53B-16-104. Restrictions on higher education entities bidding on architect or
engineering services in public procurement projects.
(1) As used in this section:
(a) "Architect-engineer services" means those professional services within the scope of
the practice of architecture as defined in Section 58-3a-102, or professional engineering as
defined in Section 58-22-102.
(b) "Government entity" means a state agency, an institution of higher education, a
county, a municipality, a local school district, a local district, or a special service district.
(2) When a government entity elects to obtain architect or engineering services by using
a competitive procurement process and has provided public notice of its competitive procurement
process:
(a) a higher education entity, or any part of one, may not submit a proposal in response to
the government entity's competitive procurement process; and
(b) the government entity may not award a contract to perform the architect or
engineering services solicited in the competitive procurement process to a higher education entity
or any part of one.
(3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a higher
education entity may, in a private capacity, submit a proposal in response to the competitive
procurement process.
(b) An employee of a higher education entity may not use any supplies, materials, or
other resources owned by, or any persons matriculating at, attending, or employed by, the higher
education entity in:
(i) preparing a response to the competitive procurement process; or
(ii) completing any work, assignment, or contract awarded to the employee resulting
from that competitive procurement process.
Amended by Chapter 329, 2007 General Session
Download Code Section Zipped WordPerfect 53B16_010400.ZIP 2,540 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008