Download Zipped Enrolled WordPerfect HB0034.ZIP
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]

H.B. 34 Enrolled

             1     

DEPARTMENT OF TRANSPORTATION SETTLEMENT

             2     
AGREEMENT AMENDMENTS

             3     
2011 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Julie Fisher

             6     
Senate Sponsor: Kevin T. Van Tassell

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies the State Settlement Agreements Act by amending provisions
             11      relating to certain Department of Transportation construction contract claim settlement
             12      agreements and settlement agreements that resolve bid or request for proposal protests.
             13      Highlighted Provisions:
             14          This bill:
             15          .    provides definitions;
             16          .    requires the Department of Transportation to obtain approval of the Transportation
             17      Commission or the governor or review by the Legislative Management Committee
             18      for certain construction contract claim settlement agreements if the claim is being
             19      recommended by the Department of Transportation's claims review board;
             20          .    prohibits the Department of Transportation from entering into a construction
             21      contract claim settlement agreement that is being recommended by the Department
             22      of Transportation's claims review board in certain circumstances until the
             23      Transportation Commission or the governor has approved the agreement or the
             24      Legislative Management Committee has reviewed the agreement;
             25          .    requires the Department of Transportation to obtain approval of the Transportation
             26      Commission or the governor or review by the Legislative Management Committee
             27      for certain settlement agreements that resolve a bid or request for proposal protest;
             28      and
             29          .    prohibits the Department of Transportation from entering into a settlement


             30      agreement that resolves a bid or request for proposal protest in certain circumstances until the
             31      Transportation Commission or the governor has approved the agreement or the Legislative
             32      Management Committee has reviewed the agreement.
             33      Money Appropriated in this Bill:
             34          None
             35      Other Special Clauses:
             36          None
             37      Utah Code Sections Affected:
             38      AMENDS:
             39          63G-6-801, as renumbered and amended by Laws of Utah 2008, Chapter 382
             40      ENACTS:
             41          63G-10-402, Utah Code Annotated 1953
             42          63G-10-403, Utah Code Annotated 1953
             43     
             44      Be it enacted by the Legislature of the state of Utah:
             45          Section 1. Section 63G-6-801 is amended to read:
             46           63G-6-801. Protest to chief procurement officer -- Time -- Authority to resolve
             47      protest.
             48          (1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in
             49      connection with the solicitation or award of a contract may protest to the chief procurement
             50      officer or the head of a purchasing agency. A protest with respect to an invitation for bids or a
             51      request for proposals shall be submitted in writing prior to the opening of bids or the closing
             52      date for proposals, unless the aggrieved person did not know and should not have known of the
             53      facts giving rise to the protest prior to bid opening or the closing date for proposals. The
             54      protest shall be submitted in writing within five working days after the aggrieved person knows
             55      or should have known of the facts giving rise thereto.
             56          (2) [The] Subject to the applicable requirements in Section 63G-10-403 , the chief
             57      procurement officer, the head of a purchasing agency, or a designee of either officer shall have


             58      the authority, prior to the commencement of an action in court concerning the controversy, to
             59      settle and resolve the protest.
             60          Section 2. Section 63G-10-402 is enacted to read:
             61     
Part 4. Department of Transportation Settlement Agreements

             62          63G-10-402. Department of Transportation construction contract claim
             63      settlement agreement approval and review.
             64          (1) As used in this section:
             65          (a) "Claims review board" means a committee established by the department to hear
             66      unresolved claims and make recommendations for settlement to the deputy director of the
             67      department.
             68          (b) "Department" means the Department of Transportation created in Section 72-1-201 .
             69          (c) "Settlement agreement" includes stipulations, consent decrees, settlement
             70      agreements, or other legally binding documents or representations resolving a dispute between
             71      the department and another party when the department is required to pay money or required to
             72      take legally binding action.
             73          (2) The department shall obtain the approval of the Transportation Commission or the
             74      governor or review by the Legislative Management Committee of a settlement agreement that
             75      involves a construction contract claim in accordance with this section.
             76          (3) A construction contract claim settlement agreement that is being recommended by
             77      the department's claims review board that might cost government entities more than $100,000
             78      to implement shall be presented to the Transportation Commission for approval or rejection.
             79          (4) A construction contract claim settlement agreement that is being recommended by
             80      the department's claims review board that might cost government entities more than $500,000
             81      to implement shall be presented:
             82          (a) to the Transportation Commission for approval or rejection; and
             83          (b) to the governor for approval or rejection.
             84          (5) (a) A construction contract claim settlement agreement that is being recommended
             85      by the department's claims review board that might cost government entities more than


             86      $1,000,000 to implement shall be presented:
             87          (i) to the Transportation Commission for approval or rejection;
             88          (ii) to the governor for approval or rejection; and
             89          (iii) if the construction contract claim settlement agreement is approved by the
             90      Transportation Commission and the governor, to the Legislative Management Committee.
             91          (b) The Legislative Management Committee may recommend approval or rejection of
             92      the construction contract claim settlement agreement.
             93          (6) (a) The department may not enter into a construction contract claim settlement
             94      agreement that is being recommended by the department's claims review board that might cost
             95      government entities more than $100,000 to implement until the Transportation Commission
             96      has approved the agreement.
             97          (b) The department may not enter into a construction contract claim settlement
             98      agreement that is being recommended by the department's claims review board that might cost
             99      government entities more than $500,000 to implement until the Transportation Commission
             100      and the governor have approved the agreement.
             101          (c) The department may not enter into a construction contract claim settlement
             102      agreement that is being recommended by the department's claims review board that might cost
             103      government entities more than $1,000,000 to implement until:
             104          (i) the Transportation Commission has approved the agreement;
             105          (ii) the governor has approved the agreement; and
             106          (iii) the Legislative Management Committee has reviewed the agreement.
             107          Section 3. Section 63G-10-403 is enacted to read:
             108          63G-10-403. Department of Transportation bid or request for proposal protest
             109      settlement agreement approval and review.
             110          (1) As used in this section:
             111          (a) "Department" means the Department of Transportation created in Section 72-1-201 .
             112          (b) "Settlement agreement" includes stipulations, consent decrees, settlement
             113      agreements, or other legally binding documents or representations resolving a dispute between


             114      the department and another party when the department is required to pay money or required to
             115      take legally binding action.
             116          (2) The department shall obtain the approval of the Transportation Commission or the
             117      governor or review by the Legislative Management Committee of a settlement agreement that
             118      involves a bid or request for proposal protest in accordance with this section.
             119          (3) A settlement agreement that is being settled by the department as part of a bid or
             120      request for proposal protest, in accordance with Section 63G-6-801 , that might cost
             121      government entities more than $100,000 to implement shall be presented to the Transportation
             122      Commission for approval or rejection.
             123          (4) A settlement agreement that is being settled by the department as part of a bid or
             124      request for proposal protest, in accordance with Section 63G-6-801 , that might cost
             125      government entities more than $500,000 to implement shall be presented:
             126          (a) to the Transportation Commission for approval or rejection; and
             127          (b) to the governor for approval or rejection.
             128          (5) (a) A settlement agreement that is being settled by the department as part of a bid or
             129      request for proposal protest, in accordance with Section 63G-6-801 , that might cost
             130      government entities more than $1,000,000 to implement shall be presented:
             131          (i) to the Transportation Commission for approval or rejection;
             132          (ii) to the governor for approval or rejection; and
             133          (iii) if the settlement agreement is approved by the Transportation Commission and the
             134      governor, to the Legislative Management Committee.
             135          (b) The Legislative Management Committee may recommend approval or rejection of
             136      the settlement agreement.
             137          (6) (a) The department may not enter into a settlement agreement that resolves a bid or
             138      request for proposal protest, in accordance with Section 63G-6-801 , that might cost
             139      government entities more than $100,000 to implement until the Transportation Commission
             140      has approved the agreement.
             141          (b) The department may not enter into a settlement agreement that resolves a bid or


             142      request for proposal protest, in accordance with Section 63G-6-801 , that might cost
             143      government entities more than $500,000 to implement until the Transportation Commission
             144      and the governor have approved the agreement.
             145          (c) The department may not enter into a settlement agreement that resolves a bid or
             146      request for proposal protest in accordance with Section 63G-6-801 that might cost government
             147      entities more than $1,000,000 to implement until:
             148          (i) the Transportation Commission has approved the agreement;
             149          (ii) the governor has approved the agreement; and
             150          (iii) the Legislative Management Committee has reviewed the agreement.


[Bill Documents][Bills Directory]