First Substitute S.B. 20

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

1 GOVERNMENT COMPETITION WITH PRIVATE
2 SECTOR
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Leonard M. Blackham
6 AN ACT RELATING TO PROCUREMENT OF ARCHITECT AND ENGINEERING
7 SERVICES; PROHIBITING STATE AGENCIES, HIGHER EDUCATION INSTITUTIONS,
8 COUNTIES, MUNICIPALITIES, LOCAL SCHOOL DISTRICTS, AND SPECIAL DISTRICTS
9 FROM AWARDING ARCHITECT/ENGINEERING SERVICES CONTRACTS TO HIGHER
10 EDUCATION ENTITIES IN CERTAIN CIRCUMSTANCES; AND PROHIBITING HIGHER
11 EDUCATION ENTITIES FROM SUBMITTING A PROPOSAL TO PERFORM
12 ARCHITECT/ENGINEERING SERVICES IN CERTAIN CIRCUMSTANCES.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 ENACTS:
15 10-7-20.5, Utah Code Annotated 1953
16 17-5-260.5, Utah Code Annotated 1953
17 17A-1-802, Utah Code Annotated 1953
18 53A-20-101.5, Utah Code Annotated 1953
19 53B-16-104, Utah Code Annotated 1953
20 63-56-44.5, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 10-7-20.5 is enacted to read:
23 10-7-20.5. Restrictions on municipality procurement of architect engineer services.
24 (1) As used in this section, "architect-engineer services" means those professional services
25 within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional

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

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

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