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H.B. 19 Enrolled
LONG TITLE
General Description:
This bill renumbers the Utah Procurement Code.
Highlighted Provisions:
This bill:
. renumbers the Utah Procurement Code to comply with current numbering practices;
and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
7-1-323, as enacted by Chapter 49, Laws of Utah 1995
10-3-1304, as last amended by Chapter 92, Laws of Utah 1998
10-3-1305, as last amended by Chapter 92, Laws of Utah 1998
10-7-87, as enacted by Chapter 32, Laws of Utah 1992
11-37-101, as last amended by Chapter 90, Laws of Utah 2004
11-39-107, as enacted by Chapter 259, Laws of Utah 2003
14-1-18, as enacted by Chapter 218, Laws of Utah 1987
17-15-24, as enacted by Chapter 32, Laws of Utah 1992
17-16a-4, as last amended by Chapter 92, Laws of Utah 1998
17A-1-801, as enacted by Chapter 123, Laws of Utah 1997
17A-2-328, as last amended by Chapter 365, Laws of Utah 1999
26-8a-405.2, as last amended by Chapter 277, Laws of Utah 2004
26A-1-108.7, as enacted by Chapter 32, Laws of Utah 1992
53A-20-101, as last amended by Chapters 86 and 123, Laws of Utah 2000
63A-5-208, as last amended by Chapter 347, Laws of Utah 2004
63B-2-102, as enacted by Chapter 304, Laws of Utah 1993
63B-3-102, as last amended by Chapter 171, Laws of Utah 2003
63B-4-102, as last amended by Chapter 171, Laws of Utah 2003
63B-5-102, as last amended by Chapter 391, Laws of Utah 1997
63B-6-102, as last amended by Chapter 199, Laws of Utah 2002
63B-6-402, as enacted by Chapter 391, Laws of Utah 1997
63B-7-102, as last amended by Chapter 327, Laws of Utah 2000
63B-7-402, as enacted by Chapter 67, Laws of Utah 1998
63B-8-102, as enacted by Chapter 309, Laws of Utah 1999
63B-8-402, as last amended by Chapter 327, Laws of Utah 2000
63B-9-103, as last amended by Chapter 233, Laws of Utah 2003
63B-11-202, as enacted by Chapter 252, Laws of Utah 2002
67-16-4, as last amended by Chapter 276, Laws of Utah 2000
67-16-5, as last amended by Chapters 13 and 92, Laws of Utah 1998
67-16-5.3, as enacted by Chapter 108, Laws of Utah 2000
67-16-6, as last amended by Chapter 92, Laws of Utah 1998
72-6-107, as last amended by Chapter 28, Laws of Utah 2001
73-10-27, as last amended by Chapter 365, Laws of Utah 1999
RENUMBERS AND AMENDS:
63-56-101, (Renumbered from 63-56-1, as enacted by Chapter 75, Laws of Utah 1980)
63-56-102, (Renumbered from 63-56-2, as last amended by Chapter 80, Laws of Utah
2002)
63-56-103, (Renumbered from 63-56-3, as last amended by Chapter 365, Laws of Utah
1999)
63-56-104, (Renumbered from 63-56-4, as last amended by Chapter 252, Laws of Utah
1997)
63-56-105, (Renumbered from 63-56-5, as last amended by Chapters 159 and 178, Laws
of Utah 2002)
63-56-201, (Renumbered from 63-56-6, as last amended by Chapter 36, Laws of Utah
2003)
63-56-202, (Renumbered from 63-56-7, as last amended by Chapter 232, Laws of Utah
1993)
63-56-203, (Renumbered from 63-56-8, as last amended by Chapter 252, Laws of Utah
1997)
63-56-204, (Renumbered from 63-56-9, as last amended by Chapter 35, Laws of Utah
2004)
63-56-205, (Renumbered from 63-56-10, as enacted by Chapter 75, Laws of Utah 1980)
63-56-206, (Renumbered from 63-56-11, as last amended by Chapter 252, Laws of Utah
1997)
63-56-207, (Renumbered from 63-56-13, as last amended by Chapter 35, Laws of Utah
2004)
63-56-208, (Renumbered from 63-56-14, as last amended by Chapter 232, Laws of Utah
1993)
63-56-209, (Renumbered from 63-56-15, as enacted by Chapter 75, Laws of Utah 1980)
63-56-301, (Renumbered from 63-56-16, as enacted by Chapter 75, Laws of Utah 1980)
63-56-302, (Renumbered from 63-56-17, as enacted by Chapter 75, Laws of Utah 1980)
63-56-303, (Renumbered from 63-56-19, as enacted by Chapter 75, Laws of Utah 1980)
63-56-401, (Renumbered from 63-56-20, as last amended by Chapter 142, Laws of Utah
1998)
63-56-402, (Renumbered from 63-56-20.1, as enacted by Chapter 305, Laws of Utah
2001)
63-56-403, (Renumbered from 63-56-20.3, as enacted by Chapter 32, Laws of Utah 1992)
63-56-404, (Renumbered from 63-56-20.5, as last amended by Chapter 2, Laws of Utah
1988, Second Special Session)
63-56-405, (Renumbered from 63-56-20.6, as enacted by Chapter 2, Laws of Utah 1988,
Second Special Session)
63-56-406, (Renumbered from 63-56-20.7, as last amended by Chapter 13, Laws of Utah
1998)
63-56-407, (Renumbered from 63-56-20.8, as enacted by Chapter 114, Laws of Utah
1996)
63-56-408, (Renumbered from 63-56-21, as last amended by Chapter 232, Laws of Utah
1993)
63-56-409, (Renumbered from 63-56-22, as enacted by Chapter 75, Laws of Utah 1980)
63-56-410, (Renumbered from 63-56-23, as last amended by Chapter 342, Laws of Utah
1998)
63-56-411, (Renumbered from 63-56-24, as enacted by Chapter 75, Laws of Utah 1980)
63-56-412, (Renumbered from 63-56-25, as enacted by Chapter 75, Laws of Utah 1980)
63-56-413, (Renumbered from 63-56-26, as enacted by Chapter 75, Laws of Utah 1980)
63-56-414, (Renumbered from 63-56-27, as enacted by Chapter 75, Laws of Utah 1980)
63-56-415, (Renumbered from 63-56-28, as last amended by Chapter 259, Laws of Utah
1981)
63-56-416, (Renumbered from 63-56-29, as enacted by Chapter 75, Laws of Utah 1980)
63-56-417, (Renumbered from 63-56-30, as enacted by Chapter 75, Laws of Utah 1980)
63-56-418, (Renumbered from 63-56-31, as enacted by Chapter 75, Laws of Utah 1980)
63-56-419, (Renumbered from 63-56-32, as enacted by Chapter 75, Laws of Utah 1980)
63-56-420, (Renumbered from 63-56-33, as enacted by Chapter 75, Laws of Utah 1980)
63-56-421, (Renumbered from 63-56-34, as last amended by Chapter 259, Laws of Utah
1991)
63-56-422, (Renumbered from 63-56-35.5, as last amended by Chapter 178, Laws of
Utah 1986)
63-56-423, (Renumbered from 63-56-35.6, as enacted by Chapter 201, Laws of Utah
1985)
63-56-424, (Renumbered from 63-56-35.7, as last amended by Chapter 232, Laws of
Utah 1993)
63-56-425, (Renumbered from 63-56-35.8, as last amended by Chapter 135, Laws of
Utah 1993)
63-56-501, (Renumbered from 63-56-36, as last amended by Chapter 167, Laws of Utah
2004)
63-56-502, (Renumbered from 63-56-36.1, as last amended by Chapter 167, Laws of
Utah 2004)
63-56-503, (Renumbered from 63-56-37, as last amended by Chapter 80, Laws of Utah
2002)
63-56-504, (Renumbered from 63-56-38, as last amended by Chapter 80, Laws of Utah
2002)
63-56-505 (Effective 05/01/05), (Renumbered from 63-56-38.1 (Effective 05/01/05), as
last amended by Chapters 30 and 250, Laws of Utah 2004)
63-56-506, (Renumbered from 63-56-39, as enacted by Chapter 75, Laws of Utah 1980)
63-56-601, (Renumbered from 63-56-40, as enacted by Chapter 75, Laws of Utah 1980)
63-56-602, (Renumbered from 63-56-41, as enacted by Chapter 75, Laws of Utah 1980)
63-56-701, (Renumbered from 63-56-42, as enacted by Chapter 75, Laws of Utah 1980)
63-56-702, (Renumbered from 63-56-43, as enacted by Chapter 75, Laws of Utah 1980)
63-56-703, (Renumbered from 63-56-43.1, as enacted by Chapter 89, Laws of Utah 1997)
63-56-704, (Renumbered from 63-56-44, as enacted by Chapter 75, Laws of Utah 1980)
63-56-705, (Renumbered from 63-56-44.5, as enacted by Chapter 21, Laws of Utah 2000)
63-56-801, (Renumbered from 63-56-45, as enacted by Chapter 75, Laws of Utah 1980)
63-56-802, (Renumbered from 63-56-46, as last amended by Chapter 92, Laws of Utah
1987)
63-56-803, (Renumbered from 63-56-47, as last amended by Chapter 178, Laws of Utah
2002)
63-56-804, (Renumbered from 63-56-48, as enacted by Chapter 75, Laws of Utah 1980)
63-56-805, (Renumbered from 63-56-49, as enacted by Chapter 75, Laws of Utah 1980)
63-56-806, (Renumbered from 63-56-50, as enacted by Chapter 75, Laws of Utah 1980)
63-56-807, (Renumbered from 63-56-51, as last amended by Chapter 243, Laws of Utah
1996)
63-56-808, (Renumbered from 63-56-52, as enacted by Chapter 75, Laws of Utah 1980)
63-56-809, (Renumbered from 63-56-53, as enacted by Chapter 75, Laws of Utah 1980)
63-56-810, (Renumbered from 63-56-54, as enacted by Chapter 75, Laws of Utah 1980)
63-56-811, (Renumbered from 63-56-55, as enacted by Chapter 75, Laws of Utah 1980)
63-56-812, (Renumbered from 63-56-56, as enacted by Chapter 75, Laws of Utah 1980)
63-56-813, (Renumbered from 63-56-57, as enacted by Chapter 75, Laws of Utah 1980)
63-56-814, (Renumbered from 63-56-58, as last amended by Chapter 47, Laws of Utah
1986)
63-56-815, (Renumbered from 63-56-59, as last amended by Chapter 267, Laws of Utah
2004)
63-56-816, (Renumbered from 63-56-60, as last amended by Chapter 92, Laws of Utah
1987)
63-56-817, (Renumbered from 63-56-61, as last amended by Chapter 259, Laws of Utah
1981)
63-56-818, (Renumbered from 63-56-62, as enacted by Chapter 75, Laws of Utah 1980)
63-56-819, (Renumbered from 63-56-63, as enacted by Chapter 75, Laws of Utah 1980)
63-56-820, (Renumbered from 63-56-64, as last amended by Chapter 79, Laws of Utah
1989)
63-56-901, (Renumbered from 63-56-65, as enacted by Chapter 75, Laws of Utah 1980)
63-56-902, (Renumbered from 63-56-66, as enacted by Chapter 75, Laws of Utah 1980)
63-56-903, (Renumbered from 63-56-67, as enacted by Chapter 75, Laws of Utah 1980)
63-56-904, (Renumbered from 63-56-68, as enacted by Chapter 75, Laws of Utah 1980)
63-56-905, (Renumbered from 63-56-69, as last amended by Chapter 92, Laws of Utah
1987)
63-56-906, (Renumbered from 63-56-70, as enacted by Chapter 75, Laws of Utah 1980)
63-56-907, (Renumbered from 63-56-71, as enacted by Chapter 75, Laws of Utah 1980)
63-56-1001, (Renumbered from 63-56-72, as enacted by Chapter 75, Laws of Utah 1980)
63-56-1002, (Renumbered from 63-56-73, as enacted by Chapter 75, Laws of Utah 1980)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 7-1-323 is amended to read:
7-1-323. Regulation of interstate operations -- Coordination of efforts.
(1) The commissioner may:
(a) examine, supervise, and regulate a branch operated in this state by a depository
institution chartered by another state and take any action or issue any order with regard to that
branch;
(b) examine, supervise, and regulate a branch operated in another state by a depository
institution chartered by this state and take any action or issue any order with regard to that
branch; and
(c) coordinate these activities with any other state or federal agency that shares
jurisdiction over the institution.
(2) The commissioner may coordinate the examination, supervision, and regulation of
any depository institution chartered by this state with the examination, supervision, and
regulation of an affiliated depository institution operating in another state.
(3) The commissioner may take any reasonable and lawful action in furtherance of
coordinating the regulation of interstate operations, including:
(a) negotiating and entering into cooperative agreements with an agency of another state
or of the federal government;
(b) sharing information and reports in accordance with Section 7-1-802 with an agency
that shares jurisdiction over the institution;
(c) accepting as sufficient, if appropriate, examination reports and other information
compiled or generated by or for an agency that shares jurisdiction over the institution;
(d) contracting with an agency that shares jurisdiction over the institution to engage the
services of its examiners at a reasonable rate of compensation;
(e) offering the services of the department's examiners at a reasonable rate of
compensation to an agency that shares jurisdiction over the institution;
(f) collecting fees on behalf of, or receiving payment of fees through, an agency that
shares jurisdiction over the institution; and
(g) cooperating in any other way with other supervisory agencies and professional
associations to promote the efficient, safe, and sound operation and regulation of interstate
depository institution activities, including the formulation of interstate examination policies and
procedures and the drafting of model laws, rules, and agreements.
(4) A contract between the department and an agency that shares jurisdiction over a
depository institution to provide examiners to aid in interstate examination and regulation is
considered a sole source contract under Section [
Section 2. Section 10-3-1304 is amended to read:
10-3-1304. Use of office for personal benefit prohibited.
(1) As used in this section, "economic benefit tantamount to a gift" includes:
(a) a loan at an interest rate that is substantially lower than the commercial rate then
currently prevalent for similar loans; and
(b) compensation received for private services rendered at a rate substantially exceeding
the fair market value of the services.
(2) It is an offense for an elected or appointed officer or municipal employee, under
circumstances not amounting to a violation of Section [
(a) disclose or improperly use private, controlled, or protected information acquired by
reason of his official position or in the course of official duties in order to further substantially
the officer's or employee's personal economic interest or to secure special privileges or
exemptions for himself or others;
(b) use or attempt to use his official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges for himself or others; or
(c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for himself or
another a gift of substantial value or a substantial economic benefit tantamount to a gift that:
(i) would tend improperly to influence a reasonable person in the person's position to
depart from the faithful and impartial discharge of the person's public duties; or
(ii) the person knows or that a reasonable person in that position should know under the
circumstances is primarily for the purpose of rewarding the person for official action taken.
(3) Subsection (2)(c) does not apply to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented in recognition of public services;
(c) any bona fide loan made in the ordinary course of business; or
(d) a political campaign contribution.
Section 3. Section 10-3-1305 is amended to read:
10-3-1305. Compensation for assistance in transaction involving municipality --
Public disclosure and filing required.
(1) As used in this section, "municipal body" means any public board, commission,
committee, or other public group organized to make public policy decisions or to advise persons
who make public policy decisions.
(2) It is an offense for an elected officer, or appointed officer, who is a member of a
public body, under circumstances not amounting to a violation of Section [
or 76-8-105 , to receive or agree to receive compensation for assisting any person or business
entity in any transaction involving the municipality in which he is an officer unless he:
(a) files with the mayor a sworn statement giving the information required by this
section; and
(b) discloses the information required by Subsection (5) in an open meeting to the
members of the body of which he is a member immediately before the discussion.
(3) It is an offense for an appointed officer who is not a member of a public body or a
municipal employee to receive or agree to receive compensation for assisting any person or
business entity in any transaction involving the municipality by which he is employed unless the
officer or employee:
(a) files with the mayor a sworn statement giving the information required by this
section; and
(b) discloses the information required by Subsection (5) to:
(i) his immediate supervisor; and
(ii) any other municipal officer or employee who may rely upon the employee's
representations in evaluating or approving the transaction.
(4) (a) The officer or employee shall file the statement required to be filed by this section
ten days before the date of any agreement between the elected or appointed officer or municipal
employee and the person or business entity being assisted or ten days before the receipt of
compensation by the officer or employee, whichever is earlier.
(b) The statement is public information and shall be available for examination by the
public.
(5) The statement and disclosure shall contain:
(a) the name and address of the officer or municipal employee;
(b) the name and address of the person or business entity being or to be assisted or in
which the appointed or elected official or municipal employee has a substantial interest; and
(c) a brief description of the transaction as to which service is rendered or is to be
rendered and of the nature of the service performed or to be performed.
Section 4. Section 10-7-87 is amended to read:
10-7-87. Procurement -- Use of recycled goods.
The procurement officer or other person responsible for purchasing supplies for each
municipality shall:
(1) maintain for reference a copy of the current listing of recycled items available on state
contracts as issued by the chief procurement officer under Section [
(2) give recycled items consideration when inviting bids and purchasing supplies, in
compliance with Section 11-37-101 .
Section 5. Section 11-37-101 is amended to read:
11-37-101. Definition -- Procurement -- Use of recycled goods.
(1) "Local government entity" means:
(a) municipalities, cities, and counties;
(b) entities created under Title 26A, Chapter 1, Local Health Departments; and
(c) political subdivisions created by cities or counties, including entities created under:
(i) Title 9, Chapter 4, Part 9, Utah Housing Corporation Act; and
(ii) Title 11, Chapter 13, Interlocal Cooperation Act.
(2) The procurement officer or other person responsible for purchasing supplies for each
local government entity shall:
(a) maintain for reference a copy of the current listing of recycled items available on state
contract as issued by the chief procurement officer under Section [
(b) give recycled items consideration when inviting bids and purchasing supplies.
Section 6. Section 11-39-107 is amended to read:
11-39-107. Procurement code.
(1) This chapter may not be construed to:
(a) prohibit a county legislative body from adopting the procedures of the procurement
code; or
(b) limit the application of the procurement code to a special district or local district.
(2) (a) In seeking bids and awarding a contract for a building improvement or public
works project, a county legislative body may elect to follow the provisions of the procurement
code, as the county legislative body considers appropriate under the circumstances, for
specification preparation, source selection, or contract formation.
(b) A county legislative body's election to adopt the procedures of the procurement code
may not excuse the county from complying with the requirements to award a contract for work in
excess of the bid limit and to publish notice of the intent to award.
(c) An election under Subsection (2)(a) may be made on a case-by-case basis, unless the
county has previously adopted the procurement code as permitted by Subsection [
63-56-102 (3)(e).
(d) The county legislative body shall:
(i) make each election under Subsection (2)(a) in an open meeting; and
(ii) specify in its action the portions of the procurement code to be followed.
(3) If the estimated cost of the building improvement or public works project proposed
by a special district or local district exceeds the bid limit, the legislative body of the special
district or local district may, if it determines to proceed with the building improvement or public
works project, use the competitive procurement procedures of the procurement code in place of
the comparable provisions of this chapter.
Section 7. Section 14-1-18 is amended to read:
14-1-18. Definitions -- Application of Procurement Code to payment and
performance bonds.
(1) (a) For purposes of this chapter, "political subdivision" means any county, city, town,
school district, public transit district, special district, redevelopment agency, public corporation,
institution of higher education of the state, public agency of any political subdivision, and, to the
extent provided by law, any other entity which expends public funds for construction.
(b) For purposes of applying Section [
"state" includes "political subdivision."
(2) Section [
or repair of any public building or public work of the state or a political subdivision of the state.
Section 8. Section 17-15-24 is amended to read:
17-15-24. Procurement -- Use of recycled goods.
The procurement officer or other person responsible for purchasing supplies for each
county and each entity created by a county or joined by a county shall:
(1) maintain for reference a copy of the current listing of recycled items available on a
state contract as issued by the chief procurement officer appointed under Section [
63-56-204 ; and
(2) give recycled items consideration when inviting bids and purchasing supplies, in
compliance with Section 11-37-101 .
Section 9. Section 17-16a-4 is amended to read:
17-16a-4. Prohibited use of official position.
(1) It is an offense for an elected or appointed officer, under circumstances not
amounting to a violation of Section [
(a) disclose confidential information acquired by reason of his official position or use
that information to secure special privileges or exemptions for himself or others;
(b) use or attempt to use his official position to secure special privileges for himself or
others; or
(c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan
for himself or another if the gift or loan tends to influence him in the discharge of his official
duties.
(2) This section is inapplicable to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented;
(c) any bona fide loan made in the ordinary course of business; or
(d) political campaign contributions actually used in a political campaign.
Section 10. Section 17A-1-801 is amended to read:
17A-1-801. Hiring of professional architect, engineer, or surveyor.
Notwithstanding Subsection [
engages the services of a professional architect, engineer, or surveyor and considers more than
one such professional for the engagement:
(1) shall consider, as a minimum, in the selection process:
(a) the qualifications, experience, and background of each firm submitting a proposal;
(b) the specific individuals assigned to the project and the time commitments of each to
the project; and
(c) the project schedule and the approach to the project that the firm will take; and
(2) may engage the services of a professional architect, engineer, or surveyor based on
the criteria under Subsection (1) rather than solely on lowest cost.
Section 11. Section 17A-2-328 is amended to read:
17A-2-328. Powers of municipalities -- Collection -- System for collection, retention,
and disposition of storm and flood waters -- Power of district to make contracts --
Retainage.
(1) (a) If an improvement district under this part contracts with a municipality to supply
sewage treatment or disposal service, the municipality's legislative body may:
(i) impose an appropriate service charge to each party connected with the municipality's
sewer system for the services provided by the improvement district, as the municipality's
legislative body considers reasonable and proper; and
(ii) require industrial and commercial establishments to pretreat certain wastes and
sewage when the wastes and sewage would otherwise impose an unreasonable burden upon the
collection system or the treatment facility of the improvement district.
(b) If the municipality operates a waterworks system, the charge under Subsection
(1)(a)(i) may be combined with the charge made for water furnished by the water system and may
be collected and the collection thereof secured in the same manner as that specified in Section
10-8-38 .
(2) (a) An improvement district acquiring a system for the collection, retention, and
disposition of storm and flood waters may contract with a municipality or other political
subdivision or a person, firm, or corporation for the collection of storm and flood waters by any
of the contracting parties.
(b) Some or all of the parties to a contract under Subsection (2)(a) may agree to joint
acquisition, ownership, construction, operation, or maintenance of all or part of the system for
the collection of storm and flood waters.
(c) (i) In exercising the power to acquire and operate a system for the collection of storm
and flood waters, an improvement district may contract for the construction of storm sewers,
drainage channels, dams, dikes, levees, reservoirs, and other pertinent improvements.
(ii) As a local public procurement unit as defined in Subsection [
each improvement district contracting as provided in Subsection (2)(c)(i) shall comply with the
provisions applicable to local public procurement units under Title 63, Chapter 56, Utah
Procurement Code.
(3) If any payment on a contract with a private person, firm, or corporation to construct
storm sewers, drainage canals, dams, dikes, levees, reservoirs, and other pertinent improvements
is retained or withheld, it shall be retained or withheld and released as provided in Section
13-8-5 .
Section 12. Section 26-8a-405.2 is amended to read:
26-8a-405.2. Selection of provider -- Public bid -- Public convenience and necessity.
(1) (a) A political subdivision may contract with an applicant approved under Section
26-8a-404 to provide 911 ambulance or paramedic services for the geographic service area that is
approved by the department in accordance with Subsection (2), if the political subdivision
complies with the provisions of this section.
(b) The provisions of this section and Section 26-8a-405.1 do not require a political
subdivision to issue a request for proposal for ambulance or paramedic services. If a political
subdivision does not contract with an applicant in accordance with this section, the provisions of
Sections 26-8a-406 through 26-8a-409 apply to the issuance of a license for ambulance or
paramedic services in the geographic service area that is within the boundaries of the political
subdivision.
(c) (i) For purposes of this Subsection (1)(c):
(A) "local district" and "county service area" are defined in Subsection
26-8a-405.1 (1)(b)(iii);
(B) "participating municipality" means a city or town whose area is partly or entirely
included within a county service area or local district; and
(C) "participating county" means a county whose unincorporated area is partly or entirely
included within a county service area or local district.
(ii) A participating municipality or participating county may contract with a provider for
911 ambulance or paramedic service as provided in this section.
(iii) If the participating municipality or participating county contracts with a provider for
911 ambulance or paramedic services under this section:
(A) the county service area or local district is not obligated to provide the ambulance or
paramedic services that are included in the contract between the participating municipality or the
participating county and the 911 ambulance or paramedic provider;
(B) the county service area and local district may impose taxes and obligations within the
county service area or local district in the same manner as if the participating municipality or
participating county were receiving all services offered by the local district or county service
area; and
(C) the participating municipality's and participating county's obligations to the local
district or county service area are not diminished.
(2) (a) The political subdivision shall submit the request for proposal and the exclusive
geographic service area to be included in the request for proposal to the department for approval
prior to issuing the request for proposal. The department shall approve the request for proposal
and the exclusive geographic service area:
(i) unless the geographic service area creates an orphaned area; and
(ii) in accordance with Subsections (2)(b) and (c).
(b) The exclusive geographic service area may:
(i) include the entire geographic service area that is within the political subdivision's
boundaries;
(ii) include islands within or adjacent to other peripheral areas not included in the
political subdivision that governs the geographic service area; or
(iii) exclude portions of the geographic service area within the political subdivision's
boundaries if another political subdivision or licensed provider agrees to include the excluded
area within their license.
(c) The proposed geographic service area for 911 ambulance or paramedic service must
demonstrate that non-911 ambulance or paramedic service will be provided in the geographic
service area, either by the current provider, the applicant, or some other method acceptable to the
department. The department may consider the effect of the proposed geographic service area on
the costs to the non-911 provider and that provider's ability to provide only non-911 services in
the proposed area.
(3) (a) (i) A political subdivision may select an applicant approved by the department
under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract let to the
lowest, responsive, and responsible bidder after publication of notice at least once a week for
three consecutive weeks in a newspaper of general circulation published in the county, or if there
is no such newspaper, then after posting such notice for at least 20 days in at least five public
places in the county.
(ii) The applicants who are approved under Section 26-8a-405 and who are selected
under Subsection (3)(a)(i) may be the political subdivision issuing the request for proposal, or
any other public entity or entities, any private person or entity, or any combination thereof.
(b) A political subdivision may reject all of the bids.
(4) In seeking bids and awarding contracts under this section, a political subdivision:
(a) shall follow the provisions of Section [
(b) shall consider the public convenience and necessity factors listed in Subsections
26-8a-408 (2), (3), and (4);
(c) shall require the applicant responding to the bid to disclose how the applicant will
meet performance standards in the request for proposal;
(d) may not require or restrict an applicant to a certain method of meeting the
performance standards; and
(e) (i) shall require an applicant to submit the bid based on full cost accounting in
accordance with generally accepted accounting principals; and
(ii) if the applicant is a governmental entity, in addition to the requirements of
Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and in
compliance with the State of Utah Legal Compliance Audit Guide.
Section 13. Section 26A-1-108.7 is amended to read:
26A-1-108.7. Procurement -- Use of recycled goods.
The procurement officer or other person responsible for purchasing supplies for each
local health department shall:
(1) maintain for reference a copy of the current listing of recycled items available on state
contract as issued by the chief procurement officer under Section [
(2) give recycled items consideration when inviting bids and purchasing supplies, in
compliance with Section 11-37-101 .
Section 14. Section 53A-20-101 is amended to read:
53A-20-101. Construction and alteration of schools and plants -- Advertising for
bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local school
boards -- Interest of local school board members.
(1) As used in this section, the word "sealed" does not preclude acceptance of
electronically sealed and submitted bids or proposals in addition to bids or proposals manually
sealed and submitted.
(2) (a) Prior to the construction of any school or the alteration of any existing school
plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
board shall advertise for bids on the project at least ten days before the bid due date.
(b) The board shall have the advertisement published in a newspaper having general
circulation throughout the state and in appropriate construction trade publications that offer free
listings.
(c) A similar advertisement is required in a newspaper published or having general
circulation in any city or county that would be affected by the proposed project.
(d) The advertisement shall:
(i) require sealed proposals for the building project in accordance with plans and
specifications furnished by the local school board;
(ii) state where and when the proposals will be opened and shall reserve the right of the
board to reject any and all proposals; and
(iii) require a certified check or bid bond of not less than 5% of the bid to accompany the
bid.
(3) (a) The board shall meet at the time and place specified in the advertisement and
publicly open and read all received proposals.
(b) If satisfactory bids are received, the board shall award the contract to the lowest
responsible bidder.
(c) If none of the proposals are satisfactory, all shall be rejected.
(d) The board shall again advertise in the manner provided in this section.
(e) If, after advertising a second time no satisfactory bid is received, the board may
proceed under its own direction with the required project.
(4) (a) The check or bond required under Subsection (2)(d) shall be drawn in favor of the
local school board.
(b) If the successful bidder fails or refuses to enter into the contract and furnish the
additional bonds required under this section, then the bidder's check or bond is forfeited to the
district.
(5) A local school board shall require payment and performance bonds of the successful
bidder as required in Section [
(6) (a) A local school board may require in the proposed contract that at least 10% of the
contract price be withheld until the project is completed and accepted by the board.
(b) If money is withheld, the board shall place it in an interest bearing account, and the
interest accrues for the benefit of the contractor and subcontractors.
(c) This money shall be paid upon completion of the project and acceptance by the board.
(7) (a) A local school board may not bid on projects within the district if the total
accumulative estimated cost exceeds $80,000.
(b) The board may use its resources if no satisfactory bids are received under this section.
(8) If the local school board determines in accordance with Section [
to use a construction manager/general contractor as its method of construction contracting
management on projects where the total estimated accumulative cost exceeds $80,000, it shall
select the construction manager/general contractor using one of the source selection methods
provided for in Sections [
(9) A local school board member may not have a direct or indirect financial interest in
the construction project contract.
Section 15. Section 63-56-101 , which is renumbered from Section 63-56-1 is
renumbered and amended to read:
[
The underlying purposes and policies of this chapter are:
(1) to simplify, clarify, and modernize the law governing procurement by this state;
(2) to ensure the fair and equitable treatment of all persons who deal with the
procurement system of this state;
(3) to provide increased economy in state procurement activities; and
(4) to foster effective broad-based competition within the free enterprise system.
Section 16. Section 63-56-102 , which is renumbered from Section 63-56-2 is
renumbered and amended to read:
[
(1) This chapter applies only to contracts solicited or entered into after the effective date
of this chapter unless the parties agree to its application to a contract solicited or entered into
prior to the effective date.
(2) Except as provided in Section [
expenditure of public funds irrespective of their source, including federal assistance, by any state
agency under any contract.
(3) (a) Only the following sections shall apply to local public procurement units:
Sections [
63-56-303 through [
through [
[
provided in Sections [
procurement appeals board is limited to matters involving state agencies.
(b) Subsections [
63-56-504 (2) also apply to local public procurement units.
(c) For the purpose of application of those sections and subsections to a local public
procurement unit, "state" shall mean "local public procurement unit," "chief procurement officer"
or "head of a purchasing agency" shall mean any person conducting procurement for a local
public procurement unit, and "rules and regulations" shall mean ordinances and rules and
regulations promulgated by a local public procurement unit to implement or supplement those
sections.
(d) In addition to the sections and subsections listed above and except as provided in
Section 17A-1-801 relating to special districts, each local public procurement unit shall adopt
ordinances relating to the procurement of architect-engineer services not inconsistent with the
provisions of Part [
(e) Any other section of this chapter, or its implementing regulations, may be adopted by
any local public procurement unit.
(f) Any other implementing regulations adopted by local public procurement units may
not be inconsistent with the provisions of this chapter.
(4) Unless otherwise provided by statute, this chapter does not apply to procurement of
real property.
Section 17. Section 63-56-103 , which is renumbered from Section 63-56-3 is
renumbered and amended to read:
[
(1) This chapter is not applicable to funds administered under the Percent-for-Art
Program of the Utah Percent-for-Art Act.
(2) This chapter is not applicable to grants awarded by the state or contracts between the
state and local public procurement units except as provided in Part [
Intergovernmental Relations.
(3) This chapter shall not prevent the state or a local public procurement unit from
complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent
with law.
(4) When a procurement involves the expenditure of federal assistance or contract funds,
the chief procurement officer or head of a purchasing agency shall comply with mandatory
applicable federal law and regulations not reflected in this chapter.
(5) This chapter may not supersede the requirements for retention or withholding of
construction proceeds and release of construction proceeds as provided in Section 13-8-5 .
Section 18. Section 63-56-104 , which is renumbered from Section 63-56-4 is
renumbered and amended to read:
[
(1) All procurement records shall be retained and disposed of in accordance with Title
63, Chapter 2, Government Records Access and Management Act.
(2) Written determinations required by this chapter shall also be retained in the
appropriate official contract file of the Division of Purchasing and General Services or the
purchasing agency.
Section 19. Section 63-56-105 , which is renumbered from Section 63-56-5 is
renumbered and amended to read:
[
As used in this chapter:
(1) "Architect-engineer services" are those professional services within the scope of the
practice of architecture as defined in Section 58-3a-102 , or professional engineering as defined in
Section 58-22-102 .
(2) "Business" means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture, or any other private legal entity.
(3) "Change order" means a written order signed by the procurement officer, directing
the contractor to suspend work or make changes, which the appropriate clauses of the contract
authorize the procurement officer to order without the consent of the contractor or any written
alteration in specifications, delivery point, rate of delivery, period of performance, price,
quantity, or other provisions of any contract accomplished by mutual action of the parties to the
contract.
(4) (a) "Construction" means the process of building, renovation, alteration,
improvement, or repair of any public building or public work.
(b) "Construction" does not mean the routine operation, routine repair, or routine
maintenance of existing structures, buildings, or real property.
(5) (a) "Construction Manager/General Contractor" means any contractor who enters into
a contract for the management of a construction project when that contract allows the contractor
to subcontract for additional labor and materials that were not included in the contractor's cost
proposal submitted at the time of the procurement of the Construction Manager/General
Contractor's services.
(b) "Construction Manager/General Contractor" does not mean a contractor whose only
subcontract work not included in the contractor's cost proposal submitted as part of the
procurement of construction is to meet subcontracted portions of change orders approved within
the scope of the project.
(6) "Contract" means any state agreement for the procurement or disposal of supplies,
services, or construction.
(7) "Cooperative purchasing" means procurement conducted by, or on behalf of, more
than one public procurement unit, or by a public procurement unit with an external procurement
unit.
(8) "Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract terms and
the provisions of this chapter, and a fee, if any.
(9) (a) "Design-build" means the procurement of architect-engineer services and
construction by the use of a single contract with the design-build provider.
(b) This method of design and construction can include the design-build provider
supplying the site as part of the contract.
(10) "Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor;
(b) is either published or otherwise available for inspection by customers; and
(c) states prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the supplies or
services involved.
(11) "External procurement unit" means any buying organization not located in this state
which, if located in this state, would qualify as a public procurement unit. An agency of the
United States is an external procurement unit.
(12) "Grant" means the furnishing by the state or by any other public or private source
assistance, whether financial or otherwise, to any person to support a program authorized by law.
It does not include an award whose primary purpose is to procure an end product, whether in the
form of supplies, services, or construction. A contract resulting from the award is not a grant but
a procurement contract.
(13) "Invitation for bids" means all documents, whether attached or incorporated by
reference, utilized for soliciting bids.
(14) "Local public procurement unit" means any political subdivision or institution of
higher education of the state or public agency of any subdivision, public authority, educational,
health, or other institution, and to the extent provided by law, any other entity which expends
public funds for the procurement of supplies, services, and construction, but not counties,
municipalities, political subdivisions created by counties or municipalities under the Interlocal
Cooperation Act, the Utah Housing Corporation, the Utah Technology Finance Corporation, or
the Legislature and its staff offices. It includes two or more local public procurement units acting
under legislation which authorizes intergovernmental cooperation.
(15) "Person" means any business, individual, union, committee, club, other
organization, or group of individuals, not including a state agency or a local public procurement
unit.
(16) "Policy board" means the procurement policy board created by Section [
63-56-201 .
(17) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(18) "Procurement" means buying, purchasing, renting, leasing, leasing with an option to
purchase, or otherwise acquiring any supplies, services, or construction. It also includes all
functions that pertain to the obtaining of any supply, service, or construction, including
description of requirements, selection, and solicitation of sources, preparation, and award of a
contract, and all phases of contract administration.
(19) "Procurement officer" means any person or board duly authorized to enter into and
administer contracts and make written determinations with respect thereto. It also includes an
authorized representative acting within the limits of authority.
(20) "Public procurement unit" means either a local public procurement unit or a state
public procurement unit.
(21) "Purchase description" means the words used in a solicitation to describe the
supplies, services, or construction to be purchased, and includes specifications attached to or
made a part of the solicitation.
(22) "Purchasing agency" means any state agency other than the Division of Purchasing
and General Services that is authorized by this chapter or its implementing regulations, or by
delegation from the chief procurement officer, to enter into contracts.
(23) "Request for proposals" means all documents, whether attached or incorporated by
reference, used for soliciting proposals.
(24) "Responsible bidder or offeror" means a person who has the capability in all
respects to perform fully the contract requirements and who has the integrity and reliability which
will assure good faith performance.
(25) "Responsive bidder" means a person who has submitted a bid which conforms in all
material respects to the invitation for bids.
(26) "Sealed" does not preclude acceptance of electronically sealed and submitted bids or
proposals in addition to bids or proposals manually sealed and submitted.
(27) "Services" means the furnishing of labor, time, or effort by a contractor, not
involving the delivery of a specific end product other than reports which are merely incidental to
the required performance. It does not include employment agreements or collective bargaining
agreements.
(28) "Specification" means any description of the physical or functional characteristics,
or of the nature of a supply, service, or construction item. It may include a description of any
requirement for inspecting, testing, or preparing a supply, service, or construction item for
delivery.
(29) "State agency" or "the state" means any department, division, commission, council,
board, bureau, committee, institution, government corporation, or other establishment, official, or
employee of this state.
(30) "State public procurement unit" means the Division of Purchasing and General
Services and any other purchasing agency of this state.
(31) "Supplies" means all property, including equipment, materials, and printing.
(32) "Using agency" means any state agency which utilizes any supplies, services, or
construction procured under this chapter.
Section 20. Section 63-56-201 , which is renumbered from Section 63-56-6 is
renumbered and amended to read:
[
(1) (a) There is created a state procurement policy board.
(b) The policy board shall consist of eight members who shall be appointed as follows:
(i) an employee of a state institution of higher education, appointed by the board of
regents;
(ii) an employee of the Department of Human Services, appointed by the executive
director of that department;
(iii) an employee of the Department of Transportation, appointed by the executive
director of that department;
(iv) an employee of a school district appointed by a cooperative purchasing entity for
school districts;
(v) an employee of the Division of Facilities Construction and Management appointed by
the director of that division;
(vi) an employee of a county, appointed by the Utah Association of Counties;
(vii) an employee of a city, appointed by the Utah League of Cities and Towns; and
(viii) an employee of a special district, appointed by the Utah Association of Special
Districts.
(c) Members of the policy board shall be knowledgeable and experienced in, and have
supervisory responsibility for, procurement in their official positions.
(2) Members shall be appointed to four-year staggered terms.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) (a) The policy board shall:
(i) adopt rules of procedure for conducting its business; and
(ii) elect a chair to serve for one year.
(b) The chair may be elected to succeeding terms.
(c) The chief procurement officer shall serve as the nonvoting secretary to the policy
board.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the board at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 21. Section 63-56-202 , which is renumbered from Section 63-56-7 is
renumbered and amended to read:
[
(1) Except as otherwise provided in Sections [
63-56-208 , the policy board shall:
(a) make rules, consistent with this chapter, governing the procurement, management,
and control of any and all supplies, services, and construction to be procured by the state; and
(b) consider and decide matters of policy within the provisions of this chapter, including
those referred to it by the chief procurement officer.
(2) (a) The policy board may:
(i) audit and monitor the implementation of its rules and the requirements of this chapter;
(ii) upon the request of a local public procurement unit, review that procurement unit's
proposed rules to ensure that they are not inconsistent with the provisions of this chapter; and
(iii) approve the use of innovative procurement methods proposed by local public
procurement units.
(b) The policy board may not exercise authority over the award or administration of:
(i) any particular contact; or
(ii) over any dispute, claim, or litigation pertaining to any particular contract.
Section 22. Section 63-56-203 , which is renumbered from Section 63-56-8 is
renumbered and amended to read:
[
Qualifications.
(1) The executive director of the Department of Administrative Services, with the
consent of the governor, shall appoint the chief procurement officer after considering
recommendations from the policy board.
(2) The chief procurement officer shall:
(a) have a minimum of eight years' experience in the large-scale procurement of supplies
and services or services and construction, at least five years of which shall have been in public or
comparable private procurement within 12 years preceding the date of appointment; and
(b) be a person with demonstrated executive and organizational ability.
(3) The chief procurement officer is also the director of the Division of Purchasing and
General Services.
Section 23. Section 63-56-204 , which is renumbered from Section 63-56-9 is
renumbered and amended to read:
[
Except as otherwise specifically provided in this chapter, the chief procurement officer
serves as the central procurement officer of the state and shall:
(1) adopt office policies governing the internal functions of the Division of Purchasing
and General Services;
(2) procure or supervise the procurement of all supplies, services, and construction
needed by the state;
(3) exercise general supervision and control over all inventories or supplies belonging to
the state;
(4) establish and maintain programs for the inspection, testing, and acceptance of
supplies, services, and construction;
(5) prepare statistical data concerning the procurement and usage of all supplies,
services, and construction;
(6) before June 1, 1990, notify all public procurement units of the requirements of
Section [
products, recycling requirements, and provide guidelines on the availability of recycled paper and
paper products, including the sources of supply and the potential uses of various grades of
recycled paper;
(7) before July 1, 1992:
(a) establish standards and specifications for determining which supplies are considered
recycled, based upon his review of current definitions and standards employed by national
procurement, product recycling, and other relevant organizations and the federal Environmental
Protection Agency;
(b) compile and update as necessary the specifications, a list of recycled supplies
available on state contract, and sources where the supplies may be obtained;
(c) make the compiled information under Subsection (7)(b) available to:
(i) all local government entities under Section 11-37-101 ;
(ii) all local health departments under Section 26A-1-108.7 ;
(iii) all procurement officers or other persons responsible for purchasing supplies within
the public school system under Title 53A, State System of Public Education;
(iv) all procurement officers or other persons responsible for purchasing supplies within
the state system of higher education under Title 53B, State System of Higher Education; and
(v) all procurement officers or other persons responsible for purchasing supplies for all
public procurement units as defined in Section [
(d) present a written report to the Natural Resources, Agriculture, and Environment
Interim Committee annually prior to November 30 regarding the purchases of recycled goods on
state contracts during the prior fiscal year; and
(8) ensure that:
(a) before approving a purchase, lease, or rental not covered by an existing statewide
contract for information technology or telecommunications supplies or services under the
provisions of Section 63A-6-105 , the director of the Division of Information Technology
Services has provided in writing to the chief procurement officer that the analysis required by
Subsection 63A-6-105 (7) was completed; and
(b) the oversight authority required by Subsection (8)(a) is not delegated outside the
Division of Purchasing and General Services.
Section 24. Section 63-56-205 , which is renumbered from Section 63-56-10 is
renumbered and amended to read:
[
Subject to rules and regulations, the chief procurement officer may delegate authority to
designees or to any department, agency, or official.
Section 25. Section 63-56-206 , which is renumbered from Section 63-56-11 is
renumbered and amended to read:
[
Except as otherwise provided in this chapter, all rights, powers, duties, and authority
relating to the procurement of supplies, services, and construction, and the management, control,
warehousing, and sale of supplies, services, and construction vested in or exercised by any state
agency on the effective date are transferred to the policy board as they relate to its duties and to
the Division of Purchasing and General Services as they relate to its duties.
Section 26. Section 63-56-207 , which is renumbered from Section 63-56-13 is
renumbered and amended to read:
[
(1) The authority to procure certain supplies, services, and construction given the public
procurement units governed by the following provisions shall be retained:
(a) Title 53B, State System of Higher Education;
(b) Title 63A, Chapter 5, State Building Board - Division of Facilities Construction and
Management;
(c) Title 67, Chapter 5, Attorney General;
(d) Title 72, Transportation; and
(e) Title 78, Chapter 3, District Courts.
(2) This authority extends only to supplies, services, and construction to the extent
provided in the cited chapters. Except as otherwise provided in Sections [
and [
construction in accordance with this chapter.
(3) (a) The Department of Transportation may make rules governing the procurement of
highway construction or improvement.
(b) This Subsection (3) supersedes Subsections (1) and (2).
(4) The Legislature may procure supplies and services for its own needs.
Section 27. Section 63-56-208 , which is renumbered from Section 63-56-14 is
renumbered and amended to read:
[
(1) (a) Except as provided in Subsection (2), the policy board shall make rules governing
state procurement by complying with the procedures and requirements of Title 63, Chapter 46a,
the Utah Administrative Rulemaking Act.
(b) The procurement rules adopted by the policy board under this section apply to all
local public procurement units unless the local public procurement unit's legislative body has
adopted separate rules governing procurement.
(2) The State Building Board rules governing procurement of construction,
architect-engineer services, and leases apply to the procurement of construction,
architect-engineer services, and leases of real property by the Division of Facilities Construction
and Management.
Section 28. Section 63-56-209 , which is renumbered from Section 63-56-15 is
renumbered and amended to read:
[
(1) The policy board may establish a Procurement Advisory Council, which shall meet at
least once a year for the discussion of problems and recommendations for improvement of the
procurement process. When requested by the policy board, the Procurement Advisory Council
may conduct studies, research, analyses, and make reports and recommendations with respect to
subjects or matters within the jurisdiction of the policy board. The Procurement Advisory
Council shall consist of representatives of state and local government and any other persons the
policy board [
(2) The chief procurement officer may appoint advisory groups to provide advice
regarding any matters within the authority of the chief procurement officer.
(3) Members of the Procurement Advisory Council and other advisory groups may be
reimbursed for expenses incurred in the performance of their duties, as provided by the policy
board.
Section 29. Section 63-56-301 , which is renumbered from Section 63-56-16 is
renumbered and amended to read:
[
Rules and regulations shall be promulgated to govern the preparation, maintenance, and
content of specifications for supplies, services, and construction required by the state. Rules and
regulations shall determine the extent to which a nonemployee who has prepared specifications
for use by the state may participate in any state procurement using such specifications.
Section 30. Section 63-56-302 , which is renumbered from Section 63-56-17 is
renumbered and amended to read:
[
specifications of supplies.
The chief procurement officer shall prepare, issue, revise, maintain, and monitor the use
of specifications for supplies, services, and construction required by the state. The chief
procurement officer shall obtain expert advice and assistance from personnel of using agencies in
the development of specifications and may delegate in writing to a using agency the authority to
prepare and utilize its own specifications.
Section 31. Section 63-56-303 , which is renumbered from Section 63-56-19 is
renumbered and amended to read:
[
All specifications shall seek to promote overall economy and best use for the purposes
intended and encourage competition in satisfying the state's needs, and shall not be unduly
restrictive. The requirements of this part regarding the purposes and nonrestrictiveness of
specifications shall apply to all specifications, including, but not limited to, those prepared by
architects, engineers, designers, and draftsmen for public contracts.
Section 32. Section 63-56-401 , which is renumbered from Section 63-56-20 is
renumbered and amended to read:
[
(1) Contracts shall be awarded by competitive sealed bidding except as otherwise
provided by this chapter.
(2) (a) An invitation for bids shall be issued when a contract is to be awarded by
competitive sealed bidding.
(b) The invitation shall include a purchase description and all contractual terms and
conditions applicable to the procurement.
(3) (a) Public notice of the invitation for bids shall be given a reasonable time before the
date set forth in the invitation for the opening of bids, in accordance with rules.
(b) The notice may include publication in a newspaper of general circulation a reasonable
time before bid opening.
(4) (a) Bids shall be opened publicly in the presence of one or more witnesses at the time
and place designated in the invitation for bids.
(b) The amount of each bid and any other relevant information specified by rules,
together with the name of each bidder, shall be recorded.
(c) The record and each bid shall be open to public inspection.
(5) (a) Bids shall be unconditionally accepted without alteration or correction, except as
authorized in this chapter.
(b) (i) Bids shall be evaluated based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability such as inspection, testing, quality,
workmanship, delivery, and suitability for a particular purpose.
(ii) Those criteria that will affect the bid price and be considered in evaluation for award
shall be objectively measurable.
(iii) The criteria may include discounts, transportation costs, and total or life cycle costs.
(c) No criteria may be used in bid evaluation that are not set forth in the invitation for
bids.
(6) (a) Correction or withdrawal of inadvertently erroneous bids before or after award, or
cancellation of awards or contracts based on the bid mistakes, shall be permitted in accordance
with rules.
(b) After bid opening, no changes in bid prices or other provisions of bids prejudicial to
the interest of the state or fair competition may be permitted.
(c) Except as otherwise provided by rule, all decisions to permit the correction or
withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a
written determination made by the chief procurement officer or the head of a purchasing agency.
(7) (a) The contract shall be awarded with reasonable promptness by written notice to the
lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth
in the invitation for bids.
(b) (i) If all bids for a construction project exceed available funds as certified by the
appropriate fiscal officer, and the low responsive and responsible bid does not exceed those
funds by more than 5%, the chief procurement officer or the head of a purchasing agency may, in
situations where time or economic considerations preclude resolicitation of work of a reduced
scope, negotiate an adjustment of the bid price, including changes in the bid requirements, with
the low responsive and responsible bidder in order to bring the bid within the amount of available
funds.
(ii) If the State Building Board establishes alternative procedures by rule under Section
63A-5-103 , the Division of Facilities Construction and Management need not comply with the
provisions of this Subsection (7) when a bid meets the requirements of the State Building Board's
rule.
(8) When it is considered impractical to prepare initially a purchase description to
support an award based on price, an invitation for bids may be issued requesting the submission
of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers
have been qualified under the criteria set forth in the first solicitation.
Section 33. Section 63-56-402 , which is renumbered from Section 63-56-20.1 is
renumbered and amended to read:
[
(1) As used in this section, "reverse auction" means a process where:
(a) contracts are awarded in an open and interactive environment, which may include the
use of electronic media; and
(b) bids are opened and made public immediately, and bidders given opportunity to
submit revised, lower bids, until the bidding process is complete.
(2) (a) Notwithstanding the requirements of this chapter, contracts may be awarded
through a reverse auction.
(b) The policy board shall make rules, consistent with this chapter, governing a reverse
auction process.
Section 34. Section 63-56-403 , which is renumbered from Section 63-56-20.3 is
renumbered and amended to read:
[
The procurement officer or other person responsible for purchasing supplies for each
public procurement unit shall:
(1) comply with Section [
(2) (a) maintain for reference a copy of the current listing of recycled items available on
state contract as issued by the chief procurement officer under Section [
(b) give recycled items consideration when inviting bids and purchasing supplies.
Section 35. Section 63-56-404 , which is renumbered from Section 63-56-20.5 is
renumbered and amended to read:
[
(1) (a) All public procurement units shall, in all purchases of goods, supplies, equipment,
materials, and printing, give a reciprocal preference to those bidders offering goods, supplies,
equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah
as against those bidders offering goods, supplies, equipment, materials, or printing produced,
manufactured, mined, grown, or performed in any state that gives or requires a preference to
goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or
performed in that state.
(b) The amount of reciprocal preference shall be equal to the amount of the preference
applied by the other state for that particular good, supply, equipment, material, or printing.
(c) (i) The bidder shall certify on the bid that the goods, supplies, equipment, materials,
or printing offered are produced, manufactured, mined, grown, or performed in Utah.
(ii) The reciprocal preference is waived if that certification does not appear on the bid.
(2) (a) If the bidder submitting the lowest responsive and responsible bid offers goods,
supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed
in a state that gives or requires a preference, and if another bidder has submitted a responsive and
responsible bid offering goods, supplies, equipment, materials, or printing produced,
manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocal
preference, his bid is equal to or less than the original lowest bid, the procurement officer shall:
(i) give notice to the bidder offering goods, supplies, equipment, materials, or printing
produced, manufactured, mined, grown, or performed in Utah that he qualifies as a preferred
bidder; and
(ii) make the purchase from the preferred bidder if, within 72 hours after notification to
him that he is a preferred bidder, he agrees, in writing, to meet the low bid.
(b) The procurement officer shall include the exact price submitted by the lowest bidder
in the notice he submits to the preferred bidder.
(c) The procurement officer may not enter into a contract with any other bidder for the
purchase until 72 hours have elapsed after notification to the preferred bidder.
(3) (a) If there is more than one preferred bidder, the procurement officer shall award the
contract to the willing preferred bidder who was the lowest preferred bidder originally.
(b) If there were two or more equally low preferred bidders, the procurement officer shall
comply with the rules adopted by the Procurement Policy Board to determine which bidder
should be awarded the contract.
(4) The provisions of this section do not apply if application of this section might
jeopardize the receipt of federal funds.
Section 36. Section 63-56-405 , which is renumbered from Section 63-56-20.6 is
renumbered and amended to read:
[
(1) As used in this section, "resident contractor" means a person, partnership,
corporation, or other business entity that:
(a) either has its principal place of business in Utah or that employs workers who are
residents of this state when available; and
(b) was transacting business on the date when bids for the public contract were first
solicited.
(2) (a) When awarding contracts for construction, a public procurement unit shall grant a
resident contractor a reciprocal preference as against a nonresident contractor from any state that
gives or requires a preference to contractors from that state.
(b) The amount of the reciprocal preference shall be equal to the amount of the
preference applied by the state of the nonresident contractor.
(3) (a) The bidder shall certify on the bid that he qualifies as a resident contractor.
(b) The reciprocal preference is waived if that certification does not appear on the bid.
(4) (a) If the contractor submitting the lowest responsive and responsible bid is not a
resident contractor and has his principal place of business in any state that gives or requires a
preference to contractors from that state, and if a resident contractor has also submitted a
responsive and responsible bid, and, with the benefit of the reciprocal preference, the resident
contractor's bid is equal to or less than the original lowest bid, the procurement officer shall:
(i) give notice to the resident contractor that he qualifies as a preferred resident
contractor; and
(ii) issue the contract to the resident contractor if, within 72 hours after notification to
him that he is a preferred resident contractor, he agrees, in writing, to meet the low bid.
(b) The procurement officer shall include the exact price submitted by the lowest bidder
in the notice he submits to the preferred resident contractor.
(c) The procurement officer may not enter into a contract with any other bidder for the
construction until 72 hours have elapsed after notification to the preferred resident contractor.
(5) (a) If there is more than one preferred resident contractor, the procurement officer
shall award the contract to the willing preferred resident contractor who was the lowest preferred
resident contractor originally.
(b) If there were two or more equally low preferred resident contractors, the procurement
officer shall comply with the rules adopted by the Procurement Policy Board to determine which
bidder should be awarded the contract.
(6) The provisions of this section do not apply if application of this section might
jeopardize the receipt of federal funds.
Section 37. Section 63-56-406 , which is renumbered from Section 63-56-20.7 is
renumbered and amended to read:
[
(1) As used in this section:
(a) "Chief procurement officer" is the chief procurement officer appointed under Section
[
(b) "Paper" means any newspaper, high-grade office paper, fine paper, bond paper, offset
paper, xerographic paper, mimeographic paper, duplicator paper, and related types of cellulosic
material containing not more than 10% by weight or volume of noncellulosic material such as
laminates, binders, coatings, or saturants.
(c) "Paper product" means any paper items or commodities, including paper napkins,
towels, corrugated and other cardboard, toilet tissue, paper and related types of cellulosic
products containing not more than 10% by weight or volume of noncellulosic material such as
laminates, binders, coatings, or saturants. "Paper product" does not include preprinted cellulosic
products such as books, newspapers, calendars, and magazines.
(d) "Postconsumer waste," "recycled paper," "recycled paper product," and "secondary
waste paper material" are defined by rule made by the Division of Purchasing, Department of
Administrative Services. The division rules shall be based on current definitions and standards
employed by national procurement, product recycling, and other relevant organizations such as
the federal Environmental Protection Agency.
(2) Notwithstanding Section [
units to purchase products from the lowest responsible bidder, and subject to Subsection (3),
every public procurement unit shall give preference to the purchase of paper and paper products
which are manufactured or produced from recycled materials.
(3) A public procurement unit shall give preference to purchasing recycled paper and
recycled paper products unless:
(a) the bid or purchase price for recycled paper or paper products exceeds by more than
5% the lowest responsive and responsible bidder whose bid meets the requirements and criteria
set forth in the invitation for bids;
(b) there is no recycled paper or paper product reasonably available that meets the
requirements and criteria set forth in the invitation for bids; or
(c) the public procurement unit has purchased at least the minimum percentage purchase
requirement of recycled paper or recycled paper products as provided in Subsection (4).
(4) (a) The minimum percentage purchase requirement for fiscal year 1990-91 is 10% of
the public procurement unit's projected annual paper and paper product purchases.
(b) The minimum percentage purchase requirement shall be increased by 5% each fiscal
year until the minimum percentage purchase requirement is 50%.
(5) Each public procurement unit shall provide the chief procurement officer with a
report at the end of each fiscal year documenting:
(a) the dollar amounts of paper and paper products purchased;
(b) the dollar amounts of recycled paper and recycled paper products purchased; and
(c) any additional costs resulting from purchasing recycled paper or recycled paper
products.
(6) The chief procurement officer shall provide a written report of the information
received under Subsection (5) to the Natural Resources, Agriculture, and Environment Interim
Committee prior to November 30 of each year.
(7) (a) Each state agency shall separate and collect all types of recyclable paper for
recycling, except under Subsection (7)(b). The chief procurement officer shall maintain an
updated list of which papers are recyclable.
(b) If the state agency conducts an evaluation under Subsection (8) and determines the
cost of recycling a certain type of recyclable paper is more than 10% greater than the cost of the
current disposal method, the entity is exempt from the requirements of Subsection (7)(a)
regarding that type of paper.
(8) A state agency's evaluation shall:
(a) determine the types and quantities of recyclable paper in the state agency's current
waste stream;
(b) determine the market value of the recyclable paper;
(c) determine and describe the alternatives for separating recyclable paper from the waste
stream;
(d) for each type of paper and for each method of separation, determine the cost of
separating and collecting the recyclable paper for recycling;
(e) determine the cost of the current disposal method for each type of recyclable paper;
(f) for each type of paper, compare the cost of the current disposal method with the cost
of separating and collecting the paper for recycling; and
(g) determine the cost of producing the report required under Subsection (13)(b).
(9) Each evaluation conducted under Subsection (8) shall:
(a) be in writing;
(b) justify all estimates;
(c) be retained by the state agency;
(d) be accessible to the public for review; and
(e) be submitted to the chief procurement officer.
(10) Each state agency conducting an evaluation shall revise the evaluation as necessary,
at least every 30 months.
(11) A state agency that is required to separate paper for recycling shall:
(a) designate an existing employee as a recycling coordinator to organize and coordinate
the state agency's recycling program;
(b) establish procedures for separating each type of paper required to be separated for
recycling;
(c) establish a system for separating and collecting each type of paper to be recycled,
which assures the recyclable paper is sold to appropriate industries for reuse or recycling; and
(d) make participation in the recycling program as easy as practicable for state agency
personnel by establishing clear policies.
(12) The monies received from the sale of recyclable paper shall be retained by the
agency for:
(a) reimbursement to the state agency for program administration costs incurred as a
result of recycling, if any; and
(b) funding recycling incentives programs.
(13) (a) The recycling coordinator designated in Subsection (11) shall keep records of:
(i) the quantity of paper recycled by the state agency;
(ii) the costs incurred by the state agency in recycling paper; and
(iii) the monies received from the sale of recyclable paper.
(b) Each recycling coordinator shall provide a written report of the state agency's
recycling activities including the information required under Subsection (13)(a) before
September 30 of each year to the chief procurement officer.
(14) The chief procurement officer shall provide a written report of the information
received under Subsection (13) to the Natural Resources, Agriculture, and Environment Interim
Committee prior to November 30 of each year.
Section 38. Section 63-56-407 , which is renumbered from Section 63-56-20.8 is
renumbered and amended to read:
[
(1) As used in this section, "alkaline paper" means paper that is acid-free, manufactured
with calcium carbonate as the principal filler, and meets standards for paper approved by the
American National Standards Institute, National Information Standards Organization, and
American Society for Testing and Materials.
(2) (a) Notwithstanding Section [
procurement units to purchase products from the lowest responsible bidder, and except as
provided in Subsection (2)(b), every public procurement unit shall purchase and use alkaline
paper.
(b) A public procurement unit shall purchase alkaline paper unless:
(i) the bid or purchase price for alkaline paper or alkaline recycled paper exceeds the
lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth
in the invitation for bids;
(ii) there is no alkaline or alkaline recycled paper reasonably available that meets the
requirements and criteria set forth in the invitation for bids; or
(iii) other paper products have equal or better quality characteristics than alkaline paper
and meet standards for paper approved by the American National Standards Institute, National
Information Standards Organization, and American Society for Testing and Materials.
(3) The state archivist shall promote the use of alkaline paper within state government,
local units of government, and school districts.
Section 39. Section 63-56-408 , which is renumbered from Section 63-56-21 is
renumbered and amended to read:
[
Procedure.
(1) (a) When, according to rules established by the Procurement Policy Board, the chief
procurement officer, the head of a purchasing agency, or a designee of either officer above the
level of procurement officer determines in writing that the use of competitive sealed bidding is
either not practicable or not advantageous to the state, a contract may be entered into by
competitive sealed proposals.
(b) (i) Competitive sealed proposals may be used for the procurement of services of
consultants, professionals, and providers as defined by the policy board by rule, whether or not
the determination described in this subsection has been made.
(ii) The policy board shall make rules establishing guidelines to assure maximum
practicable competition in those procurements, including the relative importance, if any, of the
fee to be charged by an offeror.
(iii) The rules may provide that it is either not practicable or not advantageous to the state
to procure certain types of supplies, services, or construction by competitive sealed bidding or
competitive sealed proposals.
(2) (a) Proposals shall be solicited through a request for proposals.
(b) Public notice of the request for proposals shall be given in accordance with policy
board rules.
(3) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
offerors during the process of negotiation.
(b) A register of proposals shall be prepared in accordance with policy board rules and
shall be open for public inspection after the contract is awarded.
(4) The request for proposals shall state the relative importance of price and other
evaluating factors.
(5) (a) As provided in the request for proposals and under policy board rules, discussions
may be conducted with responsible offerors who submit proposals for the purpose of assuring
full understanding of, and responsiveness to, solicitation requirements.
(b) Offerors shall be accorded fair and equal treatment with respect to any opportunity
for discussion and revision of proposals, and revisions may be permitted after submissions and
before the contract is awarded for the purpose of obtaining best and final offers.
(c) In conducting discussions, there shall be no disclosure of any information derived
from proposals submitted by competing offerors.
(6) (a) Award shall be made to the responsible offeror whose proposal is determined in
writing to be the most advantageous to the state, taking into consideration price and the
evaluation factors set forth in the request for proposals.
(b) No other factors or criteria shall be used in the evaluation.
(c) The contract file shall contain the basis on which the award is made.
Section 40. Section 63-56-409 , which is renumbered from Section 63-56-22 is
renumbered and amended to read:
[
Small purchases shall be defined in, and may be made in accordance with procedures
established by rules and regulations; except that procurement requirement shall not be artificially
divided so as to constitute a small purchase under this section.
Section 41. Section 63-56-410 , which is renumbered from Section 63-56-23 is
renumbered and amended to read:
[
competition.
A contract may be awarded for a supply, service, or construction item without
competition when, under rules and regulations, the chief procurement officer, the head of a
purchasing agency, or a designee of either officer above the level of procurement officer
determines in writing that:
(1) there is only one source for the required supply, service, or construction item; or
(2) the award to a specific supplier, service provider, or contractor is a condition of a
donation that will fund the full cost of the supply, service, or construction item.
Section 42. Section 63-56-411 , which is renumbered from Section 63-56-24 is
renumbered and amended to read:
[
Notwithstanding any other provision of this chapter, when there exists a threat to public
health, welfare, or safety under emergency conditions as defined in rules and regulations, the
chief procurement officer, the head of a purchasing agency, or a designee of either officer may
make or authorize others to make emergency procurements; provided that emergency
procurements shall be made with as much competition as practicable under the circumstances. A
written determination of the basis for the emergency and for the selection of the particular
contractor shall be included in the contract file.
Section 43. Section 63-56-412 , which is renumbered from Section 63-56-25 is
renumbered and amended to read:
[
An invitation for bids, a request for proposals, or other solicitation may be cancelled, or
any or all bids or proposals may be rejected, in whole or in part, as may be specified in the
solicitation, when it is in the best interests of the state in accordance with rules and regulations.
The reasons shall be made part of the contract file.
Section 44. Section 63-56-413 , which is renumbered from Section 63-56-26 is
renumbered and amended to read:
[
A written determination of nonresponsibility of a bidder or offeror shall be made in
accordance with rules and regulations. The unreasonable failure of a bidder or offeror to
promptly supply information in connection with an inquiry with respect to responsibility may be
grounds for a determination of nonresponsibility with respect to the bidder or offeror.
Information furnished by a bidder or offeror pursuant to this section shall not be disclosed
outside of the purchasing division or the purchasing agency without prior written consent by the
bidder or offeror.
Section 45. Section 63-56-414 , which is renumbered from Section 63-56-27 is
renumbered and amended to read:
[
Prospective suppliers may be prequalified for particular types of supplies, services, and
construction. Solicitation mailing lists of potential contractors shall include but shall not be
limited to prequalified suppliers.
Section 46. Section 63-56-415 , which is renumbered from Section 63-56-28 is
renumbered and amended to read:
[
costs -- Required information -- Auditing of books.
(1) Rules and regulations may be promulgated to set forth cost principles to be used to
determine the allowability of incurred costs for the purpose of reimbursing costs under contract
provisions which provide for the reimbursement of costs; provided that if a written determination
is approved at a level above the procurement officer, the cost principles may be modified by
contract.
(2) A person shall, except as provided in Subsection (4), submit cost or pricing data and
shall certify that, to the best of the person's knowledge and belief, the cost or pricing data
submitted were accurate, complete, and current as of a mutually determined specified date prior
to the date of:
(a) the pricing of any contract awarded by competitive sealed proposals or pursuant to the
sole source procurement authority, where the total contract price is expected to exceed an amount
established by rules and regulations; or
(b) the pricing of any change order which is expected to exceed an amount established by
rules and regulations.
(3) Any contract or change order under which a certificate is required shall contain a
provision that the price to the state, including profit or fee, shall be adjusted to exclude any
significant sums by which the state finds that the price was increased because the
contractor-furnished cost or pricing data were inaccurate, incomplete, or not current as of the date
agreed upon between the parties.
(4) The requirements of Subsections (2) and (3) need not be applied to contracts:
(a) where the contract price is based on adequate price competition;
(b) where the contract price is based on established catalogue prices or market prices;
(c) where contract prices are set by law or regulation; or
(d) where it is determined in writing in accordance with rules and regulations that the
requirements of this section may be waived, and the reasons for such waiver are stated in writing.
(5) The state may, at reasonable times and places, audit the books and records of any
person who has submitted cost or pricing data pursuant to this section or any contractor or
subcontractor under any negotiated contract or subcontract other than a firm fixed-price contract
to the extent that the books and records relate to the cost or pricing data, contract, or subcontract.
The books and records shall be maintained by the contractor for three years following the end of
the fiscal year in which final payment is made under the prime contract and by the subcontractor
for three years following the end of the fiscal year in which final payment is made under the
subcontract, unless a shorter period is otherwise authorized in writing.
Section 47. Section 63-56-416 , which is renumbered from Section 63-56-29 is
renumbered and amended to read:
[
(1) Subject to the limitations of this section, any type of contract which will promote the
best interests of the state may be used; provided that the use of a cost-plus-a-percentage-of-cost
contract is prohibited. A cost-reimbursement contract may be used only when a determination is
made in writing that such contract is likely to be less costly to the state than any other type or that
it is impracticable to obtain the supplies, services, or construction required except under such a
contract.
(2) Except with respect to firm fixed-price contracts, no contract type shall be used
unless it has been determined in writing by the chief procurement officer, the head of a
purchasing agency, or a designee of either officer that:
(a) the proposed contractor's accounting system will permit timely development of all
necessary cost data in the form required by the specific contract type contemplated; and
(b) the proposed contractor's accounting system is adequate to allocate costs in
accordance with generally accepted accounting principles.
Section 48. Section 63-56-417 , which is renumbered from Section 63-56-30 is
renumbered and amended to read:
[
(1) Unless otherwise provided by law, a contract for supplies or services may be entered
into for any period of time [
that the term of the contract and conditions of renewal or extension, if any, are included in the
solicitation and funds are available for the first fiscal period at the time of contracting. Payment
and performance obligations for succeeding fiscal periods shall be subject to the availability and
appropriation of funds.
(2) Prior to the utilization of a multiyear contract, it shall be determined in writing that
estimated requirements cover the period of the contract and are reasonably firm and continuing
and that such a contract will serve the best interests of the state by encouraging effective
competition or otherwise promoting economies in state procurement.
(3) When funds are not appropriated or otherwise made available to support continuation
of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor
shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized
in the price of the supplies or services delivered under the contract. The cost of cancellation may
be paid from any appropriations available for that purpose.
Section 49. Section 63-56-418 , which is renumbered from Section 63-56-31 is
renumbered and amended to read:
[
subcontractor.
The state may, at reasonable times, inspect the part of the plant or place of business of a
contractor or any subcontractor which is related to the performance of any contract awarded or to
be awarded by the state.
Section 50. Section 63-56-419 , which is renumbered from Section 63-56-32 is
renumbered and amended to read:
[
capricious.
The determinations required by Subsections [
63-56-408 (1) and (6), Sections [
63-56-413 , Subsection [
[
clearly erroneous.
Section 51. Section 63-56-420 , which is renumbered from Section 63-56-33 is
renumbered and amended to read:
[
suspected.
When for any reason collusion or other anticompetitive practices are suspected among
bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general.
Section 52. Section 63-56-421 , which is renumbered from Section 63-56-34 is
renumbered and amended to read:
[
The chief procurement officer or the head of a purchasing agency shall maintain a record
listing all contracts made under Section [
maintain the record in accordance with Title 63, Chapter 2, Government Records Access and
Management Act. The record shall contain each contractor's name, the amount and type of each
contract, and a listing of the supplies, services, or construction procured under each contract.
Section 53. Section 63-56-422 , which is renumbered from Section 63-56-35.5 is
renumbered and amended to read:
[
requirements -- Violation penalty.
The policy board may, by rule, exempt a public procurement unit from the source
selection and contract award provisions of this part, if it [
economic interest of the state.
On projects where public funds or political subdivisions are involved, the owner shall
follow the procedures outlined in the Utah Procurement Code when determining or selecting
their agent or construction manager. However, no exemption shall be permitted that allows any
political subdivision of this state to negotiate, enter into, or cause to be negotiated prior to open
bidding for the prime contracting agent any predetermined agreement or arrangement which
causes interference with the traditional fair competitive bidding process or the rights of
employees under state and federal law. Any agreement or arrangement entered into in violation
of this section is unenforceable and void ab initio and the parties to such an agreement or
arrangement are subject to a class B misdemeanor penalty.
This provision shall not apply to any political subdivision, agency, or department of this
state, if, as a condition of a federal grant, there is a requirement that a schedule of predetermined
wages be included in the contract.
Section 54. Section 63-56-423 , which is renumbered from Section 63-56-35.6 is
renumbered and amended to read:
[
(1) All public procurement units shall purchase goods and services produced by the Utah
Correctional Industries Division as provided by this section, which is an exemption from this
chapter. All political subdivisions of the state may purchase these goods and services and are
encouraged to do so when feasible.
(2) By July 1 of each year, the director of the Utah Correctional Industries shall publish
and distribute to all state agencies and interested political subdivisions a catalog of goods and
services provided by the Correctional Industries Division. The catalog shall include a description
and price of each item offered for sale. The catalog shall be updated and revised during the year
as the director [
(3) (a) State departments, agencies, and institutions may not purchase any goods or
services provided by the Correctional Industries Division from any other source unless it has
been determined in writing by the director of Correctional Industries and the state procurement
officer or in the case of institutions of higher education, the institutional procurement officer, that
purchase from the Correctional Industries Division is not feasible due to one of the following
circumstances:
[
requirements of the purchasing agency;
[
or
[
other expenses of acquisition, is not competitive with the cost of procuring the item from another
source.
(b) In cases of disagreement, the decision may be appealed to a board consisting of the
director of the Department of Corrections, the director of Administrative Services, and a neutral
third party agreed upon by the other two members or, in the case of institutions of higher
education, the president of the involved institution shall make the final decision.
Section 55. Section 63-56-424 , which is renumbered from Section 63-56-35.7 is
renumbered and amended to read:
[
in state agreements, contracts, and surplus property program.
Utah counties, municipalities, and local public procurement units may purchase from or
otherwise participate in state public procurement unit agreements and contracts.
Section 56. Section 63-56-425 , which is renumbered from Section 63-56-35.8 is
renumbered and amended to read:
[
(1) As used in this section, "sheltered workshop" means a nonprofit organization
operated in the interest of severely disabled individuals that:
(a) is certified as a sheltered workshop or sheltered work activity center by the United
States Department of Labor; or
(b) is a supported employment program approved by the Utah State Office of
Rehabilitation if:
(i) the program has as its principal purpose the development of employment
opportunities for individuals with severe disabilities; and
(ii) at least 75% of the program employees under the procurement contract in question
have severe disabilities.
(2) Notwithstanding any provision in this chapter to the contrary, each public
procurement unit shall purchase goods and services produced by a sheltered workshop if:
(a) the good or service offered for sale by a sheltered workshop reasonably conforms to
the needs and specifications of the public procurement unit;
(b) the sheltered workshop can supply the good or service within a reasonable time;
(c) the price of the good or service is reasonably competitive with the cost of procuring
the good or service from another source;
(d) the sheltered workshop has provided the public procurement unit with a written bid
fairly identifying the good or service and naming its price; and
(e) (i) the sheltered workshop has its principal place of business in Utah;
(ii) the good was produced by the sheltered workshop in Utah; or
(iii) the service is provided by individuals, the majority of whom are domiciled in Utah.
(3) The cost of a good or service is considered reasonably competitive under Subsection
(2)(c) if it is within 5% of the lowest responsive and responsible bid offer for that good or
service.
(4) Each sheltered workshop shall certify on any bid it submits to a public procurement
unit under this section that it is claiming a preference under this section.
(5) In the case of conflict between a purchase under this section and a purchase under
Section [
Section 57. Section 63-56-501 , which is renumbered from Section 63-56-36 is
renumbered and amended to read:
[
management.
(1) (a) Rules shall provide as many alternative methods of construction contracting
management as determined to be feasible.
(b) These rules shall:
(i) grant to the chief procurement officer or the head of the purchasing agency
responsible for carrying out the construction project the discretion to select the appropriate
method of construction contracting management for a particular project; and
(ii) require the procurement officer to execute and include in the contract file a written
statement setting forth the facts which led to the selection of a particular method of construction
contracting management for each project.
(c) Before choosing a construction contracting management method, the chief
procurement officer or the head of the purchasing agency responsible for carrying out the
construction project shall consider the following factors:
(i) when the project must be ready to be occupied;
(ii) the type of project;
(iii) the extent to which the requirements of the procuring agencies and the ways in
which they are to be met are known;
(iv) the location of the project;
(v) the size, scope, complexity, and economics of the project;
(vi) the source of funding and any resulting constraints necessitated by the funding
source;
(vii) the availability, qualification, and experience of state personnel to be assigned to the
project and how much time the state personnel can devote to the project; and
(viii) the availability, qualifications, and experience of outside consultants and
contractors to complete the project under the various methods being considered.
(2) (a) Rules adopted by state public procurement units and local public procurement
units to implement this section may authorize the use of a Construction Manager/General
Contractor as one method of construction contracting management.
(b) Those rules shall require that:
(i) the Construction Manager/General Contractor shall be selected using one of the
source selection methods provided for in [
Selections and Contract Formation, and Section [
(ii) when entering into any subcontract that was not specifically included in the
Construction Manager/General Contractor's cost proposal submitted under the requirements of
Subsection (2)(b)(i), the Construction Manager/General Contractor shall procure that
subcontractor by using one of the source selection methods provided for in [
the subcontract work was procured directly by the state.
(3) Procurement rules adopted by the State Building Board under Subsection (1) for state
building construction projects may authorize the use of a design-build provider as one method of
construction contracting management.
Section 58. Section 63-56-502 , which is renumbered from Section 63-56-36.1 is
renumbered and amended to read:
[
project contracts.
(1) As used in this section:
(a) "Design-build transportation project contract" means the procurement of both the
design and construction of a transportation project in a single contract with a company or
combination of companies capable of providing the necessary engineering services and
construction.
(b) "Transportation agency" means:
(i) the Department of Transportation;
(ii) a county of the first or second class, as defined in Section 17-50-501 ;
(iii) a municipality of the first class, as defined in Section 10-2-301 ;
(iv) a public transit district that has more than 200,000 people residing within its
boundaries; and
(v) a public airport authority[
(2) Except as provided in Subsection (3), a transportation agency may award a
design-build transportation project contract for any transportation project that has an estimated
cost of at least $50,000,000 by following the requirements of this section.
(3) (a) The Department of Transportation:
(i) may award a design-build transportation project contract for any transportation project
by following the requirements of this section; and
(ii) shall make rules, by following the procedures and requirements of Title 63, Chapter
46a, Utah Administrative Rulemaking Act, establishing requirements for the procurement of its
design-build transportation project contracts in addition to those required by this section.
(b) A public transit district that has more than 200,000 people residing within its
boundaries:
(i) may award a design-build transportation project contract for any transportation project
by following the requirements of this section; and
(ii) shall pass ordinances or a resolution establishing requirements for the procurement of
its design-build transportation project contracts in addition to those required by this section.
(c) A design-build transportation project contract authorized under this Subsection (3) is
not subject to the estimated cost threshold under Subsection (2).
(4) (a) Before entering a design-build transportation project contract, a transportation
agency 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) A transportation agency 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 transportation projects with attributes similar to the
project being procured.
(d) The request for qualifications shall identify the number of eligible competing
proposers that the transportation agency will select to submit a proposal, which must be at least
two.
(5) (a) The transportation agency 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 transportation agency's
request for proposals.
(b) If the transportation agency fails to receive at least two qualified eligible competing
proposers, the transportation agency shall readvertise the project.
(6) The transportation agency shall issue a request for proposals to those qualified
respondents that:
(a) includes a scope of work statement constituting an information for 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:
(i) a sealed cost proposal;
(ii) a critical path matrix schedule, including cash flow requirements;
(iii) 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 proposals.
(7) The transportation agency shall:
(a) evaluate the submissions received in response to the request for proposals from the
prequalified proposers;
(b) comply with rules relating to discussion of proposals, best and final offers, and
evaluations of the proposals submitted; and
(c) after considering price and other identified factors, award the contract to the
responsible proposer whose proposal is most advantageous to the state.
Section 59. Section 63-56-503 , which is renumbered from Section 63-56-37 is
renumbered and amended to read:
[
prohibited -- Penalty.
(1) Bid security in amount equal to at least 5% of the amount of the bid shall be required
for all competitive sealed bidding for construction contracts. Bid security shall be a bond
provided by a surety company authorized to do business in this state, the equivalent in cash, or
any other form satisfactory to the state.
(2) When a bidder fails to comply with the requirement for bid security set forth in the
invitation for bids, the bid shall be rejected unless, pursuant to rules, it is determined that the
failure to comply with the security requirements is nonsubstantial.
(3) After the bids are opened, they shall be irrevocable for the period specified in the
invitation for bids, except as provided in Subsection [
permitted to withdraw a bid before award, no action shall be taken against the bidder or the bid
security.
(4) (a) When issuing an invitation for a bid under this chapter, the chief procurement
officer or the head of the purchasing agency responsible for carrying out a construction project
may not require a person or entity who is bidding for a contract to obtain a bond of the type
referred to in Subsection (1) from a specific insurance or surety company, producer, agent, or
broker.
(b) A person who violates Subsection (4)(a) is guilty of an infraction.
Section 60. Section 63-56-504 , which is renumbered from Section 63-56-38 is
renumbered and amended to read:
[
Action -- Attorneys' fees.
(1) When a construction contract is awarded under this chapter, the contractor to whom
the contract is awarded shall deliver the following bonds or security to the state, which shall
become binding on the parties upon the execution of the contract:
(a) a performance bond satisfactory to the state that is in an amount equal to 100% of the
price specified in the contract and is executed by a surety company authorized to do business in
this state or any other form satisfactory to the state; and
(b) a payment bond satisfactory to the state that is in an amount equal to 100% of the
price specified in the contract and is executed by a surety company authorized to do business in
this state or any other form satisfactory to the state, which is for the protection of each person
supplying labor, service, equipment, or material for the performance of the work provided for in
the contract.
(2) (a) When a construction contract is awarded under this chapter, the chief procurement
officer or the head of the purchasing agency responsible for carrying out a construction project
may not require a contractor to whom a contract is awarded to obtain a bond of the types referred
to in [
producer, agent, or broker.
(b) A person who violates Subsection (2)(a) is guilty of an infraction.
(3) Rules may provide for waiver of the requirement of a bid, performance, or payment
bond for circumstances in which the state considers any or all of the bonds to be unnecessary to
protect the state.
(4) A person shall have a right of action on a payment bond under this section for any
unpaid amount due him if:
(a) he has furnished labor, service, equipment, or material for the work provided for in
the contract for which the payment bond is furnished under this section; and
(b) he has not been paid in full within 90 days after the last date on which he performed
the labor or service or supplied the equipment or material for which the claim is made.
(5) An action upon a payment bond shall be brought in a court of competent jurisdiction
in any county where the construction contract was to be performed and not elsewhere. The
action is barred if not commenced within one year after the last day on which the claimant
performed the labor or service or supplied the equipment or material on which the claim is based.
The obligee named in the bond need not be joined as a party to the action.
(6) In any suit upon a payment bond, the court shall award reasonable attorneys' fees to
the prevailing party, which fees shall be taxed as costs in the action.
Section 61. Section 63-56-505 (Effective 05/01/05) , which is renumbered from Section
63-56-38.1 (Effective 05/01/05) is renumbered and amended to read:
[
notice requirement.
(1) Any person furnishing labor, service, equipment, or material for which a payment
bond claim may be made under this chapter shall provide preliminary notice to the designated
agent as prescribed by Section 38-1-32 , except that this section does not apply:
(a) to a person performing labor for wages; or
(b) if a notice of commencement is not filed as prescribed in Section 38-1-31 for the
project or improvement for which labor, service, equipment, or material is furnished.
(2) Any person who fails to provide the preliminary notice required by Subsection (1)
may not make a payment bond claim under this chapter.
(3) The preliminary notice required by Subsection (1) must be provided prior to
commencement of any action on the payment bond.
Section 62. Section 63-56-506 , which is renumbered from Section 63-56-39 is
renumbered and amended to read:
[
The form of the bonds required by this part shall be established by rules and regulations.
Any person may obtain from the state a certified copy of a bond upon payment of the cost of
reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie
evidence of the contents, execution, and delivery of the original.
Section 63. Section 63-56-601 , which is renumbered from Section 63-56-40 is
renumbered and amended to read:
[
adjustments -- Use of rules and regulations.
(1) Rules and regulations shall require for state construction contracts and may permit or
require for state contracts for supplies and services the inclusion of clauses providing for
adjustments in prices, time of performance, or other appropriate contract provisions, and
covering the following subjects:
(a) the unilateral right of the state to order in writing changes in the work within the
scope of the contract and changes in the time of performance of the contract that do not alter the
scope of the contract work;
(b) variations occurring between estimated quantities of work in a contract and actual
quantities;
(c) suspension of work ordered by the state; and
(d) site conditions differing from those indicated in the construction contract, or
ordinarily encountered, except that differing site conditions clauses required by the rules and
regulations need not be included in a construction contract when the contract is negotiated, when
the contractor provides the site or design, or when the parties have otherwise agreed with respect
to the risk of differing site conditions.
(2) Adjustments in price pursuant to clauses promulgated under Subsection (1) shall be
computed in one or more of the following ways:
(a) by agreement on a fixed price adjustment before commencement of the pertinent
performance or as soon thereafter as practicable;
(b) by unit prices specified in the contract or subsequently agreed upon;
(c) by the costs attributable to the events or situations under the clauses with adjustment
of profit or fee, all as specified in the contract or subsequently agreed upon;
(d) in any other manner as the contracting parties may mutually agree; or
(e) in the absence of agreement by the parties, by a unilateral determination by the state
of the costs attributable to the events or situations under the clauses with adjustment of profit or
fee, all as computed by the state in accordance with applicable sections of the rules and
regulations issued under Subsection [
Part [
(3) A contractor shall be required to submit cost or pricing data if any adjustment in
contract price is subject to the provisions of Section [
(4) Rules and regulations shall require for state construction contracts and may permit or
require for state contracts for supplies and services the inclusion of clauses providing for
appropriate remedies and covering at least the following subjects:
(a) liquidated damages as appropriate;
(b) specified excuses for delay or nonperformance;
(c) termination of the contract for default; and
(d) termination of the contract in whole or in part for the convenience of the state.
(5) The contract clauses promulgated under this section shall be set forth in rules and
regulations. However, the chief procurement officer or the head of a purchasing agency may
modify the clauses for inclusion in any particular contract. Any variations shall be supported by a
written determination that describes the circumstances justifying the variations, and notice of any
material variation shall be included in the invitation for bids or request for proposals.
Section 64. Section 63-56-602 , which is renumbered from Section 63-56-41 is
renumbered and amended to read:
[
Under a construction contract, any change order which increases the contract amount
shall be subject to prior written certification that the change order is within the determined
project or contract budget. The certification shall be made by the fiscal officer of the entity
responsible for funding the project or the contract or other official responsible for monitoring and
reporting upon the status of the costs of the total project or contract budget. If the certification
discloses a resulting increase in the total project or contract budget, the procurement officer shall
not execute or make the change order unless sufficient funds are available or the scope of the
project or contract is adjusted to permit the degree of completion feasible within the total project
or contract budget as it existed prior to the change order under consideration. However, with
respect to the validity, as to the contractor, of any executed change order upon which the
contractor has reasonably relied, it shall be presumed that there has been compliance with the
provisions of this section.
Section 65. Section 63-56-701 , which is renumbered from Section 63-56-42 is
renumbered and amended to read:
[
It is the policy of this state to publicly announce all requirements for architect-engineer
services and to negotiate contracts for architect-engineer services on the basis of demonstrated
competence and qualification for the type of services required, and at fair and reasonable prices.
Architect-engineer services shall be procured as provided in this part except as authorized by
Sections [
authority of, and does not apply to procedures undertaken by, a public procurement unit to obtain
the services of architects or engineers in the capacity of employees of such unit.
Section 66. Section 63-56-702 , which is renumbered from Section 63-56-43 is
renumbered and amended to read:
[
In the procurement of architect-engineer services, the chief procurement officer or the
head of a purchasing agency shall encourage firms engaged in the lawful practice of their
profession to submit annually a statement of qualifications and performance data. The Building
Board shall be the selection committee for architect-engineer services contracts under its
authority. Selection committees for architect-engineer services contracts not under the authority
of the Building Board shall be established in accordance with rules and regulations promulgated
by the policy board. Selection committees shall evaluate current statements of qualifications and
performance data on file with the state, together with those that may be submitted by other firms
in response to the announcement of the proposed contract. Selection committees shall consider
no less than three firms and then shall select therefrom, based upon criteria established and
published by the selection committees, no less than three of the firms [
the most highly qualified to provide the services required.
Section 67. Section 63-56-703 , which is renumbered from Section 63-56-43.1 is
renumbered and amended to read:
[
Notwithstanding any other provision of this chapter, architect-engineer services may be
procured under Title 63A, Chapter 5, State Building Board[
Construction and Management, as part of the services obtained in a design-build contract or as
part of the services obtained in a lease contract for real property, provided that the qualifications
of those providing the architect-engineer services are part of the consideration in the selection
process.
Section 68. Section 63-56-704 , which is renumbered from Section 63-56-44 is
renumbered and amended to read:
[
services.
The procurement officer shall award a contract to a qualified firm at compensation which
the procurement officer determines in writing to be fair and reasonable to the state. In making
this decision, the procurement officer shall take into account the estimated value, the scope, and
complexity, and the professional nature of the services to be rendered. Should the procurement
officer be unable to agree to a satisfactory contract with the firm first selected, at a price the
procurement officer determines to be fair and reasonable to the state, discussions with that firm
shall be formally terminated. The procurement officer shall then undertake discussions with a
second qualified firm. Failing accord with the second firm, the procurement officer shall formally
terminate discussions. The procurement officer shall then undertake discussions with a third
qualified firm. Should the procurement officer be unable to award a contract at a fair and
reasonable price with any of the selected firms, the procurement officer shall select additional
firms, and the procurement officer shall continue discussions in accordance with this part until an
agreement is reached.
Section 69. Section 63-56-705 , which is renumbered from Section 63-56-44.5 is
renumbered and amended to read:
[
architect-engineer services.
(1) Except as provided in Subsection (2), when a public procurement unit, in accordance
with Section [
competitive procurement process and has provided public notice of its competitive procurement
process:
(a) a higher education entity, or any part of one, may not submit a proposal in response to
the public procurement unit's competitive procurement process; and
(b) the public procurement unit may not award a contract to perform the architect or
engineering services solicited in the competitive procurement process to a higher education entity
or any part of one.
(2) A public procurement unit need not comply with the requirements of Subsection (1)
when the public procurement unit is procuring architect or engineer services for contracts related
to research activities and technology transfer.
Section 70. Section 63-56-801 , which is renumbered from Section 63-56-45 is
renumbered and amended to read:
[
resolve protest.
(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in
connection with the solicitation or award of a contract may protest to the chief procurement
officer or the head of a purchasing agency. A protest with respect to an invitation for bids or a
request for proposals shall be submitted in writing prior to the opening of bids or the closing date
for proposals, unless the aggrieved person did not know and should not have known of the facts
giving rise to the protest prior to bid opening or the closing date for proposals. The protest shall
be submitted in writing within five working days after the aggrieved person knows or should
have known of the facts giving rise thereto.
(2) The chief procurement officer, the head of a purchasing agency, or a designee of
either officer shall have the authority, prior to the commencement of an action in court
concerning the controversy, to settle and resolve the protest.
Section 71. Section 63-56-802 , which is renumbered from Section 63-56-46 is
renumbered and amended to read:
[
In the event of a timely protest under Subsection [
63-56-810 (1), or [
or with the award of the contract until all administrative and judicial remedies have been
exhausted or until the chief procurement officer, after consultation with the head of the using
agency or the head of a purchasing agency, makes a written determination that the award of the
contract without delay is necessary to protect substantial interests of the state.
Section 72. Section 63-56-803 , which is renumbered from Section 63-56-47 is
renumbered and amended to read:
[
(1) When a protest is sustained administratively or upon administrative or judicial review
and the protesting bidder or offeror should have been awarded the contract under the solicitation
but is not, the protestor shall be entitled to the following relief as a claim against the state:
(a) the reasonable costs incurred in connection with the solicitation, including bid
preparation and appeal costs; and
(b) any equitable relief determined to be appropriate by the reviewing administrative or
judicial body.
(2) When a protest is not sustained by the Procurement Appeals Board, the protestor
shall reimburse the Division of Purchasing and General Services for the per diem and expenses
paid by the division to witnesses or appeals board members and any additional expenses incurred
by the state agency staff who have provided materials and administrative services to the board for
that case.
Section 73. Section 63-56-804 , which is renumbered from Section 63-56-48 is
renumbered and amended to read:
[
Causes for debarment.
(1) After reasonable notice to the person involved and reasonable opportunity for that
person to be heard, the chief procurement officer or the head of a purchasing agency, after
consultation with the using agency and the attorney general, shall have authority to debar a
person for cause from consideration for award of contracts. The debarment shall not be for a
period exceeding three years. The same officer, after consultation with the using agency and the
attorney general, shall have authority to suspend a person from consideration for award of
contracts if there is probable cause to believe that the person has engaged in any activity which
might lead to debarment. The suspension shall not be for a period exceeding three months unless
an indictment has been issued for an offense which would be a cause for debarment under
Subsection (2) [
general, remain in effect until after the trial of the suspended person.
(2) The causes for debarment include the following:
(a) conviction of a criminal offense as an incident to obtaining or attempting to obtain a
public or private contract or subcontract or in the performance of such contract or subcontract;
(b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense indicating a
lack of business integrity or business honesty which currently, seriously, and directly affects
responsibility as a state contractor;
(c) conviction under state or federal antitrust statutes;
(d) failure without good cause to perform in accordance with the terms of the contract; or
(e) any other cause the chief procurement officer, or the head of a purchasing agency
determines to be so serious and compelling as to affect responsibility as a state contractor,
including debarment by another governmental entity for any cause listed in rules and regulations.
Section 74. Section 63-56-805 , which is renumbered from Section 63-56-49 is
renumbered and amended to read:
[
contractor.
The chief procurement officer, the head of a purchasing agency, or a designee of either
officer is authorized, prior to commencement of an action in court concerning the controversy, to
settle and resolve a controversy which arises between the state and a contractor under or by virtue
of a contract between them. This includes, without limitation, controversies based upon breach of
contract, mistakes, misrepresentation, or other cause for contract modification or rescission.
Section 75. Section 63-56-806 , which is renumbered from Section 63-56-50 is
renumbered and amended to read:
[
Effect of no writing.
(1) The chief procurement officer, the head of a purchasing agency, or the designee of
either officer shall promptly issue a written decision regarding any protest, debarment or
suspension, or contract controversy if it is not settled by a mutual agreement. The decision shall
state the reasons for the action taken and inform the protestor, contractor, or prospective
contractor of the right to judicial or administrative review as provided in this chapter.
(2) A decision shall be effective until stayed or reversed on appeal, except to the extent
provided in Section [
mailed or otherwise furnished immediately to the protestor, prospective contractor, or contractor.
The decision shall be final and conclusive unless the protestor, prospective contractor, or
contractor appeals administratively to the procurement appeals board in accordance with
Subsection [
commences an action in court in accordance with Section [
(3) If the chief procurement officer, the head of a purchasing agency, or the designee of
either officer does not issue the written decision regarding a contract controversy within 60
calendar days after written request for a final decision, or within such longer period as may be
agreed upon by the parties, then the contractor may proceed as if an adverse decision had been
received.
Section 76. Section 63-56-807 , which is renumbered from Section 63-56-51 is
renumbered and amended to read:
[
(1) (a) A Procurement Appeals Board is created in the executive branch. The
Procurement Appeals Board shall be composed of a chair and one other member, to be appointed
by the governor, and a third member to be designated by the two appointed members on a
case-by-case basis.
(b) None of the members of the Procurement Appeals Board shall otherwise be full-time
employees of the state.
(c) The appointed members of the Procurement Appeals Board shall have been members
in good standing of the state bar for at least five years and shall be experienced in contract or
commercial matters.
(d) The designated member shall possess the technical expertise and experience needed
for the proper disposition of the factual issues presented by the case.
(2) (a) Except as required by Subsection (2)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) The designated member shall serve for the case on which designated until the final
disposition of the case.
(d) Appointed members may be reappointed for succeeding terms and may continue to
serve after the expiration of their terms until a successor takes office.
(e) Qualified persons may be redesignated as members.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
Section 77. Section 63-56-808 , which is renumbered from Section 63-56-52 is
renumbered and amended to read:
[
The Procurement Appeals Board shall adopt rules of procedure which, to the fullest
extent possible, will provide for the expeditious resolution of controversies, including procedures
to encourage agreements between the parties to a controversy prior to a hearing. The board may
adopt small claims procedures for the resolution of controversies involving claims of less than
$15,000.
Section 78. Section 63-56-809 , which is renumbered from Section 63-56-53 is
renumbered and amended to read:
[
The Procurement Appeals Board shall issue a decision in writing or take other appropriate
action of each appeal submitted. A copy of any decision shall be provided to all parties and the
chief procurement officer or the head of a purchasing agency.
Section 79. Section 63-56-810 , which is renumbered from Section 63-56-54 is
renumbered and amended to read:
[
Unless an action has been initiated previously in district courts for essentially the same
cause of action, the board shall have jurisdiction to review and determine de novo:
(1) any protest of a solicitation or award of a contract addressed to the board by an
aggrieved actual or prospective bidder or offeror, or a contractor; and
(2) any appeal by an aggrieved party from a decision rendered or [
have been rendered pursuant to Section [
Section 80. Section 63-56-811 , which is renumbered from Section 63-56-55 is
renumbered and amended to read:
[
(1) For a protest under Subsection [
file a protest with the board within five working days after the aggrieved person knows or should
have known of the facts and circumstances upon which the protest is based; provided, however,
that a protest with respect to an invitation for bids or request for proposals shall be filed prior to
the opening of bids or the closing date for proposals unless the aggrieved person did not know
and should not have known of the facts giving rise to the protest prior to bid opening or the
closing date for proposals.
(2) For an appeal from a decision regarding a protested solicitation or award, the
aggrieved person shall file an appeal within seven calendar days of receipt of a decision rendered
or [
(3) For an appeal from a decision regarding a debarment, suspension, or contract
controversy, the aggrieved person shall file an appeal within 60 calendar days of receipt of a
decision rendered or [
63-56-806 .
Section 81. Section 63-56-812 , which is renumbered from Section 63-56-56 is
renumbered and amended to read:
[
After notice of an appeal has been filed with the Procurement Appeals Board, no party
may discontinue the appeal without prejudice, except as authorized by the Procurement Appeals
Board.
Section 82. Section 63-56-813 , which is renumbered from Section 63-56-57 is
renumbered and amended to read:
[
conclusive.
(1) On any protest or appeal under Section [
Appeals Board shall promptly decide the contract controversy or whether the solicitation or
award was in accordance with this chapter. Any prior determinations by administrative officials
regarding protests of solicitations or awards, suspension or debarments, contract controversies, or
breach of contract controversies shall not be final or conclusive.
(2) A determination of an issue of fact by the Procurement Appeals Board under
Subsection (1) shall be final and conclusive unless arbitrary and capricious or clearly erroneous.
No determination on an issue of law shall be final or conclusive.
Section 83. Section 63-56-814 , which is renumbered from Section 63-56-58 is
renumbered and amended to read:
[
Any person receiving an adverse decision or the state may appeal a decision of the
Procurement Appeals Board to the Court of Appeals. However, no appeal may be made by the
state unless recommended by the chief procurement officer or the head of the purchasing agency
involved, and approved by the attorney general.
Section 84. Section 63-56-815 , which is renumbered from Section 63-56-59 is
renumbered and amended to read:
[
(1) The district court shall have jurisdiction over an action, whether the action is at law
or in equity, between the state and:
(a) a bidder, offeror, or contractor, prospective or actual, who is aggrieved in connection
with the solicitation or award of a contract;
(b) a person who is subject to a suspension or debarment proceeding; and
(c) a contractor, for any cause of action which arises under, or by virtue of a contract.
(2) The provisions of Title 63, Chapter 30d, Part 4, Notice of Claim Against a
Governmental Entity or a Government Employee, and Section 63-30d-601 do not apply to
actions brought under this chapter by an aggrieved party for equitable relief or reasonable costs
incurred in preparing or appealing an unsuccessful bid or offer.
Section 85. Section 63-56-816 , which is renumbered from Section 63-56-60 is
renumbered and amended to read:
[
In any judicial action under Section [
agents, or other persons appointed by the state shall be final and conclusive only as provided in
Sections [
63-56-813 (2).
Section 86. Section 63-56-817 , which is renumbered from Section 63-56-61 is
renumbered and amended to read:
[
(1) Any action under Subsection [
(a) within 20 calendar days after the aggrieved person knows or should have known of
the facts giving rise to the action; provided, however, that an action with respect to an invitation
for bids or request for proposals shall be initiated prior to the opening of bids or the closing date
for proposals unless the aggrieved person did not know and should not have known of the facts
giving rise to the action prior to bid opening or the closing date for proposals; or
(b) within 14 calendar days after receipt of a final administrative decision pursuant to
either Section [
(2) Any action under Subsection [
six months after receipt of a final administrative decision pursuant to Section [
63-56-806 or Section [
(3) The statutory limitations on an action between private persons on a contract or for
breach of contract shall apply to any action commenced pursuant to Subsection [
63-56-815 (1)(c), except notice of appeals from the Procurement Appeals Board pursuant to
Section [
filed within one year after the date of the Procurement Appeals Board decision.
Section 87. Section 63-56-818 , which is renumbered from Section 63-56-62 is
renumbered and amended to read:
[
If prior to award it is determined administratively or upon administrative or judicial
review that a solicitation or proposed award of a contract is in violation of law, the solicitation or
proposed award shall be cancelled or revised to comply with the law.
Section 88. Section 63-56-819 , which is renumbered from Section 63-56-63 is
renumbered and amended to read:
[
If after an award it is determined administratively or upon administrative or judicial
review that a solicitation or award of a contract is in violation of law:
(1) If the person awarded the contract has not acted fraudulently or in bad faith:
(a) The contract may be ratified and affirmed if it is determined that doing so is in the
best interests of the state; or
(b) The contract may be terminated and the person awarded the contract shall be
compensated for the actual expenses reasonably incurred under the contract prior to termination,
plus a reasonable profit;
(2) If the person awarded the contract has acted fraudulently or in bad faith:
(a) The contract may be declared null and void; or
(b) The contract may be ratified and affirmed if such action is in the best interests of the
state, without prejudice to the state's rights to any appropriate damages.
Section 89. Section 63-56-820 , which is renumbered from Section 63-56-64 is
renumbered and amended to read:
[
(1) Except as provided in Subsection (2), in controversies between the state and
contractors under this part, interest on amounts ultimately determined to be due to a contractor or
to the state are payable at the rate applicable to judgments from the date the claim arose through
the date of decision or judgment, whichever is later.
(2) This section does not apply to public assistance benefits programs.
Section 90. Section 63-56-901 , which is renumbered from Section 63-56-65 is
renumbered and amended to read:
[
Under the terms agreed upon among the parties, any public procurement unit may enter
into agreements with one or more other public procurement units to:
(1) sponsor, conduct, or administer a cooperative agreement for the procurement or
disposal of any supplies, services, or construction;
(2) cooperatively use supplies or services;
(3) commonly use or share warehousing facilities, capital equipment, and other facilities;
(4) provide personnel; provided that the requesting public procurement unit shall pay the
public procurement unit providing the personnel the direct and indirect cost of providing the
personnel, in accordance with the agreement; or
(5) make available informational, technical, and other services, provided that the
requirements of the public procurement unit tendering the services shall have precedence over
the requesting public procurement unit and that the requesting public procurement unit shall pay
for the expenses of the services so provided, in accordance with the agreement.
Section 91. Section 63-56-902 , which is renumbered from Section 63-56-66 is
renumbered and amended to read:
[
(1) Upon request, any public procurement unit may make available to other public
procurement units the following services, among others: standard forms; printed manuals;
qualified products lists; source information; common use commodities listings; supplier
prequalification information; supplier performance ratings; debarred and suspended bidders lists;
forms for invitation for bids, requests for proposals, instructions to bidders, general contract
provisions, and other contract forms; and contracts or published summaries thereof, including
price and time of delivery information.
(2) Any public procurement unit may provide the following technical services, among
others, to other public procurement units; development of specifications; development of quality
assurance test methods, including receiving, inspection, and acceptance procedures; use of testing
and inspection facilities; and use of personnel training programs.
(3) Public procurement units may enter into contractual arrangements and publish a
schedule of fees for the services provided under Subsections (1) and (2).
Section 92. Section 63-56-903 , which is renumbered from Section 63-56-67 is
renumbered and amended to read:
[
All payments from any public procurement unit received by a public procurement unit
supplying personnel or services shall be available to the supplying public procurement unit.
Section 93. Section 63-56-904 , which is renumbered from Section 63-56-68 is
renumbered and amended to read:
[
agreement considered compliance by others to agreement.
Where the public procurement unit administering a cooperative purchase complies with
the requirements of this chapter, any public procurement unit participating in such a purchase
shall be [
not enter into a cooperative purchasing agreement for the purpose of circumventing this chapter.
Section 94. Section 63-56-905 , which is renumbered from Section 63-56-69 is
renumbered and amended to read:
[
supplies, etc.
To the extent possible, the chief procurement officer may collect information concerning
the type, cost, quality, and quantity of commonly used supplies, services, or construction being
procured or used by state public procurement units and local public procurement units. The chief
procurement officer may make the information available to any public procurement unit upon
request.
Section 95. Section 63-56-906 , which is renumbered from Section 63-56-70 is
renumbered and amended to read:
[
purchasing agreement.
Under a cooperative purchasing agreement, controversies arising between an
administering state public procurement unit and its bidders, offerors, or contractors shall be
resolved in accordance with Part [
Section 96. Section 63-56-907 , which is renumbered from Section 63-56-71 is
renumbered and amended to read:
[
Any local public procurement unit is authorized to enter into an agreement with the State
Procurement Appeals Board to resolve controversies between the local public procurement unit
and its contractors, whether or not such controversy arose from a cooperative purchasing
agreement.
Section 97. Section 63-56-1001 , which is renumbered from Section 63-56-72 is
renumbered and amended to read:
[
Any person acting as a procurement officer for the state of Utah or any subdivision
thereof, or who in any official capacity participates in the procurement of any supplies, services,
construction, real property, or insurance for any such political units, is guilty of a felony if the
person asks, receives, or offers to receive any emolument, gratuity, contribution, loan, or reward,
or any promise thereof, either for the person's own use or the use or benefit of any other person or
organization from any person interested in the sale of such supplies, services, construction, real
property, or insurance.
Section 98. Section 63-56-1002 , which is renumbered from Section 63-56-73 is
renumbered and amended to read:
[
A person who is interested in any way in the sale of any supplies, services, construction,
real property, or insurance to the state of Utah or any political subdivision thereof, is guilty of a
felony if the person gives or offers to give any emolument, gratuity, contribution, loan or reward,
or any promise thereof to any person acting as a procurement officer, or who in any official
capacity participates in the procurement of such supplies, services, construction, real property, or
insurance, whether it is given for his own use or for the use or benefit of any other person or
organization.
Section 99. Section 63A-5-208 is amended to read:
63A-5-208. Definitions -- Certain public construction bids to list subcontractors --
Changing subcontractors -- Bidders as subcontractors -- Dispute resolution process --
Penalties.
(1) As used in this section:
(a) "First-tier subcontractor" means a subcontractor who contracts directly with the prime
contractor.
(b) "Subcontractor" means any person or entity under contract with a contractor or
another subcontractor to provide services or labor for the construction, installation, or repair of
an improvement to real property.
(c) "Subcontractor" includes a trade contractor or specialty contractor.
(d) "Subcontractor" does not include suppliers who provide only materials, equipment, or
supplies to a contractor or subcontractor.
(2) The director shall apply the provisions of this section to achieve fair and competitive
bidding and to discourage bid-shopping by contractors.
(3) (a) (i) (A) On each public construction project, the director shall require the apparent
lowest three bidders to submit a list of their first-tier subcontractors indicating each
subcontractor's name, bid amount, and other information required by rule.
(B) Other bidders who are not one of the apparent lowest three bidders may also submit a
list of their first-tier subcontractors containing the information required by this Subsection (3).
(C) The director may not consider any bid submitted by a bidder if the bidder fails to
submit a subcontractor list meeting the requirements of this section.
(ii) On projects where the contractor's total bid is less than $500,000, subcontractors
whose bid is less than $20,000 need not be listed.
(iii) On projects where the contractor's total bid is $500,000 or more, subcontractors
whose bid is less than $35,000 need not be listed.
(b) (i) The bidders shall submit this list within 24 hours after the bid opening time, not
including Saturdays, Sundays, and state holidays.
(ii) This list does not limit the director's right to authorize a change in the listing of any
subcontractor.
(c) The bidders shall verify that all subcontractors listed as part of their bids are licensed
as required by state law.
(d) Twenty-four hours after the bid opening, the contractor may change his
subcontractors only after:
(i) receiving permission from the director; and
(ii) establishing that:
(A) the change is in the best interest of the state; and
(B) the contractor establishes reasons for the change that meet the standards established
by the State Building Board.
(e) If the director approves any changes in subcontractors that result in a net lower
contract price for subcontracted work, the total of the prime contract may be reduced to reflect
the changes.
(4) (a) A bidder may list himself as a subcontractor when the bidder is currently licensed
to perform the portion of the work for which the bidder lists himself as a subcontractor and:
(i) the bidder intends to perform the work of a subcontractor himself; or
(ii) the bidder intends to obtain a subcontractor to perform the work at a later date
because the bidder was unable to:
(A) obtain a bid from a qualified subcontractor; or
(B) obtain a bid from a qualified subcontractor at a cost that the bidder considers to be
reasonable.
(b) (i) When the bidder intends to perform the work of a subcontractor himself, the
director may, by written request, require that the bidder provide the director with information
indicating the bidder's:
(A) previous experience in the type of work to be performed; and
(B) qualifications for performing the work.
(ii) The bidder must respond in writing within five business days of receiving the
director's written request.
(iii) If the bidder's submitted information causes the director to reasonably believe that
self-performance of the portion of the work by the bidder is likely to yield a substandard finished
product, the director shall:
(A) require the bidder to use a subcontractor for the portion of the work in question and
obtain the subcontractor bid under the supervision of the director; or
(B) reject the bidder's bid.
(c) (i) When the bidder intends to obtain a subcontractor to perform the work at a later
date, the bidder shall provide documentation with the subcontractor list describing:
(A) the bidder's efforts to obtain a bid of a qualified subcontractor at a reasonable cost;
and
(B) why the bidder was unable to obtain a qualified subcontractor bid.
(ii) If the bidder who intends to obtain a subcontractor to perform the work at a later date
is awarded a contract, the director shall supervise the bidder's efforts to obtain a qualified
subcontractor bid.
(iii) The director may not adjust the amount of the contract awarded in order to reflect
the actual amount of the subcontractor's bid.
(5) The division may not disclose any subcontractor bid amounts obtained under this
section until the division has awarded the project to a contractor.
(6) (a) The director shall, in consultation with the State Building Board, prepare draft
rules establishing a process for resolving disputes involved with contracts under the division's
procurement authority.
(b) The draft rules shall be presented to the Government Operations Interim Committee
for review, comment, and recommendations before August 31, 2004.
(c) The director shall consider, and the rules may include:
(i) requirements regarding preliminary resolution efforts between the parties directly
involved with the dispute;
(ii) requirements for the filing of claims, including notification, timeframes, and
documentation;
(iii) identification of the types of costs eligible for allocation and a method for allocating
costs among the parties to the dispute;
(iv) required time periods, not to exceed 60 days, for the resolution of the claim;
(v) provision for an independent hearing officer, panel, or arbitrator to extend the time
period for resolution of the claim by not to exceed 60 additional days for good cause;
(vi) provision for the extension of required time periods if the claimant agrees;
(vii) requirements that decisions be issued in writing;
(viii) provisions for administrative appeals of the decision;
(ix) provisions for the timely payment of claims after resolution of the dispute, including
any appeals;
(x) a requirement that the final determination resulting from the dispute resolution
process provided for in the rules is a final agency action subject to judicial review as provided in
Sections 63-46b-14 and 63-46b-15 ;
(xi) a requirement that a claim or dispute that does not include a monetary claim against
the division or its agents is not limited to the dispute resolution process provided for in this
Subsection (6);
(xii) requirements for claims and disputes to be eligible for this dispute resolution
process;
(xiii) the use of an independent hearing officer, panel, arbitration, or mediation; and
(xiv) the circumstances under which a subcontractor may file a claim directly with the
division.
(d) Persons pursuing claims under the process required by this Subsection (6):
(i) are bound by the decision reached under this process unless the decision is properly
appealed; and
(ii) may not pursue claims or disputes under the dispute resolution process established in
Sections [
(7) In addition to all other reasons allowed by law or rule, the director may reject all bids
if none of the bidders whose bid is within the budget of the project submit a subcontractor list
that meets the requirements of this section.
(8) Any violation of this section, or any fraudulent misrepresentation by a contractor,
subcontractor, or supplier, may be grounds for:
(a) the contractor, subcontractor, or supplier to be suspended or debarred by the director;
or
(b) the contractor or subcontractor to be disciplined by the Division of Professional and
Occupational Licensing.
Section 100. Section 63B-2-102 is amended to read:
63B-2-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $80,000,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
CAPITAL IMPROVEMENTS
1 Alterations, Repairs, and Improvements
$8,413,900
TOTAL IMPROVEMENTS
$8,413,900
ESTIMATED
OPERATIONS
AND
PROJECT PROJECT AMOUNT MAINTENANCE
PRIORITY DESCRIPTION FUNDED COSTS
1 Corrections - Northern Utah $2,729,700 $158,000
Community Corrections Center Phase II
2 University of Utah $10,200,000 $881,600
Marriot Library Phase II
3 Ogden Courts Building Phase II $12,096,000 $340,000
4 Utah National Guard - $397,800 $70,500
Southeast Utah Armory Phase II
5 Southern Utah University $7,004,400 $427,000
Library Phase II
6 Utah Valley Special Events $11,845,300 $536,900
Center Phase II
7 Salt Lake Community College $1,300,000 $0
- Land
8 Tax Commission Building $14,224,000 $812,000
9 Dixie College Business Building $2,823,300 $187,800
10 Salt Lake Community College $4,009,500 $257,600
South City 3rd Floor and Boiler
11 Public Education - $3,456,100 $124,800
Deaf and Blind Classrooms
TOTAL CONSTRUCTION $70,086,100
TOTAL IMPROVEMENTS AND $78,500,000
CONSTRUCTION
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 101. Section 63B-3-102 is amended to read:
63B-3-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $64,600,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
1 Alterations, Repairs, and Improvements
$5,000,000
TOTAL IMPROVEMENTS
$5,000,000
ESTIMATED
OPERATIONS
AND
PROJECT PROJECT AMOUNT MAINTENANCE
PRIORITY DESCRIPTION FUNDED COSTS
1 University of Utah $13,811,500 $881,600
Marriott Library Phase III (Final)
2 Bridgerland Applied Technology Center $2,400,000 $0
Utah State University Space
3 Weber State University - $2,332,100 $9,600
Heat Plant
4 Department of Human Services $4,180,000 $400,000
- Division of Youth Corrections renamed
in 2003 to the Division of Juvenile
Justice Services
5 Snow College - $3,885,100 $224,500
Administrative Services/Student Center
6 Ogden Weber Applied $750,000 $0
Technology Center -
Metal Trades Building Design and
Equipment Purchase
7 Department of Corrections $1,237,100 $72,000
B-Block Remodel
8 Utah State University - $550,000 $0
Old Main Phase III Design
9 Department of Corrections - 144 bed $6,700,000 $168,800
Uintah Expansion
10 Southern Utah University $5,630,400 $314,200
Administrative Services/Student Center
11 Anasazi Museum $760,200 $8,500
12 Hill Air Force Base - $9,500,000 $0
Easements Purchase
13 Signetics Building Remodel $2,000,000 $0
14 Antelope Island Visitors Center $750,000 $30,000
15 State Fair Park - $150,000 $0
Master Study
16 Utah National Guard - Draper Land $380,800 $0
17 Davis Applied Technology Center - $325,000 $0
Design
18 Palisade State Park - Land $800,000 $0
and Park Development
19 Department of Human Services $80,000 $0
- Cedar City Land
20 Department of Human Services $163,400 $0
- Clearfield Land
21 Electronic technology, $2,500,000 $0
equipment, and hardware
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT $58,885,600
TOTAL IMPROVEMENTS AND
CAPITAL AND ECONOMIC DEVELOPMENT $63,885,600
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 102. Section 63B-4-102 is amended to read:
63B-4-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $45,300,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
Alterations, Repairs, and Improvements $7,200,000
TOTAL IMPROVEMENTS $7,200,000
PROJECT AMOUNT ESTIMATED
DESCRIPTION FUNDED OPERATIONS AND
MAINTENANCE
COSTS
Corrections - Uinta IVA $11,300,000 $212,800
Utah County Youth Correctional Facility $6,650,000 $245,000
Ogden Weber Applied Technology Center - $5,161,000 $176,000
Metal Trades
Project Reserve Fund $3,500,000 None
Weber State University - Browning Center $3,300,000 None
Remodel
Heber Wells Building Remodel $2,000,000 None
Higher Education Davis County - Land Purchase $1,600,000 None
National Guard -- Provo Armory $1,500,000 $128,000
Department of Natural Resources - Pioneer $900,000 $65,000
Trails Visitor Center
Higher Education Design Projects $800,000 Varies
depending
upon
projects
selected
Salt Lake Community College -
South Valley Planning $300,000 None
Division of Youth Corrections renamed in 2003
to the Division of Juvenile Justice
Services - Logan Land $120,000 None
Purchase
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT $37,131,000
TOTAL IMPROVEMENTS AND
CAPITAL AND ECONOMIC DEVELOPMENT $44,331,000
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 103. Section 63B-5-102 is amended to read:
63B-5-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $32,000,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
Alterations, Repairs, and Improvements $7,600,000
TOTAL IMPROVEMENTS $7,600,000
ESTIMATED
OPERATIONS AND
PROJECT AMOUNT MAINTENANCE
DESCRIPTION FUNDED COSTS
Corrections - Gunnison (192 Beds) $13,970,000 $210,000
University of Utah -- Gardner Hall $7,361,000 $203,900
Weber State University Davis Campus $771,000 None
-- Land Purchase
Department of Workforce Services Cedar City $148,000 None
-- Land Purchase
College of Eastern Utah Durrant School $400,000 None
-- Land Purchase
State Hospital - Forensic Design (200 beds) $750,000 $575,000
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT $23,400,000
TOTAL IMPROVEMENTS AND
CAPITAL AND ECONOMIC DEVELOPMENT $31,000,000
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 104. Section 63B-6-102 is amended to read:
63B-6-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $57,000,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
ESTIMATED
OPERATIONS
AMOUNT AND
PROJECT DESCRIPTION FUNDED MAINTENANCE
Youth Corrections - Carbon / Emery (18 beds) $2,298,100 $70,000
State Hospital - 100 bed Forensic Facility $13,800,700 $320,600
Utah State University - Widtsoe Hall $23,986,700 $750,200
Davis Applied Technology Center $6,344,900 $144,000
- Medical/Health Tech Addition
Southern Utah University -- Physical $1,100,000 $456,100
Education Building (Design)
Salt Lake Community College -- High $1,165,000 $718,500
Technology Building, 90th So. Campus (Design)
Department of Natural Resources - Antelope $3,600,000 None
Island Road
Youth Corrections $1,500,000 None
- Region 1 72 Secured Bed Facility
Department of Natural Resources - Dead Horse $1,350,000 $5,700
Point Visitors Center
TOTAL CAPITAL AND ECONOMIC $55,145,400
DEVELOPMENT
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 105. Section 63B-6-402 is amended to read:
63B-6-402. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $9,000,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the State Tax
Commission to provide funds to pay all or part of the cost of the project described in this
Subsection (2).
(b) These costs may include:
(i) the cost of acquisition, development, and conversion of computer hardware and
software for motor vehicle fee systems and tax collection and accounting systems of the state;
(ii) interest estimated to accrue on these bonds during the period to be covered by that
development and conversion, plus a period of six months following the completion of the
development and conversion; and
(iii) all related engineering, consulting, and legal fees.
(c) For the State Tax Commission, proceeds shall be provided for the following:
PROJECT AMOUNT
DESCRIPTION FUNDED
UTAX SYSTEMS $8,500,000
ACQUISITION AND DEVELOPMENT
(3) The commission, by resolution may decline to issue bonds if the project could be
construed to violate state law or federal law or regulation.
(4) (a) For this project, for which only partial funding is provided in Subsection (2), it is
the intent of the Legislature that the balance necessary to complete the project be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) The State Tax Commission may enter into contracts for amounts not to exceed the
anticipated full project funding but may not allow work to be performed on those contracts in
excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the State Tax
Commission does not bind future Legislatures to fund projects initiated from this authorization.
Section 106. Section 63B-7-102 is amended to read:
63B-7-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $33,600,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
PROJECT AMOUNT ESTIMATED
DESCRIPTION FUNDED OPERATIONS AND
MAINTENANCE
Southern Utah University $4,600,000 $0
Land Purchase
Salt Lake Community College $3,980,700 $507,900
High Tech Center -
Jordan Campus
Children's Special Health Care $755,400 $247,600
Needs Clinic
Youth Corrections - 2 @ 32 beds $419,500 $276,000
(Vernal / Logan)
Corrections - Gunnison 288 bed $8,425,600 $0
and Lagoon Expansion
University of Utah - $445,500 $101,700
Cowles Building
Utah Valley State College - $1,166,300 $391,000
Technical Building
Sevier Valley Applied Technology $3,014,300 $443,300
Center - Shop Expansion
Division of Parks and Recreation $1,000,000 $22,700
Statewide Restrooms
Murray Highway Patrol Office $2,300,000 $81,000
Department of Workforce $2,780,000 $128,100
Services - Davis County
Employment Center
State Hospital - Rampton II $1,600,000 $462,000
Courts - 4th District $1,368,000 $0
Land - Provo
Dixie College - Land $1,000,000 $0
TOTAL CAPITAL AND $32,855,300
ECONOMIC DEVELOPMENT
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 107. Section 63B-7-402 is amended to read:
63B-7-402. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $16,500,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the State Tax
Commission to provide funds to pay all or part of the cost of the project described in this
Subsection (2).
(b) These costs may include:
(i) the cost of acquisition, development, and conversion of computer hardware and
software for motor vehicle fee systems and tax collection and accounting systems of the state;
(ii) interest estimated to accrue on these bonds during the period to be covered by that
development and conversion, plus a period of six months following the completion of the
development and conversion; and
(iii) all related engineering, consulting, and legal fees.
(c) For the State Tax Commission, proceeds shall be provided for the following:
PROJECT AMOUNT
DESCRIPTION FUNDED
UTAX SYSTEMS $15,650,000
ACQUISITION AND DEVELOPMENT
(3) The commission, by resolution may decline to issue bonds if the project could be
construed to violate state law or federal law or regulation.
(4) (a) For this project, for which only partial funding is provided in Subsection (2), it is
the intent of the Legislature that the balance necessary to complete the project be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) The State Tax Commission may enter into contracts for amounts not to exceed the
anticipated full project funding but may not allow work to be performed on those contracts in
excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the State Tax
Commission does not bind future Legislatures to fund projects initiated from this authorization.
Section 108. Section 63B-8-102 is amended to read:
63B-8-102. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $48,500,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
PROJECT AMOUNT ESTIMATED
DESCRIPTION FUNDED OPERATIONS AND
MAINTENANCE
Southern Utah University - $2,493,200 $447,744
Physical Education Building
Utah Valley State College - $29,000,000 $721,875
Information Sciences Building
University of Utah - $7,268,500 $140,217
Cowles Building Renovation
Vernal District Court $4,539,500 $149,989
Salt Lake Community College - $4,200,000 $281,784
Applied Education Center
TOTAL CAPITAL AND $47,501,200
ECONOMIC DEVELOPMENT
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 109. Section 63B-8-402 is amended to read:
63B-8-402. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed $7,400,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the project listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
PROJECT AMOUNT ESTIMATED
DESCRIPTION FUNDED OPERATIONS AND
MAINTENANCE
State Hospital - Rampton II $7,000,000 $462,000
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 110. Section 63B-9-103 is amended to read:
63B-9-103. Other capital facility authorizations and intent language.
(1) It is the intent of the Legislature that:
(a) Utah State University use institutional funds to plan, design, and construct a
renovation and expansion of the Edith Bowen School under the direction of the director of the
Division of Facilities Construction and Management unless supervisory authority has been
delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(2) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a College
of Science Math Center under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(3) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a
Burbidge Athletics and Academics Building under the direction of the director of the Division of
Facilities Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(4) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct an
expansion to the bookstore under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(5) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a Health
Sciences/Basic Sciences Building under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(6) It is the intent of the Legislature that:
(a) Weber State University use institutional funds to plan, design, and construct an
expansion to the stadium under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(7) It is the intent of the Legislature that:
(a) Utah Valley State College use institutional funds to plan, design, and construct a
baseball stadium under the direction of the director of the Division of Facilities Construction and
Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the college may not request state funds for operations and maintenance.
(8) It is the intent of the Legislature that:
(a) Southern Utah University use institutional funds to plan, design, and construct a
weight training room under the direction of the director of the Division of Facilities Construction
and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(9) It is the intent of the Legislature that:
(a) Snow College may lease land at the Snow College Richfield campus to a private
developer for the construction and operation of student housing;
(b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
(c) no state funds be used for any portion of this project; and
(d) the college may not request state funds for operations and maintenance.
(10) It is the intent of the Legislature that:
(a) Salt Lake Community College may lease land at the Jordan campus to Jordan School
District for the construction and operation of an Applied Technology Education Center;
(b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
(c) no state funds be used for any portion of this project; and
(d) the college may not request state funds for operations and maintenance.
(11) It is the intent of the Legislature that:
(a) the Department of Transportation exchange its maintenance station at Kimball
Junction for property located near Highway 40 in Summit County; and
(b) the Department of Transportation use federal funds, rent paid by the Salt Lake
Organizing Committee for the use of the maintenance station, and any net proceeds resulting
from the exchange of property to construct a replacement facility under the direction of the
director of the Division of Facilities Construction and Management unless supervisory authority
has been delegated.
(12) It is the intent of the Legislature that:
(a) the Department of Transportation sell surplus property in Utah County;
(b) the Department of Transportation use funds from that sale to remodel existing space
and add an addition to the Region 3 Complex; and
(c) the project cost not exceed the funds received through sale of property.
(13) It is the intent of the Legislature that the Department of Workforce Services use
proceeds from property sales to purchase additional property adjacent to its state-owned facility
in Logan.
(14) (a) It is the intent of the Legislature that, because only partial funding is provided for
the Heat Plant/Infrastructure Project at Utah State University, the balance necessary to complete
this project be addressed by future Legislatures, either through appropriations or through the
issuance of bonds.
(b) (i) In compliance with Section 63A-5-207 , the division may enter into contracts for
amounts not to exceed the anticipated full project funding but may not allow work to be
performed on those contracts in excess of the funding already authorized by the Legislature.
(ii) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(c) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund the Heat Plant/Infrastructure Project at Utah State University.
Section 111. Section 63B-11-202 is amended to read:
63B-11-202. Maximum amount -- Projects authorized.
(1) (a) The total amount of bonds issued under this part may not exceed $21,250,000.
(b) When Utah State University certifies to the commission that the university has
obtained reliable commitments, convertible to cash, of $10,000,000 or more in nonstate funds to
renovate the existing engineering building, the commission may issue and sell general obligation
bonds in a total amount not to exceed $6,100,000.
(c) When the University of Utah certifies to the commission that the university has
obtained reliable commitments, convertible to cash, of $13,000,000 or more in nonstate funds to
construct a new engineering building, the commission may issue and sell general obligation
bonds in a total amount not to exceed $15,150,000.
(2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
funds to pay all or part of the cost of acquiring and constructing the projects listed in this
Subsection (2).
(b) These costs may include the cost of acquiring land, interests in land, easements and
rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
convenient to the facilities, interest estimated to accrue on these bonds during the period to be
covered by construction of the projects plus a period of six months after the end of the
construction period, and all related engineering, architectural, and legal fees.
(c) For the division, proceeds shall be provided for the following:
PROJECT AMOUNT ESTIMATED OPERATING
DESCRIPTION FUNDED AND MAINTENANCE COSTS
1. Utah State $5,943,500 $425,000
University
Engineering Building
Renovation
2. University of $15,000,000 $489,000
Utah New
Engineering Building
COSTS OF ISSUANCE $306,500
TOTAL CAPITAL AND ECONOMIC DEVELOPMENT $21,250,000
(d) For purposes of this section, operations and maintenance costs:
(i) are estimates only;
(ii) may include any operations and maintenance costs already funded in existing agency
budgets; and
(iii) are not commitments by this Legislature or future Legislatures to fund those
operations and maintenance costs.
(3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
constitute a limitation on the amount that may be expended for any project.
(b) The board may revise these estimates and redistribute the amount estimated for a
project among the projects authorized.
(c) The commission, by resolution and in consultation with the board, may delete one or
more projects from this list if the inclusion of that project or those projects in the list could be
construed to violate state law or federal law or regulation.
(4) (a) The division may enter into agreements related to these projects before the receipt
of proceeds of bonds issued under this chapter.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund.
(c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The commission may, by resolution, make any statement of intent relating to that
reimbursement that is necessary or desirable to comply with federal tax law.
(5) (a) For those projects for which only partial funding is provided in Subsection (2), it
is the intent of the Legislature that the balance necessary to complete the projects be addressed by
future Legislatures, either through appropriations or through the issuance or sale of bonds.
(b) For those phased projects, the division may enter into contracts for amounts not to
exceed the anticipated full project funding but may not allow work to be performed on those
contracts in excess of the funding already authorized by the Legislature.
(c) Those contracts shall contain a provision for termination of the contract for the
convenience of the state as required by Section [
(d) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund projects initiated from this authorization.
Section 112. Section 67-16-4 is amended to read:
67-16-4. Improperly disclosing or using private, controlled, or protected
information -- Using position to secure privileges or exemptions -- Accepting employment
which would impair independence of judgment or ethical performance.
(1) It is an offense for a public officer, public employee, or legislator, under
circumstances not amounting to a violation of Section [
(a) accept employment or engage in any business or professional activity that he might
reasonably expect would require or induce him to improperly disclose controlled information that
he has gained by reason of his official position;
(b) disclose or improperly use controlled, private, or protected information acquired by
reason of his official position or in the course of official duties in order to further substantially
the officer's or employee's personal economic interest or to secure special privileges or
exemptions for himself or others;
(c) use or attempt to use his official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges or exemptions for himself or others;
(d) accept other employment that he might expect would impair his independence of
judgment in the performance of his public duties; or
(e) accept other employment that he might expect would interfere with the ethical
performance of his public duties.
(2) (a) Subsection (1) does not apply to the provision of education-related services to
public school students by public education employees acting outside their regular employment.
(b) The conduct referred to in Subsection (2)(a) is subject to Section 53A-1-402.5 .
Section 113. Section 67-16-5 is amended to read:
67-16-5. Accepting gift, compensation, or loan -- When prohibited.
(1) As used in this section, "economic benefit tantamount to a gift" includes:
(a) a loan at an interest rate that is substantially lower than the commercial rate then
currently prevalent for similar loans; and
(b) compensation received for private services rendered at a rate substantially exceeding
the fair market value of the services.
(2) It is an offense for a public officer, public employee, or legislator, under
circumstances not amounting to a violation of Section [
knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift
of substantial value or a substantial economic benefit tantamount to a gift:
(a) that would tend improperly to influence a reasonable person in the person's position
to depart from the faithful and impartial discharge of the person's public duties;
(b) that the person knows or that a reasonable person in that position should know under
the circumstances is primarily for the purpose of rewarding the person for official action taken;
or
(c) if he recently has been, is now, or in the near future may be involved in any
governmental action directly affecting the donor or lender, unless a disclosure of the gift,
compensation, or loan and other relevant information has been made in the manner provided in
Section 67-16-6 .
(3) Subsection (2) does not apply to:
(a) an occasional nonpecuniary gift, having a value of not in excess of $50;
(b) an award publicly presented in recognition of public services;
(c) any bona fide loan made in the ordinary course of business; or
(d) a political campaign contribution.
Section 114. Section 67-16-5.3 is amended to read:
67-16-5.3. Requiring donation, payment, or service to government agency in
exchange for approval -- When prohibited.
(1) It is an offense for a public officer, public employee, or legislator, under
circumstances not amounting to a violation of Section [
demand from any person as a condition of granting any application or request for a permit,
approval, or other authorization, that the person donate personal property, money, or services to
any agency.
(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to an
agency that is:
(i) expressly required by statute, ordinance, or agency rule;
(ii) mutually agreed to between the applicant and the entity issuing the permit, approval,
or other authorization;
(iii) made voluntarily by the applicant; or
(iv) a condition of a consent decree, settlement agreement, or other binding instrument
entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
(b) If a person donates property, funds, or services to an agency, the agency shall, as part
of the permit or other written authorization:
(i) identify that a donation has been made;
(ii) describe the donation;
(iii) certify, in writing, that the donation was voluntary; and
(iv) place that information in its files.
Section 115. Section 67-16-6 is amended to read:
67-16-6. Receiving compensation for assistance in transaction involving an agency
-- Filing sworn statement.
(1) It is an offense for a public officer or public employee, under circumstances not
amounting to a violation of Section [
receive compensation for assisting any person or business entity in any transaction involving an
agency unless the public officer or public employee files a sworn, written statement containing
the information required by Subsection (2) with:
(a) the head of his own agency;
(b) the agency head of the agency with which the transaction is being conducted; and
(c) the state attorney general.
(2) The statement shall contain:
(a) the name and address of the public officer or public employee involved;
(b) the name of the public officer's or public employee's agency;
(c) the name and address of the person or business entity being or to be assisted; and
(d) a brief description of:
(i) the transaction as to which service is rendered or is to be rendered; and
(ii) the nature of the service performed or to be performed.
(3) The statement required to be filed under Subsection (1) shall be filed within ten days
after the date of any agreement between the public officer or public employee and the person or
business entity being assisted or the receipt of compensation, whichever is earlier.
(4) The statement is public information and shall be available for examination by the
public.
Section 116. Section 72-6-107 is amended to read:
72-6-107. Construction or improvement of highway -- Contracts -- Retainage.
(1) (a) The department shall make plans, specifications, and estimates prior to the
construction or improvement of any state highway.
(b) Except as provided in Section [
improvements performed with state prison labor, a construction or improvement project with an
estimated cost exceeding the bid limit as defined in Section 72-6-109 for labor and materials
shall be performed under contract awarded to the lowest responsible bidder.
(c) The advertisement for bids shall be published in a newspaper of general circulation in
the county in which the work is to be performed, at least once a week for two consecutive weeks,
with the last publication at least ten days before bids are opened.
(d) The department shall receive sealed bids and open the bids at the time and place
designated in the advertisement. The department may then award the contract but may reject any
and all bids.
(e) If the department's estimates are substantially lower than any responsible bid
received, the department may perform any work by force account.
(2) If any payment on a contract with a private contractor for construction or
improvement of a state highway is retained or withheld, the payment shall be retained or
withheld and released as provided in Section 13-8-5 .
(3) If the department performs a construction or improvement project by force account,
the department shall:
(a) provide an accounting of the costs and expenditures of the improvement including
material and labor;
(b) disclose the costs and expenditures to any person upon request and allow the person
to make a copy and pay for the actual cost of the copy; and
(c) perform the work using the same specifications and standards that would apply to a
private contractor.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall establish procedures for:
(a) hearing evidence that a region within the department violated this section; and
(b) administering sanctions against the region if the region is found in violation.
Section 117. Section 73-10-27 is amended to read:
73-10-27. Project priorities -- Considerations -- Determinations of feasibility -- Bids
and contracts -- Definitions -- Retainage.
(1) In considering the priorities for projects to be built with funds made available under
Section 73-10-24 , the board shall give preference to those projects which:
(a) are sponsored by the state or a political subdivision of the state;
(b) meet a critical local need;
(c) have greater economic feasibility;
(d) will yield revenue to the state within a reasonable time or will return a reasonable rate
of interest, based on financial feasibility; and
(e) meet other considerations deemed necessary by the board, including, but not limited
to, wildlife management and recreational needs.
(2) In determining the economic feasibility the board shall establish a benefit-to-cost
ratio for each project, using a uniform standard of procedure for all projects. In considering
whether a project should be built, the benefit-to-cost ratio for each project shall be weighted
based on the relative cost of the project. A project, when considered in total with all other
projects constructed under this chapter and still the subject of a repayment contract, may not
cause the accumulative benefit-to-cost ratio of the projects to be less than one to one.
(3) Under no circumstances may a project be built that is not in the public interest as
determined by the Board of Water Resources, and no project may be built which is not
adequately designed based on sound engineering and geologic considerations.
(4) The board in the preparation of a project for construction shall comply with the
following:
(a) All flood control projects involving cities and counties costing in excess of $35,000,
and all contracts for the construction of a storage reservoir in excess of 100 acre-feet or for the
construction of a hydroelectric generating facility, shall be awarded on the basis of competitive
bid. Advertisement for competitive bids shall be published by the board at least once a week for
three consecutive weeks in a newspaper with general circulation in the state. The advertisement
shall indicate that the board will award the contract to the lowest responsible bidder but that it
reserves to itself the right to reject any and all bids. The date of last publication shall appear at
least five days before the scheduled bid opening.
(b) If all initial bids on the project are rejected, the board shall readvertise the project in
the manner specified in Subsection (4)(a). If no satisfactory bid is received by the board upon the
readvertisement of the project, it may proceed to construct the project but only in accordance
with the plans and specifications used to calculate the estimated cost of the project.
(c) The board shall keep an accurate record of all facts and representations relied upon in
preparing its estimated cost for any project which is subject to the competitive bidding
requirements of this section.
(d) For the purposes of this Subsection (4):
(i) "Estimated cost" means the cost of all labor, material, and equipment necessary for
construction of the contemplated project.
(ii) "Lowest responsible bidder" means any licensed contractor who submits the lowest
bid, whose bid is in compliance with the invitation for bids, whose bid meets the plans and
specifications, and who furnishes bonds under Sections 14-1-18 and [
(5) If any payment on a contract with a private contractor for construction of projects
under this section is retained or withheld, it shall be retained or withheld and released as
provided in Section 13-8-5 .
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