S.B. 202 Enrolled

PROCUREMENT CODE - DESIGN BUILD AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Lane Beattie
AN ACT RELATING TO PROCUREMENT; CLARIFYING PROCEDURES FOR
CONTRACTS FOR DESIGN-BUILD HIGHWAY PROJECTS; MAKING TECHNICAL
CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-56-36.1, as enacted by Chapter 166, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-56-36.1 is amended to read:
63-56-36.1. Procurement of design-build highway project contracts.
(1) As used in this section:
(a) "Department" means the Department of Transportation.
(b) "Design-build highway project contract" means the procurement of both the design and
construction of a highway project in a single contract with a company or combination of
companies capable of providing the necessary engineering services and construction.
(2) The Department of Transportation may:
(a) award a design-build highway project contract by following the requirements of this
section; and
(b) make rules, by following the procedures and requirements of Title 63, Chapter 46a,
Utah Administrative Rulemaking Act, establishing requirements for the procurement of
design-build highway project contracts in addition to those required by this section.
(3) (a) Before entering a design-build highway project contract, the department may issue
a request for qualifications to prequalify potential contractors.
(b) Public notice of the request for qualifications shall be given in accordance with policy
board rules.
(c) The department shall require, as part of the qualifications specified in the request for

qualifications, that potential contractors at least demonstrate their:
(i) construction experience;
(ii) design experience;
(iii) financial, manpower, and equipment resources available for the project; and
(iv) experience in other design-build highway projects with attributes similar to the project
being procured.
(d) The request for qualifications shall identify the number of eligible competing [bidders]
proposers that the department will select to submit a proposal, which must be at least two.
(4) (a) The department shall:
(i) evaluate the responses received from the request for qualifications;
(ii) select from their number those qualified to submit proposals; and
(iii) invite those respondents to submit proposals based upon the department's request for
proposals.
(b) If the department fails to receive at least two qualified eligible competing [bidders]
proposers, the department shall readvertise the project.
(5) The department shall issue a request for proposals to those qualified respondents that:
(a) includes a scope of work statement constituting an information for [bid] proposal that
may include:
(i) preliminary design concepts;
(ii) design criteria, needs, and objectives;
(iii) warranty and quality control requirements;
(iv) applicable standards;
(v) environmental documents;
(vi) constraints;
(vii) time expectations or limitations;
(viii) incentives or disincentives; and
(ix) other special considerations;
(b) requires submitters to provide:

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(i) a sealed cost proposal;
(ii) a critical path matrix schedule, including cash flow requirements;
(iii) [bid] proposal security; and
(iv) other items required by the department for the project; and
(c) may include award of a stipulated fee to be paid to submitters who submit unsuccessful
[bids] proposals.
(6) The department shall:
(a) evaluate the submissions received in response to the request for proposals from the
prequalified [bidders] proposers; [and]
(b) comply with rules relating to discussion of proposals, best and final offers, and
evaluations of the proposals submitted; and
[(b)] (c) after considering price and other identified factors, award the contract to the
[lowest] responsible [bidder] proposer whose proposal is most advantageous to the state.
Section 2. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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