H.B. 72

1

PROCUREMENT OF ARCHITECT, ENGINEER, OR
2 SURVEYOR SERVICES BY POLITICAL SUBDIVISIONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: A. Lamont Tyler
6 AN ACT RELATING TO CITIES AND TOWNS, COUNTIES, AND SPECIAL DISTRICTS;
7 ESTABLISHING HIRING REQUIREMENTS AND PROCEDURES FOR
8 MUNICIPALITIES, COUNTIES, AND SPECIAL DISTRICTS THAT ENGAGE THE
9 SERVICES OF A PROFESSIONAL ARCHITECT, ENGINEER, OR SURVEYOR; AND
10 MAKING TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-7-86, as enacted by Chapter 75, Laws of Utah 1980
14 17-5-273, as renumbered and amended by Chapter 147, Laws of Utah 1994
15 63-56-2, as last amended by Chapter 232, Laws of Utah 1993
16 ENACTS:
17 17A-1-801, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 10-7-86 is amended to read:
20 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of professional
21 architect, engineer, or surveyor.
22 (1) The governing body of any municipality may adopt any or all of the provisions of [the]
23 Title 63, Chapter 56, Utah Procurement Code, [Sections 63-56-1 et seq.,] or the rules [and
24 regulations] promulgated pursuant [thereto] to that code.
25 (2) Notwithstanding Subsection (1), the governing body of each municipality that engages
26 the services of a professional architect, engineer, or surveyor and considers more than one such
27 professional for the engagement:

1 (a) shall consider, as a minimum, in the selection process:
2 (i) the qualifications, experience, and background of each firm submitting a proposal;
3 (ii) the specific individuals assigned to the project and the time commitments of each to
4 the project; and
5 (iii) the project schedule and the approach to the project that the firm will take; and
6 (b) may engage the services of a professional architect, engineer, or surveyor based on the
7 criteria under Subsection (2)(a) rather than solely on lowest cost.
8 Section 2. Section 17-5-273 is amended to read:
9 17-5-273. County may adopt Utah Procurement Code -- Hiring of professional
10 architect, engineer, or surveyor.
11 (1) The county legislative body of [each] any county may adopt any or all of the provisions
12 of [the] Title 63, Chapter 56, Utah Procurement Code, [Sections 63-56-1 et seq.,] or the rules [and
13 regulations] promulgated pursuant [thereto] to that code.
14 (2) Notwithstanding Subsection (1), the legislative body of each county that engages the
15 services of a professional architect, engineer, or surveyor and considers more than one such
16 professional for the engagement:
17 (a) shall consider, as a minimum, in the selection process:
18 (i) the qualifications, experience, and background of each firm submitting a proposal;
19 (ii) the specific individuals assigned to the project and the time commitments of each to
20 the project; and
21 (iii) the project schedule and the approach to the project that the firm will take; and
22 (b) may engage the services of a professional architect, engineer, or surveyor based on the
23 criteria under Subsection (2)(a) rather than solely on lowest cost.
24 Section 3. Section 17A-1-801 is enacted to read:
25 17A-1-801. Hiring of professional architect, engineer, or surveyor.
26 Notwithstanding Subsection 63-56-2(3)(d), each special district board that engages the
27 services of a professional architect, engineer, or surveyor and considers more than one such
28 professional for the engagement:
29 (1) shall consider, as a minimum, in the selection process:
30 (a) the qualifications, experience, and background of each firm submitting a proposal;
31 (b) the specific individuals assigned to the project and the time commitments of each to

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1 the project; and
2 (c) the project schedule and the approach to the project that the firm will take; and
3 (2) may engage the services of a professional architect, engineer, or surveyor based on the
4 criteria under Subsection (1) rather than solely on lowest cost.
5 Section 4. Section 63-56-2 is amended to read:
6 63-56-2. Application of chapter.
7 (1) This chapter applies only to contracts solicited or entered into after the effective date
8 of this chapter unless the parties agree to its application to a contract solicited or entered into prior
9 to the effective date.
10 (2) Except as provided in Section 63-56-3, this chapter shall apply to every expenditure
11 of public funds irrespective of their source, including federal assistance, by any state agency under
12 any contract.
13 (3) (a) Only the following sections shall apply to local public procurement units: Sections
14 63-56-3, 63-56-5, 63-56-16, 63-56-19 through 63-56-33, 63-56-35.5, 63-56-36 through 63-56-41,
15 63-56-45 through 63-56-50, and 63-56-59 through 63-56-63; provided, however, that, except as
16 provided in Sections 63-56-70 and 63-56-71, the jurisdiction of the procurement appeals board is
17 limited to matters involving state agencies.
18 (b) Subsection 63-56-14(1)(b) also applies to local public procurement units.
19 (c) For the purpose of application of those sections and subsections to a local public
20 procurement unit, "state" shall mean "local public procurement unit," "chief procurement officer"
21 or "head of a purchasing agency" shall mean any person conducting procurement for a local public
22 procurement unit, and "rules and regulations" shall mean ordinances and rules and regulations
23 promulgated by a local public procurement unit to implement or supplement those sections.
24 (d) In addition to the sections and subsections listed above and except as provided in
25 Section 17A-1-801 relating to special districts, each local public procurement unit shall adopt
26 ordinances relating to the procurement of architect-engineer services not inconsistent with the
27 provisions of Part G of this chapter.
28 (e) Any other section of this chapter, or its implementing regulations, may be adopted by
29 any local public procurement unit.
30 (f) Any other implementing regulations adopted by local public procurement units may
31 not be inconsistent with the provisions of this chapter.

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1 (4) Unless otherwise provided by statute, this chapter does not apply to procurement of
2 real property.




Legislative Review Note
as of 12-27-96 9:48 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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