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First Substitute S.B. 20
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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 state agency procurement of architect engineer services.
101 When a public procurement unit, 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 (1) a higher education entity, or any part of one, may not submit a proposal in response to
105 the public procurement unit's competitive procurement process; and
106 (2) 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.
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