S.B. 20

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, COUNTIES, MUNICIPALITIES, LOCAL
8 SCHOOL DISTRICTS, AND SPECIAL DISTRICTS FROM AWARDING
9 ARCHITECT/ENGINEERING SERVICES CONTRACTS TO HIGHER EDUCATION
10 ENTITIES IN CERTAIN CIRCUMSTANCES; AND PROHIBITING HIGHER EDUCATION
11 ENTITIES FROM SUBMITTING A PROPOSAL TO PERFORM ARCHITECT/ENGINEERING
12 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 request for proposals process and has provided public notice of its request for proposals:
29 (a) a higher education entity, or any part of one, may not submit a proposal in response to
30 the municipality's request for proposals; and
31 (b) the municipality may not award a contract to perform the architect or engineering
32 services solicited in the request for proposals to a higher education entity or any part of one.
33 Section 2. Section 17-5-260.5 is enacted to read:
34 17-5-260.5. Restrictions on county procurement of architect engineer services.
35 (1) As used in this section, "architect-engineer services" means those professional services
36 within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional
37 engineering as defined in Section 58-22-102 .
38 (2) When a county elects to obtain architect or engineering services by using a request for
39 proposals process and has provided public notice of its request for proposals:
40 (a) a higher education entity, or any part of one, may not submit a proposal in response to
41 the county's request for proposals; and
42 (b) the county may not award a contract to perform the architect or engineering services
43 solicited in the request for proposals to a higher education entity or any part of one.
44 Section 3. Section 17A-1-802 is enacted to read:
45 17A-1-802. Restrictions on special district procurement of architect engineer services.
46 (1) As used in this section, "architect-engineer services" means those professional services
47 within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional
48 engineering as defined in Section 58-22-102 .
49 (2) When a special district elects to obtain architect or engineering services by using a
50 request for proposals process and has provided public notice of its request for proposals:
51 (a) a higher education entity, or any part of one, may not submit a proposal in response to
52 the special district's request for proposals; and
53 (b) the special district may not award a contract to perform the architect or engineering
54 services solicited in the request for proposal to a higher education entity or any part of one.
55 Section 4. Section 53A-20-101.5 is enacted to read:
56 53A-20-101.5. Restrictions on local school district procurement of architect engineer
57 services.
58 (1) As used in this section, "architect-engineer services" means those professional services

59 within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional
60 engineering as defined in Section 58-22-102 .
61 (2) When a local school district elects to obtain architect or engineering services by using
62 a request for proposals process and has provided public notice of its request for proposals:
63 (a) a higher education entity, or any part of one, may not submit a proposal in response to
64 the state agency's request for proposals; and
65 (b) the local school district may not award a contract to perform the architect or
66 engineering services solicited in the request for proposals to a higher education entity or any part
67 of one.
68 Section 5. Section 53B-16-104 is enacted to read:
69 53B-16-104. Restrictions on higher education entities bidding on architect or
70 engineering services in public procurement projects.
71 (1) As used in this section:
72 (a) "Architect-engineer services" means those professional services within the scope of the
73 practice of architecture as defined in Section 58-3a-102 , or professional engineering as defined in
74 Section 58-22-102 .
75 (b) "Government entity" means a state agency, a county, a municipality, a local school
76 district, or a special district.
77 (2) When a government entity elects to obtain architect or engineering services by using
78 a request for proposals process and has provided public notice of its request for proposals:
79 (a) a higher education entity, or any part of one, may not submit a proposal in response to
80 the government entity's request for proposals; and
81 (b) the government entity may not award a contract to perform the architect or engineering
82 services solicited in the request for proposal to a higher education entity or any part of one.
83 (3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a higher
84 education entity may, in a private capacity, submit a proposal in response to the request for
85 proposals.
86 (b) An employee of a higher education entity may not use any supplies, materials, or other
87 resources owned by, or any persons matriculating at, attending, or employed by, the higher
88 education entity in:
89 (i) preparing a response to the request for proposals; or

90 (ii) completing any work, assignment, or contract awarded to the employee resulting from
91 that request for proposals.
92 Section 6. Section 63-56-44.5 is enacted to read:
93 63-56-44.5. Restrictions on state agency procurement of architect engineer services.
94 When a state agency elects to obtain architect or engineering services by using a request
95 for proposals process and has provided public notice of its request for proposals:
96 (1) a higher education entity, or any part of one, may not submit a proposal in response to
97 the state agency's request for proposals; and
98 (2) the state agency may not award a contract to perform the architect or engineering
99 services solicited in the request for proposals to a higher education entity or any part of one.




Legislative Review Note
as of 12-28-99 8:33 AM

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

Office of Legislative Research and General Counsel