reglab/housing_qa huggingface dataset:
UT Code § 63G-6a-1102 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 11 - Bonds|Section 1102 - Bid security requirements -- Directed suretyship prohibited -- Penalty.

 Effective 5/12/2020  63G-6a-1102. Bid security requirements -- Directed suretyship prohibited -- Penalty.    (1) Bid security in an amount equal to at least 5% of the amount of the bid shall be required for all competitive 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 described in the invitation for bids, the bid shall be rejected unless, pursuant to rules of the rulemaking authority, the issuing procurement unit determines 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. If a bidder is 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 procurement official 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 described 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.      Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1103 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 11 - Bonds|Section 1103 - Bonds or security necessary when contract is awarded -- Waiver -- Action -- Attorney fees.

 Effective 5/12/2020  63G-6a-1103. Bonds or security necessary when contract is awarded -- Waiver -- Action -- Attorney 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 procurement unit, which shall become binding on the parties upon the execution of the contract:   (a) a performance bond satisfactory to the procurement unit 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 the state or any other form satisfactory to the procurement unit; and     (b) a payment bond satisfactory to the procurement unit 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 the state or any other form satisfactory to the procurement unit, 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 procurement official responsible for carrying out the construction project may not require a contractor to whom a contract is awarded to obtain a bond of the types referred to in Subsection (1) from a specific insurance or surety company, producer, agent, or broker.     (b) A person who violates Subsection (2)(a) is guilty of an infraction.       (3) Rules of a rulemaking authority may provide for waiver of the requirement of a bid, performance, or payment bond for circumstances in which the procurement official considers any or all of the bonds to be unnecessary to protect the procurement unit.     (4) A person has a right of action on a payment bond under this section for any unpaid amount due to the person if:   (a) the person 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) the person has not been paid in full within 90 days after the last day on which the person performed the labor or service or supplied the equipment or material for which the claim is made.       (5) An action upon a payment bond may only be brought in a court of competent jurisdiction in a county where the construction contract was to be performed. 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 attorney fees to the prevailing party, which fees shall be taxed as costs in the action.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1104 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 11 - Bonds|Section 1104 - Preliminary notice requirement.

63G-6a-1104. Preliminary 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 38-1b-202, except that this section does not apply:   (a) to an individual performing labor for wages; or     (b) if a notice of commencement is not filed as prescribed in Section 38-1b-201 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 before commencement of any action on the payment bond.     (4) Subsection (1)(a) does not exempt the following from complying with the requirements of this section:   (a) a temporary labor service company or organization;     (b) a professional employer company or organization; or     (c) any other entity that provides labor.      Amended by Chapter 278, 2012 General SessionAmended by Chapter 330, 2012 General SessionRenumbered and Amended by Chapter 347, 2012 General Session
UT Code § 63G-6a-1105 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 11 - Bonds|Section 1105 - Form of bonds -- Effect of certified copy.

 Effective 5/12/2020  63G-6a-1105. Form of bonds -- Effect of certified copy.    (1) The form of the bonds required by this part shall be established by rule made by the rulemaking authority.     (2) Any person may obtain from the procurement unit a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any.     (3) A certified copy of a bond is prima facie evidence of the contents, execution, and delivery of the original.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1201 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1201 - Title.

63G-6a-1201. Title.  This part is known as "Contracts and Change Orders."  Enacted by Chapter 347, 2012 General Session
UT Code § 63G-6a-1202 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1202 - Standard contract clauses encouraged.

 Effective 3/29/2014  63G-6a-1202. Standard contract clauses encouraged.  A procurement unit is encouraged to establish standard contract clauses to assist the procurement unit and to help contractors and potential contractors to understand applicable requirements. Repealed and Re-enacted by Chapter 196, 2014 General Session
UT Code § 63G-6a-1203 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1203 - Certain indemnification provisions forbidden -- Exceptions.

 Effective 5/12/2015  63G-6a-1203. Certain indemnification provisions forbidden -- Exceptions.    (1) A contract, including an amendment to an existing contract, entered into under this chapter may not require that a design professional indemnify another from liability claims that arise out of the design professional's services, unless the liability claim arises from the design professional's negligent act, wrongful act, error or omission, or other liability imposed by law.     (2) Subsection (1) may not be waived by contract.     (3) Notwithstanding Subsections (1) and (2), a design professional may be required to indemnify a person for whom the design professional has direct or indirect control or responsibility.    Amended by Chapter 218, 2015 General Session
UT Code § 63G-6a-1204.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1204.5 - Multiple award contracts.

 Effective 5/12/2020  63G-6a-1204.5. Multiple award contracts.    (1)   (a) Through a standard procurement process, the division or an independent procurement unit may enter into multiple award contracts with multiple persons.     (b) The applicable rulemaking authority may make rules, consistent with this section, regulating the use of multiple award contracts.       (2) Multiple award contracts may be in a procurement unit's best interest if award to two or more bidders or offerors for similar procurement items is needed or desired for adequate delivery, service, availability, or product compatibility.     (3) A procurement unit that enters into multiple award contracts under this section shall:   (a) exercise care to protect and promote competition among bidders or offerors when seeking to enter into multiple award contracts;     (b) name all eligible users of the multiple award contracts in the invitation for bids or request for proposals; and     (c) if the procurement unit anticipates entering into multiple award contracts before issuing the invitation for bids or request for proposals, state in the invitation for bids or request for proposals that the procurement unit may enter into multiple award contracts at the end of the procurement process.       (4) A procurement unit that enters into multiple award contracts under this section shall:   (a) obtain, under the multiple award contracts, all of its normal, recurring requirements for the procurement items that are the subject of the contracts until the contracts terminate; and     (b) reserve the right to obtain the procurement items described in Subsection (4)(a) separately from the contracts if:   (i) there is a need to obtain a quantity of the procurement items that exceeds the amount specified in the contracts; or     (ii) the procurement officer makes a written finding that the procurement items available under the contract will not effectively or efficiently meet a nonrecurring special need of a procurement unit.         (5) An applicable rulemaking authority may make rules to further regulate a procurement under this section.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1206 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1206 - Rules to determine allowable incurred costs -- Required information.

 Effective 5/12/2020  63G-6a-1206. Rules to determine allowable incurred costs -- Required information.    (1)   (a) A rulemaking authority may, by rule, establish the cost principles to be included in a cost-reimbursement contract to determine incurred costs for the purpose of calculating a reimbursement.     (b) The cost principles established by rule under Subsection (1)(a) may be modified, by contract, if the procurement official approves the modification.       (2) Except as provided in Subsection (5), a person who seeks to be, or is, a party in a cost-based contract with a procurement unit shall:   (a) submit cost or pricing data relating to determining the cost or pricing amount; and     (b) certify that, to the best of the contractor's knowledge and belief, the cost or pricing data submitted is accurate and complete as of the date specified by the procurement unit.       (3) The procurement official shall ensure that the date specified under Subsection (2)(b) is before:   (a) the pricing of any contract awarded by a standard procurement process or pursuant to a sole source procurement, if the total contract price is expected to exceed an amount established by rule made by the rulemaking authority; or     (b) the pricing of any change order that is expected to exceed an amount established by rule made by the rulemaking authority.       (4) A contract or change order that requires a certification described in Subsection (2) shall include a provision that the price to the procurement unit, including profit or fee, shall be adjusted to exclude any significant sums by which the procurement unit finds that the price was increased because the contractor provided cost or pricing data that was inaccurate, incomplete, or not current as of the date specified by the procurement officer.     (5) A procurement unit is not required to comply with Subsection (2) if:   (a) the contract price is based on adequate price competition;     (b) the contract price is based on established catalogue prices or market prices;     (c) the contract price is set by law or rule; or     (d) the procurement states, in writing:   (i) that, in accordance with rules made by the rulemaking authority, the requirements of Subsection (2) may be waived; and     (ii) the reasons for the waiver.        Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1206.3 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1206.3 - Auditing of books of contractor or subcontractor.

 Effective 3/28/2016  63G-6a-1206.3. Auditing of books of contractor or subcontractor.    (1) A procurement officer or an audit entity under contract with the procurement unit may audit the books and records of a contractor or subcontractor.     (2) An audit under Subsection (1):   (a) is limited to the books and records that relate to the applicable contract or subcontract; and     (b) may occur only at a reasonable time and place.       (3) A contractor shall maintain all books and records relating to a contract for six years after the day on which the contractor receives the final payment under the contract, or until all audits initiated under this section within the six-year period have been completed, whichever is later.     (4) A subcontractor shall maintain all books and records relating to a subcontract for six years after the day on which the subcontractor receives the final payment under the subcontract, or until all audits initiated under this section within the six-year period have been completed, whichever is later.    Enacted by Chapter 355, 2016 General Session
UT Code § 63G-6a-1206.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1206.5 - Change in contract price.

 Effective 5/5/2021  63G-6a-1206.5. Change in contract price.    (1) As used in this section, "contract price":   (a) means the price under an existing contract between a procurement unit and a contractor; and     (b) does not include a proposed price or cost contained in a solicitation response or any other bid, proposal, or offer submitted by a person other than the contractor under the existing contract.       (2) A contractor may:   (a) increase the contract price only in accordance with the terms of the contract; and     (b) subject to Subsection (3), lower the contract price at any time during the time a contract is in effect.       (3) A contractor under a multiple award contract resulting from a bidding process may not lower the contract price unless the contractor's solicitation response that led to the contract award was the lowest price solicitation response.    Amended by Chapter 406, 2021 General Session
UT Code § 63G-6a-1207 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1207 - Certification of change order.

63G-6a-1207. Certification of change order.    (1) Under a construction contract, a change order that increases the contract amount may not be made without prior written certification that the change order is within the determined project or contract budget by:   (a) the fiscal officer of the entity responsible for funding the project or contract; or      (b) the official responsible for monitoring and reporting upon the status of the costs of the total project or contract budget.        (2) If a change order will result in an increase in the total project or contract budget, the change order may not be made, unless:   (a) sufficient funds are added to the project contract or budget; or     (b) 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 before the change order under consideration.        (3) Notwithstanding any other provision of this section, it shall be presumed that this section has been complied with if the contractor reasonably relies on an executed change order.    Renumbered and Amended by Chapter 347, 2012 General Session
UT Code § 63G-6a-1208 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1208 - Installment payments -- Contract prepayments.

 Effective 5/12/2020  63G-6a-1208. Installment payments -- Contract prepayments.    (1) A contract entered into by a procurement unit may provide for installment payments, including interest charges, over a period of time, if the procurement official makes a written finding that:   (a) the use of installment payments are in the interest of the procurement unit;     (b) installment payments are not used as a method of avoiding budgetary constraints;     (c) the procurement unit has obtained all budgetary approvals and other approvals required for making the installment payments;     (d) all aspects of the installment payments required in the contract are in accordance with the requirements of law; and     (e) for a contract awarded through an invitation for bids or a request for proposals, the invitation for bids or request for proposals indicates that installment payments are required or permitted.       (2)   (a) A procurement unit may not pay for a procurement item before the procurement unit receives the procurement item, unless the procurement official determines that it is necessary or beneficial for the procurement unit to pay for the procurement item before the procurement unit receives the procurement item.     (b) A procurement official's determination under Subsection (2)(a) shall be in writing, unless:   (i) the rulemaking authority has adopted a rule describing one or more circumstances under which a written determination is not necessary; and     (ii) the procurement official's determination is under one of those circumstances.         (3) Circumstances where prepayment may be necessary for, or beneficial to, the procurement unit include:   (a) when it is customary in the industry to prepay for the procurement item;     (b) if the procurement unit will receive an identifiable benefit by prepaying, including reduced costs, additional procurement items, early delivery, better service, or better contract terms; or     (c) other circumstances permitted by rule made by the rulemaking authority.       (4) The rulemaking authority may make rules governing prepayments.     (5) A prepaid expenditure shall be supported by documentation indicating:   (a) the amount of the prepayment;     (b) the prepayment schedule;     (c) the procurement items to which each prepayment relates;     (d) the remedies for a contractor's noncompliance with requirements relating to the provision of the procurement items; and     (e) all other terms and conditions relating to the payments and the procurement items.       (6) The procurement official or the procurement official's designee may require a performance bond, of up to 100% of the prepayment amount, from the person to whom the prepayments are made.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1209 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1209 - Leases.

 Effective 5/12/2020  63G-6a-1209. Leases.    (1) As used in this section, "lease" means for a procurement unit to lease or lease-purchase a procurement item from a person.     (2) This section does not apply to the lease of real property.     (3) A procurement unit may not lease a procurement item unless the procurement unit complies with the requirements of this section.     (4) A procurement unit may lease a procurement item if:   (a) the procurement officer determines that it is in the best interest of the procurement unit to lease the procurement item, after the procurement officer:   (i) investigates alternative means of obtaining the procurement item; and     (ii) considers the costs and benefits of the alternative means of obtaining the procurement item;       (b) all conditions for renewal and cost are included in the lease;     (c) the lease is awarded through a standard procurement process, or an exception to a standard procurement process described in Part 8, Exceptions to Procurement Requirements;     (d) for a standard procurement process, the invitation for bids, request for proposals, or request for quotes states:   (i) that the procurement unit is seeking, or willing to consider, a lease; and     (ii) for a lease purchase, that the procurement unit is seeking, or willing to consider, a lease-purchase;       (e) the lease is not used to avoid competition; and     (f) the lease complies with all other provisions of law or rule applicable to the lease.      Amended by Chapter 354, 2020 General Session
UT Code § 63G-6a-1210 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 12 - Contracts and Change Orders|Section 1210 - Contract provisions for incentives, damages, and penalties.

63G-6a-1210. Contract provisions for incentives, damages, and penalties.  A procurement unit may include in a contract terms that provide for:  (1) incentives, including bonuses;     (2) payment of damages, including liquidated damages; or     (3) penalties.    Enacted by Chapter 445, 2013 General Session
UT Code § 63G-6a-1301 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 13 - General Construction Provisions|Section 1301 - Title.

63G-6a-1301. Title.  This part is known as "General Construction Provisions."  Enacted by Chapter 347, 2012 General Session
UT Code § 63G-6a-1401 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 14 - Transportation Contracts|Section 1401 - Title.

63G-6a-1401. Title.  This part is known as "Transportation Contracts."  Enacted by Chapter 347, 2012 General Session
UT Code § 63G-6a-1501 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1501 - Title.

 Effective 5/12/2015  63G-6a-1501. Title.  This part is known as "Design Professional Services." Amended by Chapter 218, 2015 General Session