit corporations by law.
7315 (4) The corporation shall, subject to approval of the board:
7316 (a) have general management, supervision, and control over all activities relating to the
7317 state fair and have charge of all state expositions except as otherwise provided by statute;
7318 (b) for public entertainment, displays, and exhibits or similar events:
7319 (i) provide, sponsor, or arrange the events;
7320 (ii) publicize and promote the events; and
7321 (iii) secure funds to cover the cost of the exhibits from:
7322 (A) private contributions;
7323 (B) public appropriations;
7324 (C) admission charges; and
7325 (D) other lawful means;
7326 (c) establish the time, place, and purpose of state expositions; and
7327 (d) acquire and designate exposition sites.
7328 (5) (a) The corporation shall:
7329 (i) use generally accepted accounting principals in accounting for its assets, liabilities,
7330 and operations;
7331 (ii) seek corporate sponsorships for the state fair park and for individual buildings or
7332 facilities within the fair park;
7333 (iii) work with county and municipal governments, the Salt Lake Convention and
7334 Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
7335 expositions and the use of the state fair park;
7336 (iv) develop and maintain a marketing program to promote expositions and the use of
7337 the state fair park;
7338 (v) in cooperation with the Division of Facilities Construction and Management,
7339 maintain the physical appearance and structural integrity of the state fair park and the buildings
7340 located at the state fair park;
7341 (vi) hold an annual exhibition that:
7342 (A) is called the state fair or a similar name;
7343 (B) includes expositions of livestock, poultry, agricultural, domestic science,
7344 horticultural, floricultural, mineral, and industrial products, manufactured articles, and
7345 domestic animals that, in the corporation's opinion will best stimulate agricultural, industrial,
7346 artistic, and educational pursuits and the sharing of talents among the people of Utah;
7347 (C) includes the award of premiums for the best specimens of the exhibited articles and
7348 animals;
7349 (D) permits competition by livestock exhibited by citizens of other states and territories
7350 of the United States; and
7351 (E) is arranged according to plans approved by the board;
7352 (vii) fix the conditions of entry to the exposition described in Subsection (5)(a)(vi); and
7353 (viii) publish a list of premiums that will be awarded at the exhibition described in
7354 Subsection (5)(a)(vi) for the best specimens of exhibited articles and animals.
7355 (b) In addition to the state fair to be held in accordance with Subsection (5)(a)(vi), the
7356 corporation may hold other exhibitions of livestock, poultry, agricultural, domestic science,
7357 horticultural, floricultural, mineral, and industrial products, manufactured articles, and
7358 domestic animals that, in its opinion, will best stimulate agricultural, industrial, artistic, and
7359 educational pursuits and the sharing of talents among the people of Utah.
7360 (6) The corporation may:
7361 (a) employ advisers, consultants, and agents, including financial experts and
7362 independent legal counsel, and fix their compensation;
7363 (b) procure insurance against any loss in connection with its property and other assets,
7364 including mortgage loans;
7365 (c) receive and accept aid or contributions of money, property, labor, or other things of
7366 value from any source, including any grants or appropriations from any department, agency, or
7367 instrumentality of the United States or Utah;
7368 (d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
7369 purposes of the corporation, subject to the conditions, if any, upon which the aid and
7370 contributions were made;
7371 (e) enter into management agreements with any person or entity for the performance of
7372 its functions or powers;
7373 (f) establish whatever accounts and procedures as necessary to budget, receive, and
7374 disburse, account for, and audit all funds received, appropriated, or generated;
7375 (g) enter into agreements for the leasing of any of the facilities at the state fair park, if
7376 approved by the board; and
7377 (h) sponsor events as approved by the board.
7378 (7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
7379 corporation is exempt from:
7380 (i) Title 51, Chapter 5, Funds Consolidation Act;
7381 (ii) Title 51, Chapter 7, State Money Management Act;
7382 (iii) Title 63A, Utah Administrative Services Code;
7383 (iv) Title 63G, Chapter [
7384 (v) Title 63J, Chapter 1, Budgetary Procedures Act; and
7385 (vi) Title 67, Chapter 19, Utah State Personnel Management Act.
7386 (b) The board shall adopt policies parallel to and consistent with:
7387 (i) Title 51, Chapter 5, Funds Consolidation Act;
7388 (ii) Title 51, Chapter 7, State Money Management Act;
7389 (iii) Title 63A, Utah Administrative Services Code;
7390 (iv) Title 63G, Chapter [
7391 (v) Title 63J, Chapter 1, Budgetary Procedures Act.
7392 (c) The corporation shall comply with the legislative approval requirements for new
7393 facilities established in Subsection 63A-5-104 (3).
7394 Section 218. Section 63I-1-263 is amended to read:
7395 63I-1-263. Repeal dates, Titles 63A to 63M.
7396 (1) Section 63A-4-204 , authorizing the Risk Management Fund to provide coverage to
7397 any public school district which chooses to participate, is repealed July 1, 2016.
7398 (2) Section 63A-5-603 , State Facility Energy Efficiency Fund, is repealed July 1, 2016.
7399 (3) Section 63C-8-106 , rural residency training program, is repealed July 1, 2015.
7400 (4) Title 63C, Chapter 13, Prison Relocation and Development Authority Act, is
7401 repealed July 1, 2014.
7402 (5) Subsection [
7403 agencies to award a contract for a design-build transportation project in certain circumstances,
7404 is repealed July 1, 2015.
7405 (6) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
7406 2020.
7407 (7) The Resource Development Coordinating Committee, created in Section
7408 63J-4-501 , is repealed July 1, 2015.
7409 (8) Title 63M, Chapter 1, Part 4, Enterprise Zone Act, is repealed July 1, 2018.
7410 (9) (a) Title 63M, Chapter 1, Part 11, Recycling Market Development Zone Act, is
7411 repealed January 1, 2021.
7412 (b) Subject to Subsection (9)(c), Sections 59-7-610 and 59-10-1007 regarding tax
7413 credits for certain persons in recycling market development zones, are repealed for taxable
7414 years beginning on or after January 1, 2012.
7415 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007 :
7416 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
7417 59-10-1007 , if the machinery or equipment is purchased on or after January 1, 2012; or
7418 (ii) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), if
7419 the expenditure is made on or after January 1, 2012.
7420 (d) Notwithstanding Subsections (9)(b) and (c), a person may carry forward a tax credit
7421 in accordance with Section 59-7-610 or 59-10-1007 if:
7422 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007 ; and
7423 (ii) (A) for the purchase price of machinery or equipment described in Section
7424 59-7-610 or 59-10-1007 , the machinery or equipment is purchased on or before December 31,
7425 2011; or
7426 (B) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), the
7427 expenditure is made on or before December 31, 2011.
7428 (10) The Crime Victim Reparations and Assistance Board, created in Section
7429 63M-7-504 , is repealed July 1, 2017.
7430 (11) Title 63M, Chapter 8, Utah Commission for Women and Families Act, is repealed
7431 July 1, 2011.
7432 (12) Title 63M, Chapter 9, Families, Agencies, and Communities Together for
7433 Children and Youth At Risk Act, is repealed July 1, 2016.
7434 (13) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2012.
7435 Section 219. Section 63M-1-2602 is amended to read:
7436 63M-1-2602. Definitions.
7437 As used in this part:
7438 (1) "Affected department" means, as applicable, the Board of Education or the
7439 Department of Technology Services.
7440 (2) "Board" means the Board of Business and Economic Development created under
7441 Section 63M-1-301 .
7442 (3) "Board of Education" means the Utah State Board of Education.
7443 (4) "Chief procurement officer" means the chief procurement officer appointed under
7444 Section [
7445 (5) "Committee" means the proposal review committee created under Section
7446 63M-1-2604 .
7447 (6) "Day" means a calendar day.
7448 (7) "Director" is as defined in Section 63M-1-102 .
7449 (8) "Executive Appropriations Committee" means the Legislature's Executive
7450 Appropriations Committee.
7451 (9) "Information technology" is as defined in Section 63F-1-102 .
7452 (10) "Office" means the Governor's Office of Economic Development created under
7453 Section 63M-1-201 .
7454 (11) "Private entity" means a person submitting a proposal under this part for the
7455 purpose of entering into a project.
7456 (12) "Project" means the subject of a proposal or an agreement for the procurement or
7457 disposal of:
7458 (a) information technology or telecommunications products or services; or
7459 (b) supplies or services for or on behalf of the Department of Technology Services or
7460 the Board of Education.
7461 (13) "Proposal" means an unsolicited offer by a private entity to undertake a project,
7462 including an initial proposal under Section 63M-1-2605 and a detailed proposal under Section
7463 63M-1-2608 .
7464 (14) "Services" is as defined in Section [
7465 (15) "Supplies" is as defined in Section [
7466 (16) "Telecommunications" is as defined in Section 63F-1-102 .
7467 Section 220. Section 63M-1-2603 is amended to read:
7468 63M-1-2603. Government Procurement Private Proposal Program -- Proposals --
7469 Rulemaking.
7470 (1) There is created within the office the Government Procurement Private Proposal
7471 Program.
7472 (2) In accordance with this part, the board may:
7473 (a) accept a proposal for a project;
7474 (b) solicit comments, suggestions, and modifications to a project in accordance with
7475 Section [
7476 (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
7477 Rulemaking Act, establishing requirements, including time limits for any action required by the
7478 affected department, a directly affected state entity or school district, or the Governor's Office
7479 of Planning and Budget, for the procurement of a project to the extent not governed by Title
7480 63G, Chapter [
7481 Section 221. Section 63M-1-2605 is amended to read:
7482 63M-1-2605. Initial proposal -- Requirements.
7483 (1) In accordance with this part, a private entity may at any time submit to the
7484 committee an initial proposal for a project.
7485 (2) An initial proposal shall include:
7486 (a) a conceptual description of the project;
7487 (b) a description of the economic benefit of the project to the state and the affected
7488 department;
7489 (c) information concerning the products, services, and supplies currently being
7490 provided by the state, that are similar to the project;
7491 (d) an estimate of the following costs associated with the project:
7492 (i) design;
7493 (ii) implementation;
7494 (iii) operation and maintenance; and
7495 (iv) any other related project cost; and
7496 (e) the name and address of a person who may be contacted for further information
7497 concerning the initial proposal.
7498 (3) A private entity submitting an initial proposal under this section shall pay the fee
7499 required by Section 63M-1-2612 when the initial proposal is submitted.
7500 (4) An initial proposal submitted under this section is a protected record under Title
7501 63G, Chapter 2, Government Records Access and Management Act, until the chief
7502 procurement officer initiates a procurement process in accordance with Section [
7503 63G-6a-711 .
7504 (5) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
7505 Administrative Rulemaking Act, detailing the portions of an initial proposal that remain
7506 protected after the chief procurement officer initiates a procurement process.
7507 Section 222. Section 63M-1-2606 is amended to read:
7508 63M-1-2606. Review of initial proposal -- Affected department review.
7509 (1) The committee shall review and evaluate an initial proposal submitted in
7510 accordance with:
7511 (a) this part; and
7512 (b) any rule established by the board under Section 63M-1-2603 .
7513 (2) If the committee, in its sole discretion, determines to proceed with the project, the
7514 committee shall submit a copy of the initial proposal to:
7515 (a) the affected department; and
7516 (b) the Governor's Office of Planning and Budget.
7517 (3) (a) An affected department, directly affected state entity, and school district
7518 receiving a copy of the initial proposal under Subsection (2) or (4) shall review the initial
7519 proposal and provide the committee with any comment, suggestion, or modification to the
7520 project.
7521 (b) After receiving an initial proposal, the Governor's Office of Planning and Budget
7522 shall prepare an economic feasibility report containing:
7523 (i) information concerning the economic feasibility and effectiveness of the project
7524 based upon competent evidence;
7525 (ii) a dollar amount representing the total estimated fiscal impact of the project to the
7526 affected department and the state; and
7527 (iii) any other matter the committee requests or is required by the board by rule.
7528 (4) In reviewing an initial proposal, the affected department shall share the initial
7529 proposal with any other state entity or school district that will be directly affected if the
7530 proposal is ultimately adopted, if the confidentiality of the initial proposal is maintained.
7531 (5) If the committee determines to proceed with the project, the committee shall submit
7532 a copy of the initial proposal, including any comment, suggestion, or modification to the initial
7533 proposal, to:
7534 (a) the chief procurement officer in accordance with Section [
7535 63G-6a-711 ; and
7536 (b) the Executive Appropriations Committee, for informational purposes.
7537 (6) Before taking any action under Subsection (5), the committee shall consider:
7538 (a) any comment, suggestion, or modification to the initial proposal submitted in
7539 accordance with Subsection (3);
7540 (b) the extent to which the project is practical, efficient, and economically beneficial to
7541 the state and the affected department;
7542 (c) the economic feasibility report prepared by the Governor's Office of Planning and
7543 Budget; and
7544 (d) any other reasonable factor identified by the committee or required by the board by
7545 rule.
7546 Section 223. Section 63M-1-2607 is amended to read:
7547 63M-1-2607. Acceptance of initial proposal -- Obtaining detailed proposals.
7548 (1) If an initial proposal is accepted under Section 63M-1-2606 , the chief procurement
7549 officer shall:
7550 (a) take action under Section [
7551 process to obtain one or more detailed proposals using information from portions of the initial
7552 proposal that are not protected records under Title 63G, Chapter 2, Government Records [
7553 Access and Management Act;
7554 (b) consult with the committee during the procurement process; and
7555 (c) submit all detailed proposals that meet the guidelines established under Subsection
7556 63M-1-2608 (1), including the detailed proposal submitted by the private entity that submitted
7557 the initial proposal for the project, to:
7558 (i) the committee; and
7559 (ii) the Governor's Office of Planning and Budget.
7560 (2) The office is considered the purchasing agency for a procurement process initiated
7561 under this part.
7562 Section 224. Section 63M-1-2608 is amended to read:
7563 63M-1-2608. Detailed proposal -- Requirements -- Cooperation of affected
7564 department.
7565 (1) A detailed proposal submitted in response to a procurement process initiated under
7566 Section 63M-1-2607 shall include:
7567 (a) a conceptual description of the project, including the scope of the work;
7568 (b) a description of the economic benefit of the project to the state and the affected
7569 department;
7570 (c) an estimate of the design, implementation, operation, maintenance, or other costs
7571 associated with the project;
7572 (d) information concerning the information technology or telecommunication product
7573 and service or other supply or service currently provided by the state that is similar to the
7574 project being proposed, if applicable;
7575 (e) a statement setting forth the private entity's general plan for financing the project,
7576 including any appropriation by the Legislature or other public money and, if applicable, the
7577 sources of the private entity's funds and identification of any dedicated revenue source or
7578 proposed debt or equity investment on behalf of the private entity;
7579 (f) the name and address of the person who may be contacted for further information
7580 concerning the detailed proposal;
7581 (g) a statement describing the private entity's experience with other similar projects and
7582 a description of why the private entity is best qualified for the project; and
7583 (h) any other information:
7584 (i) reasonably requested by the affected department or the committee, or required by
7585 the board by rule; or
7586 (ii) that the private entity considers necessary or appropriate to complete or describe
7587 the detailed proposal.
7588 (2) To assist each private entity in preparing a detailed proposal:
7589 (a) the affected department shall provide each private entity with access to all
7590 information, records, documents, and reports related to the proposal and the project that are
7591 designated public records under Title 63G, Chapter 2, Government Records Access and
7592 Management Act; and
7593 (b) the affected department and the committee shall cooperate with each private entity
7594 to assist the private entity in the development of a detailed proposal that is:
7595 (i) practical;
7596 (ii) efficient; and
7597 (iii) economically beneficial to the state and the affected department.
7598 (3) The committee or any private entity may choose to terminate the development of
7599 the detailed proposal at any time before the submission of the detailed proposal to the chief
7600 procurement officer under Section [
7601 Section 225. Section 63M-1-2610 is amended to read:
7602 63M-1-2610. Project agreement.
7603 (1) If the board accepts the detailed proposal, the director shall:
7604 (a) prepare a project agreement in consultation with the affected department and any
7605 other state entity directly impacted by the detailed proposal; and
7606 (b) enter into the project agreement with the private entity.
7607 (2) A project agreement shall be signed by the director, the affected department, a
7608 directly affected state entity or school district, and the private entity.
7609 (3) A project agreement shall include provisions concerning:
7610 (a) the scope of the project;
7611 (b) the pricing method of the project;
7612 (c) the director's or the state's ability to terminate for convenience or for default, and
7613 any termination compensation to be paid to the private entity, if applicable;
7614 (d) the ability to monitor performance under the project agreement;
7615 (e) the appropriate limits of liability;
7616 (f) the appropriate transition of services, if applicable;
7617 (g) the exceptions from applicable rules and procedures for the implementation and
7618 administration of the project by the affected department, if any;
7619 (h) the clauses and remedies applicable to state contracts under Title 63G, Chapter [
7620
7621 (i) any other matter reasonably requested by the committee or required by the board by
7622 rule.
7623 (4) A copy of the signed project agreement shall be submitted to:
7624 (a) the affected department; and
7625 (b) the Executive Appropriations Committee.
7626 (5) A project agreement is considered a contract under Title 63G, Chapter [
7627 Procurement Code.
7628 (6) The affected department shall implement and administer the project agreement in
7629 accordance with rules made under Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7630 except as modified by the project agreement under Subsection (3)(g).
7631 Section 226. Section 64-13a-13 is amended to read:
7632 64-13a-13. Purchases of material -- Exemption.
7633 (1) The Division of Correctional Industries is exempt from the provisions of Title 63G,
7634 Chapter [
7635 the department.
7636 (2) The purchase of raw materials for use by the division in manufacturing or
7637 processing products for resale is exempt from the powers and duties of the state purchasing
7638 agent.
7639 Section 227. Section 67-16-4 is amended to read:
7640 67-16-4. Improperly disclosing or using private, controlled, or protected
7641 information -- Using position to secure privileges or exemptions -- Accepting employment
7642 which would impair independence of judgment or ethical performance -- Exceptions.
7643 (1) Except as provided in Subsection (3), it is an offense for a public officer, public
7644 employee, or legislator, under circumstances not amounting to a violation of Section
7645 [
7646 (a) accept employment or engage in any business or professional activity that he might
7647 reasonably expect would require or induce him to improperly disclose controlled information
7648 that he has gained by reason of his official position;
7649 (b) disclose or improperly use controlled, private, or protected information acquired by
7650 reason of his official position or in the course of official duties in order to further substantially
7651 the officer's or employee's personal economic interest or to secure special privileges or
7652 exemptions for himself or others;
7653 (c) use or attempt to use his official position to:
7654 (i) further substantially the officer's or employee's personal economic interest; or
7655 (ii) secure special privileges or exemptions for himself or others;
7656 (d) accept other employment that he might expect would impair his independence of
7657 judgment in the performance of his public duties; or
7658 (e) accept other employment that he might expect would interfere with the ethical
7659 performance of his public duties.
7660 (2) (a) Subsection (1) does not apply to the provision of education-related services to
7661 public school students by public education employees acting outside their regular employment.
7662 (b) The conduct referred to in Subsection (2)(a) is subject to Section 53A-1-402.5 .
7663 (3) A county legislative body member who does not participate in the process of
7664 selecting a mental health or substance abuse service provider does not commit an offense under
7665 Subsection (1)(a) or (b) by:
7666 (a) serving also as a member of the governing board of the provider of mental health or
7667 substance abuse services under contract with the county; or
7668 (b) discharging, in good faith, the duties and responsibilities of each position.
7669 Section 228. Section 67-16-5 is amended to read:
7670 67-16-5. Accepting gift, compensation, or loan -- When prohibited.
7671 (1) As used in this section, "economic benefit tantamount to a gift" includes:
7672 (a) a loan at an interest rate that is substantially lower than the commercial rate then
7673 currently prevalent for similar loans; and
7674 (b) compensation received for private services rendered at a rate substantially
7675 exceeding the fair market value of the services.
7676 (2) It is an offense for a public officer or public employee, under circumstances not
7677 amounting to a violation of Section [
7678 receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of
7679 substantial value or a substantial economic benefit tantamount to a gift:
7680 (a) that would tend improperly to influence a reasonable person in the person's position
7681 to depart from the faithful and impartial discharge of the person's public duties;
7682 (b) that the public officer or public employee knows or that a reasonable person in that
7683 position should know under the circumstances is primarily for the purpose of rewarding the
7684 public officer or public employee for official action taken; or
7685 (c) if the public officer or public employee recently has been, is now, or in the near
7686 future may be involved in any governmental action directly affecting the donor or lender,
7687 unless a disclosure of the gift, compensation, or loan and other relevant information has been
7688 made in the manner provided in Section 67-16-6 .
7689 (3) Subsection (2) does not apply to:
7690 (a) an occasional nonpecuniary gift, having a value of not in excess of $50;
7691 (b) an award publicly presented in recognition of public services;
7692 (c) any bona fide loan made in the ordinary course of business; or
7693 (d) a political campaign contribution.
7694 Section 229. Section 67-16-5.3 is amended to read:
7695 67-16-5.3. Requiring donation, payment, or service to government agency in
7696 exchange for approval -- When prohibited.
7697 (1) It is an offense for a public officer, public employee, or legislator, under
7698 circumstances not amounting to a violation of Section [
7699 to demand from any person as a condition of granting any application or request for a permit,
7700 approval, or other authorization, that the person donate personal property, money, or services to
7701 any agency.
7702 (2) (a) Subsection (1) does not apply to any donation of property, funds, or services to
7703 an agency that is:
7704 (i) expressly required by statute, ordinance, or agency rule;
7705 (ii) mutually agreed to between the applicant and the entity issuing the permit,
7706 approval, or other authorization;
7707 (iii) made voluntarily by the applicant; or
7708 (iv) a condition of a consent decree, settlement agreement, or other binding instrument
7709 entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
7710 (b) If a person donates property, funds, or services to an agency, the agency shall, as
7711 part of the permit or other written authorization:
7712 (i) identify that a donation has been made;
7713 (ii) describe the donation;
7714 (iii) certify, in writing, that the donation was voluntary; and
7715 (iv) place that information in its files.
7716 Section 230. Section 67-16-6 is amended to read:
7717 67-16-6. Receiving compensation for assistance in transaction involving an
7718 agency -- Filing sworn statement.
7719 (1) It is an offense for a public officer or public employee, under circumstances not
7720 amounting to a violation of Section [
7721 agree to receive compensation for assisting any person or business entity in any transaction
7722 involving an agency unless the public officer or public employee files a sworn, written
7723 statement containing the information required by Subsection (2) with:
7724 (a) the head of the officer or employee's own agency;
7725 (b) the agency head of the agency with which the transaction is being conducted; and
7726 (c) the state attorney general.
7727 (2) The statement shall contain:
7728 (a) the name and address of the public officer or public employee involved;
7729 (b) the name of the public officer's or public employee's agency;
7730 (c) the name and address of the person or business entity being or to be assisted; and
7731 (d) a brief description of:
7732 (i) the transaction as to which service is rendered or is to be rendered; and
7733 (ii) the nature of the service performed or to be performed.
7734 (3) The statement required to be filed under Subsection (1) shall be filed within 10
7735 days after the date of any agreement between the public officer or public employee and the
7736 person or business entity being assisted or the receipt of compensation, whichever is earlier.
7737 (4) The statement is public information and shall be available for examination by the
7738 public.
7739 Section 231. Section 72-6-107 is amended to read:
7740 72-6-107. Construction or improvement of highway -- Contracts -- Retainage --
7741 Certain indemnification provisions forbidden.
7742 (1) As used in this section, "design professional" means:
7743 (a) an architect, licensed under Title 58, Chapter 3a, Architects Licensing Act;
7744 (b) a landscape architect, licensed under Title 58, Chapter 53, Landscape Architects
7745 Licensing Act; and
7746 (c) a professional engineer or professional land surveyor, licensed under Title 58,
7747 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
7748 (2) (a) The department shall make plans, specifications, and estimates prior to the
7749 construction or improvement of any state highway.
7750 (b) Except as provided in Section [
7751 construction or improvements performed with state prison labor, a construction or
7752 improvement project with an estimated cost exceeding the bid limit as defined in Section
7753 72-6-109 for labor and materials shall be performed under contract awarded to the lowest
7754 responsible bidder.
7755 (c) (i) The department:
7756 (A) shall publish an advertisement for bids in accordance with Section 45-1-101 , for a
7757 period of two weeks ending no more than 10 days before bids are opened; and
7758 (B) may publish an advertisement for bids in a newspaper of general circulation in the
7759 county in which the work is to be performed.
7760 (ii) If the department publishes an advertisement for bids in a newspaper under
7761 Subsection (2)(c)(i)(B), the department shall publish the advertisement at least once a week for
7762 two consecutive weeks, with the last publication at least 10 days before bids are opened.
7763 (d) The department shall receive sealed bids and open the bids at the time and place
7764 designated in the advertisement. The department may then award the contract but may reject
7765 any and all bids.
7766 (e) If the department's estimates are substantially lower than any responsible bid
7767 received, the department may perform any work by force account.
7768 (3) If any payment on a contract with a private contractor for construction or
7769 improvement of a state highway is retained or withheld, the payment shall be retained or
7770 withheld and released as provided in Section 13-8-5 .
7771 (4) If the department performs a construction or improvement project by force account,
7772 the department shall:
7773 (a) provide an accounting of the costs and expenditures of the improvement including
7774 material and labor;
7775 (b) disclose the costs and expenditures to any person upon request and allow the person
7776 to make a copy and pay for the actual cost of the copy; and
7777 (c) perform the work using the same specifications and standards that would apply to a
7778 private contractor.
7779 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7780 department shall establish procedures for:
7781 (a) hearing evidence that a region within the department violated this section; and
7782 (b) administering sanctions against the region if the region is found in violation.
7783 (6) (a) Beginning May 12, 2009, a contract, including an amendment to an existing
7784 contract, entered into under authority of this chapter may not require that a design professional
7785 indemnify another from liability claims that arise out of the design professional's services,
7786 unless the liability claim arises from the design professional's negligent act, wrongful act, error
7787 or omission, or other liability imposed by law.
7788 (b) Subsection (6)(a) may not be waived by contract.
7789 (c) Notwithstanding Subsections (6)(a) and (b), a design professional may be required
7790 to indemnify a person for whom the design professional has direct or indirect control or
7791 responsibility.
7792 Section 232. Section 72-6-107.5 is amended to read:
7793 72-6-107.5. Construction of improvements of highway -- Contracts -- Health
7794 insurance coverage.
7795 (1) For purposes of this section:
7796 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
7797 34A-2-104 who:
7798 (i) works at least 30 hours per calendar week; and
7799 (ii) meets employer eligibility waiting requirements for health care insurance which
7800 may not exceed the first day of the calendar month following 90 days from the date of hire.
7801 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
7802 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
7803 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
7804 (2) (a) Except as provided in Subsection (3), this section applies to contracts entered
7805 into by the department on or after July 1, 2009, for construction or design of highways and to a
7806 prime contractor or to a subcontractor in accordance with Subsection (2)(b).
7807 (b) (i) A prime contractor is subject to this section if the prime contract is in the
7808 amount of $1,500,000 or greater.
7809 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
7810 $750,000 or greater.
7811 (3) This section does not apply if:
7812 (a) the application of this section jeopardizes the receipt of federal funds;
7813 (b) the contract is a sole source contract; or
7814 (c) the contract is an emergency procurement.
7815 (4) (a) This section does not apply to a change order as defined in Section [
7816 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
7817 threshold required by Subsection (2).
7818 (b) A person who intentionally uses change orders or contract modifications to
7819 circumvent the requirements of Subsection (2) is guilty of an infraction.
7820 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the department that
7821 the contractor has and will maintain an offer of qualified health insurance coverage for the
7822 contractor's employees and the employees' dependents during the duration of the contract.
7823 (b) If a subcontractor of the contractor is subject to Subsection (2), the contractor shall
7824 demonstrate to the department that the subcontractor has and will maintain an offer of qualified
7825 health insurance coverage for the subcontractor's employees and the employees' dependents
7826 during the duration of the contract.
7827 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
7828 the duration of the contract is subject to penalties in accordance with administrative rules
7829 adopted by the department under Subsection (6).
7830 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
7831 requirements of Subsection (5)(b).
7832 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
7833 the duration of the contract is subject to penalties in accordance with administrative rules
7834 adopted by the department under Subsection (6).
7835 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
7836 requirements of Subsection (5)(a).
7837 (6) The department shall adopt administrative rules:
7838 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
7839 (b) in coordination with:
7840 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
7841 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
7842 (iii) the State Building Board in accordance with Section 63A-5-205 ;
7843 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
7844 (v) a public transit district in accordance with Section 17B-2a-818.5 ; and
7845 (vi) the Legislature's Administrative Rules Review Committee; and
7846 (c) which establish:
7847 (i) the requirements and procedures a contractor must follow to demonstrate to the
7848 department compliance with this section which shall include:
7849 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
7850 (b) more than twice in any 12-month period; and
7851 (B) that the actuarially equivalent determination required for qualified health insurance
7852 coverage in Subsection (1) is met by the contractor if the contractor provides the department or
7853 division with a written statement of actuarial equivalency from either:
7854 (I) the Utah Insurance Department;
7855 (II) an actuary selected by the contractor or the contractor's insurer; or
7856 (III) an underwriter who is responsible for developing the employer group's premium
7857 rates;
7858 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
7859 violates the provisions of this section, which may include:
7860 (A) a three-month suspension of the contractor or subcontractor from entering into
7861 future contracts with the state upon the first violation;
7862 (B) a six-month suspension of the contractor or subcontractor from entering into future
7863 contracts with the state upon the second violation;
7864 (C) an action for debarment of the contractor or subcontractor in accordance with
7865 Section [
7866 (D) monetary penalties which may not exceed 50% of the amount necessary to
7867 purchase qualified health insurance coverage for an employee and a dependent of the employee
7868 of the contractor or subcontractor who was not offered qualified health insurance coverage
7869 during the duration of the contract; and
7870 (iii) a website on which the department shall post the benchmark for the qualified
7871 health insurance coverage identified in Subsection (1)(c).
7872 (7) (a) (i) In addition to the penalties imposed under Subsection (6), a contractor or
7873 subcontractor who intentionally violates the provisions of this section shall be liable to the
7874 employee for health care costs that would have been covered by qualified health insurance
7875 coverage.
7876 (ii) An employer has an affirmative defense to a cause of action under Subsection
7877 (7)(a)(i) if:
7878 (A) the employer relied in good faith on a written statement of actuarial equivalency
7879 provided by:
7880 (I) an actuary; or
7881 (II) an underwriter who is responsible for developing the employer group's premium
7882 rates; or
7883 (B) the department determines that compliance with this section is not required under
7884 the provisions of Subsection (3) or (4).
7885 (b) An employee has a private right of action only against the employee's employer to
7886 enforce the provisions of this Subsection (7).
7887 (8) Any penalties imposed and collected under this section shall be deposited into the
7888 Medicaid Restricted Account created in Section 26-18-402 .
7889 (9) The failure of a contractor or subcontractor to provide qualified health insurance
7890 coverage as required by this section:
7891 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
7892 or contractor under Section [
7893 Chapter [
7894 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
7895 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
7896 or construction.
7897 Section 233. Section 72-6-108 is amended to read:
7898 72-6-108. Class B and C roads -- Improvement projects -- Contracts -- Retainage.
7899 (1) A county executive for class B roads and the municipal executive for class C roads
7900 shall cause plans, specifications, and estimates to be made prior to the construction of any
7901 improvement project, as defined in Section 72-6-109 , on a class B or C road if the estimated
7902 cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor,
7903 equipment, and materials.
7904 (2) (a) All projects in excess of the bid limit shall be performed under contract to be let
7905 to the lowest responsible bidder.
7906 (b) If the estimated cost of the improvement project exceeds the bid limit for labor,
7907 equipment, and materials, the project may not be divided to permit the construction in parts,
7908 unless each part is done by contract.
7909 (3) (a) The advertisement on bids shall be published:
7910 (i) in a newspaper of general circulation in the county in which the work is to be
7911 performed at least once a week for three consecutive weeks; and
7912 (ii) in accordance with Section 45-1-101 for three weeks.
7913 (b) If there is no newspaper of general circulation as described in Subsection (3)(a)(i),
7914 the notice shall be posted for at least 20 days in at least five public places in the county.
7915 (4) The county or municipal executive or their designee shall receive sealed bids and
7916 open the bids at the time and place designated in the advertisement. The county or municipal
7917 executive or their designee may then award the contract but may reject any and all bids.
7918 (5) The person, firm, or corporation that is awarded a contract under this section is
7919 subject to the provisions of Title 63G, Chapter [
7920 (6) If any payment on a contract with a private contractor for construction or
7921 improvement of a class B or C road is retained or withheld, the payment shall be retained or
7922 withheld and released as provided in Section 13-8-5 .
7923 Section 234. Section 72-6-205 is amended to read:
7924 72-6-205. Solicited and unsolicited tollway development agreement proposals.
7925 (1) In accordance with this section, the department may:
7926 (a) accept unsolicited tollway development agreement proposals; or
7927 (b) solicit tollway development agreement proposals for a proposed project.
7928 (2) The department shall solicit tollway development agreement proposals in
7929 accordance with Section [
7930 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7931 department and the commission shall establish rules and procedures for accepting unsolicited
7932 proposals that require the:
7933 (a) private entity that submits the unsolicited proposal to comply with the minimum
7934 requirements for tollway development agreement proposals under Section 72-6-204 ;
7935 (b) department to issue a request for competing proposals and qualifications that
7936 includes:
7937 (i) a description of the proposed tollway development facility and the terms and
7938 conditions of a tollway development agreement;
7939 (ii) submittal requirements;
7940 (iii) the criteria to be used to evaluate the proposals;
7941 (iv) the relative weight given to the criteria; and
7942 (v) the deadline by which competing proposals must be received; and
7943 (c) department to publish a notice advertising the request for competing proposals and
7944 providing information regarding how to obtain a copy of the request.
7945 (4) (a) The department may establish a fee in accordance with Section 63J-1-504 for
7946 reviewing unsolicited proposals and competing proposals submitted under this section.
7947 (b) The department may waive the fee under Subsection (4)(a) if it determines that it is
7948 reasonable and in the best interest of the state.
7949 Section 235. Section 72-7-504 is amended to read:
7950 72-7-504. Advertising prohibited near interstate or primary system -- Exceptions
7951 -- Logo advertising -- Department rules.
7952 (1) Outdoor advertising that is capable of being read or comprehended from any place
7953 on the main-traveled way of an interstate or primary system may not be erected or maintained,
7954 except:
7955 (a) directional and other official signs and notices authorized or required by law,
7956 including signs and notices pertaining to natural wonders and scenic and historic attractions,
7957 informational or directional signs regarding utility service, emergency telephone signs, buried
7958 or underground utility markers, and above ground utility closure signs;
7959 (b) signs advertising the sale or lease of property upon which they are located;
7960 (c) signs advertising activities conducted on the property where they are located,
7961 including signs on the premises of a public assembly facility as provided in Section 72-7-504.5 ;
7962 (d) signs located in a commercial or industrial zone;
7963 (e) signs located in unzoned industrial or commercial areas as determined from actual
7964 land uses; and
7965 (f) logo advertising under Subsection (2).
7966 (2) (a) The department may itself or by contract erect, administer, and maintain
7967 informational signs on the main-traveled way of an interstate or primary system for the display
7968 of logo advertising and information of interest to the traveling public if:
7969 (i) the department complies with Title 63G, Chapter [
7970 the lease or other contract agreement with a private party for the sign or sign space; and
7971 (ii) the private party for the lease of the sign or sign space pays an amount set by the
7972 department to be paid to the department or the party under contract with the department under
7973 this Subsection (2).
7974 (b) The amount shall be sufficient to cover the costs of erecting, administering, and
7975 maintaining the signs or sign spaces.
7976 (c) The department may consult the Governor's Office of Economic Development in
7977 carrying out this Subsection (2).
7978 (3) (a) Revenue generated under Subsection (2) shall be:
7979 (i) applied first to cover department costs under Subsection (2); and
7980 (ii) deposited in the Transportation Fund.
7981 (b) Revenue in excess of costs under Subsection (2)(a) shall be deposited in the
7982 General Fund as a dedicated credit for use by the Governor's Office of Economic Development
7983 no later than the following fiscal year.
7984 (4) Outdoor advertising under Subsections (1)(a), (d), (e), and (f) shall conform to the
7985 rules made by the department under Sections 72-7-506 and 72-7-507 .
7986 Section 236. Section 73-10-27 is amended to read:
7987 73-10-27. Definitions -- Project priorities -- Considerations -- Determinations of
7988 feasibility -- Bids and contracts -- Definitions -- Retainage.
7989 (1) As used in this section:
7990 (a) "Board" means the Board of Water Resources created in Section 73-10-1.5 .
7991 (b) "Estimated cost" means the cost of the labor, material, and equipment necessary for
7992 construction of the contemplated project.
7993 (c) "Lowest responsible bidder" means a licensed contractor:
7994 (i) who:
7995 (A) submits the lowest bid; and
7996 (B) furnishes a payment bond and a performance bond under Sections 14-1-18 and
7997 [
7998 (ii) whose bid:
7999 (A) is in compliance with the invitation for a bid; and
8000 (B) meets the plans and specifications.
8001 (2) In considering the priority for a project to be built or financed with funds made
8002 available under Section 73-10-24 , the board shall give preference to a project that:
8003 (a) is sponsored by, or for the benefit of, the state or a political subdivision of the state;
8004 (b) meets a critical local need;
8005 (c) has greater economic feasibility;
8006 (d) will yield revenue to the state within a reasonable time or will return a reasonable
8007 rate of interest, based on financial feasibility; and
8008 (e) meets other considerations deemed necessary by the board, including wildlife
8009 management and recreational needs.
8010 (3) (a) In determining the economic feasibility, the board shall establish a
8011 benefit-to-cost ratio for each project, using a uniform standard of procedure for all projects.
8012 (b) In considering whether a project should be built, the benefit-to-cost ratio for each
8013 project shall be weighted based on the relative cost of the project.
8014 (c) A project, when considered in total with all other projects constructed under this
8015 chapter and still the subject of a repayment contract, may not cause the accumulative
8016 benefit-to-cost ratio of the projects to be less than one to one.
8017 (4) A project may not be built if the project is not:
8018 (a) in the public interest, as determined by the board; or
8019 (b) adequately designed based on sound engineering and geologic considerations.
8020 (5) In preparing a project constructed by the board, the board shall:
8021 (a) based on a competitive bid, award a contract for:
8022 (i) a flood control project:
8023 (A) involving a city or county; and
8024 (B) costing in excess of $35,000;
8025 (ii) the construction of a storage reservoir in excess of 100 acre-feet; or
8026 (iii) the construction of a hydroelectric generating facility;
8027 (b) publish an advertisement for a competitive bid:
8028 (i) at least once a week for three consecutive weeks in a newspaper with general
8029 circulation in the state, with the last date of publication appearing at least five days before the
8030 schedule bid opening; and
8031 (ii) indicating that the board:
8032 (A) will award the contract to the lowest responsible bidder; and
8033 (B) reserves the right to reject any and all bids;
8034 (c) readvertise the project in the manner specified in Subsection (5)(b) if the board
8035 rejects all of the initial bids on the project; and
8036 (d) keep an accurate record of all facts and representations relied upon in preparing the
8037 board's estimated cost for a project that is subject to the competitive bidding requirements of
8038 this section.
8039 (6) If no satisfactory bid is received by the board upon the readvertisement of the
8040 project in accordance with Subsection (5), the board may proceed to construct the project in
8041 accordance with the plan and specifications used to calculate the estimated cost of the project.
8042 (7) If a payment on a contract with a private contractor for construction of a project
8043 under this section is retained or withheld, it shall be retained or withheld and released as
8044 provided in Section 13-8-5 .
8045 Section 237. Section 73-23-3 is amended to read:
8046 73-23-3. Duties and powers of Division of Water Resources.
8047 For purposes of this chapter, the Division of Water Resources:
8048 (1) shall provide for the construction, operation, and maintenance of the West Desert
8049 Pumping Project;
8050 (2) may enter into agreements as necessary to provide for all or any portion of the West
8051 Desert Pumping Project, including any indemnification agreements required by the federal
8052 government;
8053 (3) may acquire land or any other property right by any lawful means, including
8054 eminent domain;
8055 (4) is exempt from Title 63G, Chapter [
8056 (5) may proceed without obtaining water right approval from the state engineer.
8057 Section 238. Section 76-10-1602 is amended to read:
8058 76-10-1602. Definitions.
8059 As used in this part:
8060 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
8061 business trust, association, or other legal entity, and any union or group of individuals
8062 associated in fact although not a legal entity, and includes illicit as well as licit entities.
8063 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
8064 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
8065 have the same or similar purposes, results, participants, victims, or methods of commission, or
8066 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
8067 demonstrate continuing unlawful conduct and be related either to each other or to the
8068 enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
8069 occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
8070 activity as defined by this part shall have occurred within five years of the commission of the
8071 next preceding act alleged as part of the pattern.
8072 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
8073 interest in property, including state, county, and local governmental entities.
8074 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
8075 command, encourage, or intentionally aid another person to engage in conduct which would
8076 constitute any offense described by the following crimes or categories of crimes, or to attempt
8077 or conspire to engage in an act which would constitute any of those offenses, regardless of
8078 whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
8079 or a felony:
8080 (a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
8081 Recording Practices Act;
8082 (b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
8083 Code, Sections 19-1-101 through 19-7-109 ;
8084 (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
8085 purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
8086 Code of Utah, or Section 23-20-4 ;
8087 (d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
8088 26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12 ;
8089 (e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
8090 Offenses and Procedure Act;
8091 (f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
8092 Land Sales Practices Act;
8093 (g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
8094 Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
8095 Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
8096 Clandestine Drug Lab Act;
8097 (h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
8098 Securities Act;
8099 (i) any act prohibited by the criminal provisions of Title 63G, Chapter [
8100 Procurement Code;
8101 (j) assault or aggravated assault, Sections 76-5-102 and 76-5-103 ;
8102 (k) a threat of terrorism, Section 76-5-107.3 ;
8103 (l) criminal homicide, Sections 76-5-201 , 76-5-202 , and 76-5-203 ;
8104 (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302 ;
8105 (n) sexual exploitation of a minor, Section 76-5b-201 ;
8106 (o) arson or aggravated arson, Sections 76-6-102 and 76-6-103 ;
8107 (p) causing a catastrophe, Section 76-6-105 ;
8108 (q) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203 ;
8109 (r) burglary of a vehicle, Section 76-6-204 ;
8110 (s) manufacture or possession of an instrument for burglary or theft, Section 76-6-205 ;
8111 (t) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302 ;
8112 (u) theft, Section 76-6-404 ;
8113 (v) theft by deception, Section 76-6-405 ;
8114 (w) theft by extortion, Section 76-6-406 ;
8115 (x) receiving stolen property, Section 76-6-408 ;
8116 (y) theft of services, Section 76-6-409 ;
8117 (z) forgery, Section 76-6-501 ;
8118 (aa) fraudulent use of a credit card, Sections 76-6-506.2 , 76-6-506.3 , 76-6-506.5 , and
8119 76-6-506.6 ;
8120 (bb) deceptive business practices, Section 76-6-507 ;
8121 (cc) bribery or receiving bribe by person in the business of selection, appraisal, or
8122 criticism of goods, Section 76-6-508 ;
8123 (dd) bribery of a labor official, Section 76-6-509 ;
8124 (ee) defrauding creditors, Section 76-6-511 ;
8125 (ff) acceptance of deposit by insolvent financial institution, Section 76-6-512 ;
8126 (gg) unlawful dealing with property by fiduciary, Section 76-6-513 ;
8127 (hh) bribery or threat to influence contest, Section 76-6-514 ;
8128 (ii) making a false credit report, Section 76-6-517 ;
8129 (jj) criminal simulation, Section 76-6-518 ;
8130 (kk) criminal usury, Section 76-6-520 ;
8131 (ll) fraudulent insurance act, Section 76-6-521 ;
8132 (mm) retail theft, Section 76-6-602 ;
8133 (nn) computer crimes, Section 76-6-703 ;
8134 (oo) identity fraud, Section 76-6-1102 ;
8135 (pp) mortgage fraud, Section 76-6-1203 ;
8136 (qq) sale of a child, Section 76-7-203 ;
8137 (rr) bribery to influence official or political actions, Section 76-8-103 ;
8138 (ss) threats to influence official or political action, Section 76-8-104 ;
8139 (tt) receiving bribe or bribery by public servant, Section 76-8-105 ;
8140 (uu) receiving bribe or bribery for endorsement of person as public servant, Section
8141 76-8-106 ;
8142 (vv) official misconduct, Sections 76-8-201 and 76-8-202 ;
8143 (ww) obstruction of justice, Section 76-8-306 ;
8144 (xx) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308 ;
8145 (yy) false or inconsistent material statements, Section 76-8-502 ;
8146 (zz) false or inconsistent statements, Section 76-8-503 ;
8147 (aaa) written false statements, Section 76-8-504 ;
8148 (bbb) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508 ;
8149 (ccc) retaliation against a witness, victim, or informant, Section 76-8-508.3 ;
8150 (ddd) extortion or bribery to dismiss criminal proceeding, Section 76-8-509 ;
8151 (eee) public assistance fraud in violation of Section 76-8-1203 , 76-8-1204 , or
8152 76-8-1205 ;
8153 (fff) unemployment insurance fraud, Section 76-8-1301 ;
8154 (ggg) intentionally or knowingly causing one animal to fight with another, Subsection
8155 76-9-301 (2)(d) or (e), or Section 76-9-301.1 ;
8156 (hhh) possession, use, or removal of explosives, chemical, or incendiary devices or
8157 parts, Section 76-10-306 ;
8158 (iii) delivery to common carrier, mailing, or placement on premises of an incendiary
8159 device, Section 76-10-307 ;
8160 (jjj) possession of a deadly weapon with intent to assault, Section 76-10-507 ;
8161 (kkk) unlawful marking of pistol or revolver, Section 76-10-521 ;
8162 (lll) alteration of number or mark on pistol or revolver, Section 76-10-522 ;
8163 (mmm) forging or counterfeiting trademarks, trade name, or trade device, Section
8164 76-10-1002 ;
8165 (nnn) selling goods under counterfeited trademark, trade name, or trade devices,
8166 Section 76-10-1003 ;
8167 (ooo) sales in containers bearing registered trademark of substituted articles, Section
8168 76-10-1004 ;
8169 (ppp) selling or dealing with article bearing registered trademark or service mark with
8170 intent to defraud, Section 76-10-1006 ;
8171 (qqq) gambling, Section 76-10-1102 ;
8172 (rrr) gambling fraud, Section 76-10-1103 ;
8173 (sss) gambling promotion, Section 76-10-1104 ;
8174 (ttt) possessing a gambling device or record, Section 76-10-1105 ;
8175 (uuu) confidence game, Section 76-10-1109 ;
8176 (vvv) distributing pornographic material, Section 76-10-1204 ;
8177 (www) inducing acceptance of pornographic material, Section 76-10-1205 ;
8178 (xxx) dealing in harmful material to a minor, Section 76-10-1206 ;
8179 (yyy) distribution of pornographic films, Section 76-10-1222 ;
8180 (zzz) indecent public displays, Section 76-10-1228 ;
8181 (aaaa) prostitution, Section 76-10-1302 ;
8182 (bbbb) aiding prostitution, Section 76-10-1304 ;
8183 (cccc) exploiting prostitution, Section 76-10-1305 ;
8184 (dddd) aggravated exploitation of prostitution, Section 76-10-1306 ;
8185 (eeee) communications fraud, Section 76-10-1801 ;
8186 (ffff) any act prohibited by the criminal provisions of [
8187 Laundering and Currency Transaction Reporting Act;
8188 (gggg) vehicle compartment for contraband, Section 76-10-2801 ;
8189 (hhhh) any act prohibited by the criminal provisions of the laws governing taxation in
8190 this state; and
8191 (iiii) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
8192 Sec. 1961 (1)(B), (C), and (D).
8193 Section 239. Section 78A-2-112 is amended to read:
8194 78A-2-112. Grants to nonprofit legal assistance organization.
8195 Subject to legislative appropriation, the state court administrator shall, in accordance
8196 with Title 63G, Chapter [
8197 award grants to nonprofit legal assistance providers to provide legal assistance throughout the
8198 state to:
8199 (1) low to moderate income victims of domestic violence; and
8200 (2) low to moderate income individuals in family law matters.
8201 Section 240. Section 79-2-404 is amended to read:
8202 79-2-404. Contracting powers of department -- Health insurance coverage.
8203 (1) For purposes of this section:
8204 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
8205 34A-2-104 who:
8206 (i) works at least 30 hours per calendar week; and
8207 (ii) meets employer eligibility waiting requirements for health care insurance which
8208 may not exceed the first day of the calendar month following 90 days from the date of hire.
8209 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
8210 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
8211 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
8212 (2) (a) Except as provided in Subsection (3), this section applies a design or
8213 construction contract entered into by, or delegated to, the department or a division, board, or
8214 council of the department on or after July 1, 2009, and to a prime contractor or to a
8215 subcontractor in accordance with Subsection (2)(b).
8216 (b) (i) A prime contractor is subject to this section if the prime contract is in the
8217 amount of $1,500,000 or greater.
8218 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
8219 $750,000 or greater.
8220 (3) This section does not apply to contracts entered into by the department or a
8221 division, board, or council of the department if:
8222 (a) the application of this section jeopardizes the receipt of federal funds;
8223 (b) the contract or agreement is between:
8224 (i) the department or a division, board, or council of the department; and
8225 (ii) (A) another agency of the state;
8226 (B) the federal government;
8227 (C) another state;
8228 (D) an interstate agency;
8229 (E) a political subdivision of this state; or
8230 (F) a political subdivision of another state; or
8231 (c) the contract or agreement is:
8232 (i) for the purpose of disbursing grants or loans authorized by statute;
8233 (ii) a sole source contract; or
8234 (iii) an emergency procurement.
8235 (4) (a) This section does not apply to a change order as defined in Section [
8236 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
8237 threshold required by Subsection (2).
8238 (b) A person who intentionally uses change orders or contract modifications to
8239 circumvent the requirements of Subsection (2) is guilty of an infraction.
8240 (5) (a) A contractor subject to Subsection (2)(b)(i) shall demonstrate to the department
8241 that the contractor has and will maintain an offer of qualified health insurance coverage for the
8242 contractor's employees and the employees' dependents during the duration of the contract.
8243 (b) If a subcontractor of the contractor is subject to Subsection (2)(b)(ii), the contractor
8244 shall demonstrate to the department that the subcontractor has and will maintain an offer of
8245 qualified health insurance coverage for the subcontractor's employees and the employees'
8246 dependents during the duration of the contract.
8247 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
8248 the duration of the contract is subject to penalties in accordance with administrative rules
8249 adopted by the department under Subsection (6).
8250 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
8251 requirements of Subsection (5)(b).
8252 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
8253 the duration of the contract is subject to penalties in accordance with administrative rules
8254 adopted by the department under Subsection (6).
8255 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
8256 requirements of Subsection (5)(a).
8257 (6) The department shall adopt administrative rules:
8258 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
8259 (b) in coordination with:
8260 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
8261 (ii) a public transit district in accordance with Section 17B-2a-818.5 ;
8262 (iii) the State Building Board in accordance with Section 63A-5-205 ;
8263 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
8264 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
8265 (vi) the Legislature's Administrative Rules Review Committee; and
8266 (c) which establish:
8267 (i) the requirements and procedures a contractor must follow to demonstrate
8268 compliance with this section to the department which shall include:
8269 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
8270 (b) more than twice in any 12-month period; and
8271 (B) that the actuarially equivalent determination required for qualified health insurance
8272 coverage in Subsection (1) is met by the contractor if the contractor provides the department or
8273 division with a written statement of actuarial equivalency from either:
8274 (I) the Utah Insurance Department;
8275 (II) an actuary selected by the contractor or the contractor's insurer; or
8276 (III) an underwriter who is responsible for developing the employer group's premium
8277 rates;
8278 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
8279 violates the provisions of this section, which may include:
8280 (A) a three-month suspension of the contractor or subcontractor from entering into
8281 future contracts with the state upon the first violation;
8282 (B) a six-month suspension of the contractor or subcontractor from entering into future
8283 contracts with the state upon the second violation;
8284 (C) an action for debarment of the contractor or subcontractor in accordance with
8285 Section [
8286 (D) monetary penalties which may not exceed 50% of the amount necessary to
8287 purchase qualified health insurance coverage for an employee and a dependent of an employee
8288 of the contractor or subcontractor who was not offered qualified health insurance coverage
8289 during the duration of the contract; and
8290 (iii) a website on which the department shall post the benchmark for the qualified
8291 health insurance coverage identified in Subsection (1)(c).
8292 (7) (a) (i) In addition to the penalties imposed under Subsection (6), a contractor or
8293 subcontractor who intentionally violates the provisions of this section shall be liable to the
8294 employee for health care costs that would have been covered by qualified health insurance
8295 coverage.
8296 (ii) An employer has an affirmative defense to a cause of action under Subsection
8297 (7)(a)(i) if:
8298 (A) the employer relied in good faith on a written statement of actuarial equivalency
8299 provided by:
8300 (I) an actuary; or
8301 (II) an underwriter who is responsible for developing the employer group's premium
8302 rates; or
8303 (B) the department determines that compliance with this section is not required under
8304 the provisions of Subsection (3) or (4).
8305 (b) An employee has a private right of action only against the employee's employer to
8306 enforce the provisions of this Subsection (7).
8307 (8) Any penalties imposed and collected under this section shall be deposited into the
8308 Medicaid Restricted Account created in Section 26-18-402 .
8309 (9) The failure of a contractor or subcontractor to provide qualified health insurance
8310 coverage as required by this section:
8311 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
8312 or contractor under Section [
8313 Chapter [
8314 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
8315 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
8316 or construction.
8317 Section 241. Section 79-4-203 is amended to read:
8318 79-4-203. Powers and duties of division.
8319 (1) As used in this section, "real property" includes land under water, upland, and all
8320 other property commonly or legally defined as real property.
8321 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
8322 conferred upon it by law within state parks and on property controlled by the Division of Parks
8323 and Recreation with reference to fish and game.
8324 (3) The division shall permit multiple use of state parks and property controlled by it
8325 for purposes such as grazing, fishing, hunting, mining, and the development and utilization of
8326 water and other natural resources.
8327 (4) (a) The division may acquire real and personal property in the name of the state by
8328 all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
8329 or otherwise, subject to the approval of the executive director and the governor.
8330 (b) In acquiring any real or personal property, the credit of the state may not be pledged
8331 without the consent of the Legislature.
8332 (5) (a) Before acquiring any real property, the division shall notify the county
8333 legislative body of the county where the property is situated of its intention to acquire the
8334 property.
8335 (b) If the county legislative body requests a hearing within 10 days of receipt of the
8336 notice, the division shall hold a public hearing in the county concerning the matter.
8337 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
8338 division, subject to the approval of the executive director and the governor.
8339 (7) The division shall acquire property by eminent domain in the manner authorized by
8340 Title 78B, Chapter 6, Part 5, Eminent Domain.
8341 (8) (a) The division may make charges for special services and use of facilities, the
8342 income from which is available for park and recreation purposes.
8343 (b) The division may conduct and operate those services necessary for the comfort and
8344 convenience of the public.
8345 (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
8346 parks and property to persons, partnerships, and corporations for a valuable consideration upon
8347 the recommendation of the board.
8348 (b) The division shall comply with Title 63G, Chapter [
8349 in selecting concessionaires.
8350 (10) The division shall proceed without delay to negotiate with the federal government
8351 concerning the Weber Basin and other recreation and reclamation projects.
8352 (11) The division shall receive and distribute voluntary contributions collected under
8353 Section 41-1a-422 in accordance with Section 79-4-404 .
8354 Section 242. Repealer.
8355 This bill repeals:
8356 Section 10-7-87, Procurement -- Use of recycled goods.
8357 Section 11-37-101, Definition -- Procurement -- Use of recycled goods.
8358 Section 17-15-24, Procurement -- Use of recycled goods.
8359 Section 17B-1-109, Procurement -- Use of recycled goods.
8360 Section 26A-1-108.7, Procurement -- Use of recycled goods.
8361 Section 63G-6-206, Transfer of power to policy board.
8362 Section 63G-6-301, Rules for specifications.
8363 Section 63G-6-401, Contracts awarded by sealed bidding -- Procedure.
8364 Section 63G-6-402, Contracts awarded by reverse auction.
8365 Section 63G-6-403, Procurement -- Use of recycled goods.
8366 Section 63G-6-406, Preference for recycled paper and paper products.
8367 Section 63G-6-407, Use of alkaline paper.
8368 Section 63G-6-408, Use of competitive sealed proposals in lieu of bids -- Procedure.
8369 Section 63G-6-409, Small purchases.
8370 Section 63G-6-411, Emergency procurements.
8371 Section 63G-6-414, Prequalification of suppliers.
8372 Section 63G-6-417, Period of time for contract of supplies.
8373 Section 63G-6-418, Right of state to inspect place of business of contractor or
8374 subcontractor.
8375 Section 63G-6-422, Exemptions from source selection and contract requirements --
8376 Violation penalty.
8377 Section 63G-6-426, Tie bids -- Preference for providers of state products --
8378 Resolution of tie bids -- Record of tie bids.
8379 Section 63G-6-903, Payments between public procurement units.
8380 Section 63G-6-906, Resolving controversy arising under a cooperative purchasing
8381 agreement.
8382 Section 63G-6-1001, Felony to accept emolument.
8383 Section 63G-6-1002, Felony to offer emolument.
8384 Section 243. Effective date.
8385 This bill takes effect on January 1, 2013.
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