reglab/housing_qa huggingface dataset:
UT Code § 63G-6a-1502 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1502 - Requirements regarding procurement of design professional services.

 Effective 5/12/2020  63G-6a-1502. Requirements regarding procurement of design professional services.    (1) A procurement unit seeking to procure design professional services shall:   (a) publicly announce all requirements for those services through a request for statement of qualifications, as provided in this part; and     (b) negotiate contracts for design professional services:   (i) on the basis of demonstrated competence and qualification for the type of services required; and     (ii) at fair and reasonable prices.         (2) A procurement unit shall procure design professional services as provided in this part, except as otherwise provided in Sections 63G-6a-506, 63G-6a-802, and 63G-6a-803.     (3) A procurement unit may procure professional services, other than design professional services, as provided in this part.     (4) This part does not affect the authority of, and does not apply to procedures undertaken by, a procurement unit to obtain the services of architects or engineers in the capacity of employees of the procurement unit.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1502.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1502.5 - Request for statement of qualifications.

 Effective 5/12/2015  63G-6a-1502.5. Request for statement of qualifications.    (1) A procurement unit may establish criteria in a request for statement of qualifications by which the qualifications of a design professional, as set forth in a statement of qualifications, will be evaluated, including:   (a) the design professional's work history and experience;     (b) performance ratings earned by the design professional or references for similar work;     (c) any quality assurance or quality control plan;     (d) the quality of the design professional's past work product;     (e) the time, manner of delivery, and schedule of delivery of the design professional services;     (f) the design professional's financial solvency;     (g) any management plan, including key personnel and subconsultants for the project; and     (h) other project specific criteria that the procurement unit establishes.       (2) A request for statement of qualifications may not include a request for a price or a cost component for the design professional services.    Enacted by Chapter 218, 2015 General Session
UT Code § 63G-6a-1503 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1503 - Evaluation committee for design professional services.

 Effective 5/12/2015  63G-6a-1503. Evaluation committee for design professional services.    (1) In the procurement of design professional services, the procurement officer or the head of an issuing procurement unit shall encourage design professionals engaged in the lawful practice of their profession to submit a statement of qualifications.     (2)   (a) The director of the Division of Facilities Construction and Management shall appoint an evaluation committee for design professional services procurements under its authority.     (b) A conducting procurement unit, other than the Division of Facilities Construction and Management, shall appoint an evaluation committee for design professional services procurements under the authority of that procurement unit.       (3)   (a) An evaluation committee appointed under Subsection (2) shall consist of at least three members.     (b) A procurement unit appointing an evaluation committee under this section shall ensure that each member of the evaluation committee:   (i) does not have a conflict of interest with any of the design professionals under consideration;     (ii) can fairly evaluate each statement of qualifications;     (iii) does not contact or communicate with any of the design professionals under consideration concerning the request for statement of qualifications outside the official evaluation committee process, beginning the date that the request for statement of qualifications is issued until the selection of the design professional has been made; and     (iv) conducts the evaluation in a manner that ensures a fair and competitive process and avoids the appearance of impropriety.         (4) An evaluation committee appointed under this section shall:   (a) evaluate current statements of qualifications and performance data on file with the procurement unit, together with those that may be submitted by other design professionals in response to the announcement of a proposed contract;     (b) consider no fewer than three design professionals; and     (c) based upon criteria established and published by the conducting procurement unit, select no fewer than three of the design professionals considered to be the most highly qualified to provide the services required.      Amended by Chapter 218, 2015 General Session
UT Code § 63G-6a-1503.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1503.5 - Evaluation of statements of qualifications.

 Effective 5/12/2020  63G-6a-1503.5. Evaluation of statements of qualifications.    (1) An evaluation committee appointed under Section 63G-6a-1503 shall evaluate and score each responsive statement of qualifications that has not been eliminated from consideration under this chapter, using the criteria described in the request for statement of qualifications.     (2) Criteria not described in the request for statement of qualifications may not be used to evaluate a statement of qualifications.     (3) An evaluation committee may enter into discussions or conduct interviews with, or attend presentations by, the design professionals whose statements of qualifications are under consideration.     (4) An evaluation committee shall rank the top three highest scoring design professionals, in order of their scores, for the purpose of entering into fee negotiations as provided in Section 63G-6a-1505.     (5) If fewer than three responsible design professionals submit statements of qualifications that are determined to be responsive, the procurement official shall issue a written determination explaining why it is in the best interest of the procurement unit to continue the fee negotiation and the contracting process with less than three design professionals.     (6)   (a) The deliberations of an evaluation committee may be held in private.     (b) If the evaluation committee is a public body, as defined in Section 52-4-103, the evaluation committee shall comply with Section 52-4-205 in closing a meeting for its deliberations.      Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1504 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1504 - Selection as part of design-build or lease.

 Effective 5/12/2015  63G-6a-1504. Selection as part of design-build or lease.  Notwithstanding any other provision of this chapter, design professional services may be procured under Title 63A, Chapter 5b, Administration of State Facilities, 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, if the qualifications of those providing the design professional services are part of the consideration in the selection process. Amended by Chapter 218, 2015 General Session
UT Code § 63G-6a-1505 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1505 - Determination of compensation for design professional services.

 Effective 5/12/2015  63G-6a-1505. Determination of compensation for design professional services.    (1) The procurement officer shall award a contract to the qualified design professional whose statement of qualifications was awarded the highest score under Subsection 63G-6a-1503(4) by the evaluation committee, at compensation that the procurement officer determines, in writing, to be fair and reasonable to the procurement unit.     (2) In making the determination described in Subsection (1), the procurement officer shall take into account:   (a) the estimated value, scope, and professional nature of the services; and     (b) the complexity of the project or services.       (3) If the procurement officer is unable to agree to a satisfactory contract with the highest scoring design professional, at a price the procurement officer determines to be fair and reasonable to the procurement unit, the procurement officer shall:   (a) formally terminate discussions with that design professional; and     (b) undertake discussions with the second highest scoring, qualified design professional.       (4) If the procurement officer is unable to agree to a satisfactory contract with the second highest scoring design professional, at a price the procurement officer determines to be fair and reasonable to the procurement unit, the procurement officer shall:   (a) formally terminate discussions with that design professional; and     (b) undertake discussions with the third highest scoring, qualified design professional.       (5) If the procurement officer is unable to award a contract at a fair and reasonable price to any of the highest scoring design professionals, the procurement officer shall:   (a) select additional design professionals; and     (b) continue discussions in accordance with this part until an agreement is reached.      Amended by Chapter 218, 2015 General Session
UT Code § 63G-6a-1506 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 15 - Design Professional Services|Section 1506 - Restrictions on procurement of design professional services.

 Effective 5/12/2020  63G-6a-1506. Restrictions on procurement of design professional services.    (1) Except as provided in Subsection (2), if the division or an independent procurement unit, in accordance with Section 63G-6a-1502, issues a request for statement of qualifications to procure design professional services and provides public notice of the request for statement of qualifications:   (a) a public entity inside or outside the state may not submit a proposal in response to the procurement unit's request for statement of qualifications; and     (b) the procurement unit may not award a contract to a public entity inside or outside the state to perform the design professional services solicited in the request for statement of qualifications.       (2) Subsection (1) does not apply when the procurement unit is procuring design professional services for contracts related to research activities and technology transfer.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-1601 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 16 - Protests|Section 1601 - Title.

 Effective 3/28/2016  63G-6a-1601. Title.  This part is known as " Protests." Amended by Chapter 355, 2016 General Session
UT Code § 63G-6a-1601.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 16 - Protests|Section 1601.5 - Definitions.

 Effective 5/9/2017  63G-6a-1601.5. Definitions.  As used in this part:   (1) "Constructive knowledge":   (a) means knowledge or information that a protestor would have if the protestor had exercised reasonable care or diligence, regardless of whether the protestor actually has the knowledge or information; and     (b) includes knowledge of:   (i) applicable provisions of this chapter and other law and administrative rule;     (ii) instructions, criteria, deadlines, and requirements contained in the solicitation or in other documents made available to persons interested in the solicitation or provided in a mandatory pre-solicitation meeting;     (iii) relevant facts and evidence supporting the protest or leading the protestor to contend that the protestor has been aggrieved in connection with a procurement;     (iv) communications or actions, pertaining to the procurement, of all persons within the protestor's organization or under the supervision of the protestor; and     (v) any other applicable information discoverable by the exercise of reasonable care or diligence.         (2) "Hearing" means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both.     (3) "Protest appeal record" means:   (a) a copy of the protest officer's written decision;     (b) all documentation and other evidence the protest officer relied upon in reaching the protest officer's decision;     (c) the recording of the hearing, if the protest officer held a hearing;     (d) a copy of the protestor's written protest; and     (e) all documentation and other evidence submitted by the protestor supporting the protest or the protestor's claim of standing.       (4) "Protestor" means a person who files a protest under this part.     (5) "Standing" means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:   (a) the cause of the injury or harm is:   (i) an infringement of the protestor's own right and not the right of another person who is not a party to the procurement;     (ii) reasonably connected to the procurement unit's conduct; and     (iii) the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;       (b) a decision on the protest in favor of the protestor:   (i) is likely to redress the injury or harm; and     (ii) would give the protestor a reasonable likelihood of being awarded a contract; and       (c) the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest.      Amended by Chapter 348, 2017 General Session
UT Code § 63G-6a-1701 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 17 - Procurement Appeals Board|Section 1701 - Title.

63G-6a-1701. Title.  This part is known as "Procurement Appeals Board."  Enacted by Chapter 347, 2012 General Session
UT Code § 63G-6a-1701.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 17 - Procurement Appeals Board|Section 1701.5 - Definitions.

 Effective 5/9/2017  63G-6a-1701.5. Definitions.  As used in this part:   (1) "Appointing officer" means:   (a) the chair of the board; or     (b) a designee of the chair who is not employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor's protest.       (2) "Protest appeal record" means the same as that term is defined in Section 63G-6a-1601.5.     (3) "Protestor" means the same as that term is defined in Section 63G-6a-1601.5.    Enacted by Chapter 348, 2017 General Session
UT Code § 63G-6a-1704 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 17 - Procurement Appeals Board|Section 1704 - Discontinued appeal with prejudice, except as authorized.

63G-6a-1704. Discontinued appeal with prejudice, except as authorized.  After notice of an appeal to the board is filed under Section 63G-6a-1702, no party may discontinue the appeal without prejudice, except as authorized by the procurement appeals panel appointed for the appeal.  Amended by Chapter 445, 2013 General Session
UT Code § 63G-6a-1705 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 17 - Procurement Appeals Board|Section 1705 - Factual determination of procurement appeals panel final and conclusive.

63G-6a-1705. Factual determination of procurement appeals panel final and conclusive.  A determination of an issue of fact by a procurement appeals panel may not be overturned on appeal, unless the determination is arbitrary and capricious or clearly erroneous.  Amended by Chapter 91, 2012 General SessionRenumbered and Amended by Chapter 347, 2012 General SessionAmended by Chapter 347, 2012 General Session, (Coordination Clause)
UT Code § 63G-6a-1801 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 18 - Appeals to Court and Court Proceedings|Section 1801 - Title.

63G-6a-1801. Title.  This part is known as "Appeals to Court and Court Proceedings."  Enacted by Chapter 347, 2012 General Session
UT Code § 63G-6a-1802 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 18 - Appeals to Court and Court Proceedings|Section 1802 - Appeal to Utah Court of Appeals.

 Effective 5/9/2017  63G-6a-1802. Appeal to Utah Court of Appeals.    (1)   (a) As provided in this part:   (i) a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A);     (ii) a person who receives an adverse decision by a procurement appeals panel may appeal that decision;     (iii) subject to Subsection (2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and     (iv) a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.       (b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.       (2) A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:   (a) recommended by the protest officer involved; and     (b) except for a procurement unit that is not represented by the attorney general's office, approved by the attorney general.       (3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.     (4) The Utah Court of Appeals:   (a) shall consider the appeal as an appellate court;     (b) may not hear the matter as a trial de novo; and     (c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.       (5) The Utah Court of Appeals is encouraged to:   (a) give an appeal made under this section priority; and     (b) consider the appeal and render a decision in an expeditious manner.      Amended by Chapter 348, 2017 General Session
UT Code § 63G-6a-1901 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 19 - General Provisions Related to Protest or Appeal|Section 1901 - Title.

63G-6a-1901. Title.  This part is known as "General Provisions Related to Protest or Appeal."  Enacted by Chapter 347, 2012 General Session
UT Code § 63G-6a-1902 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 19 - General Provisions Related to Protest or Appeal|Section 1902 - Limitation on challenges -- Compliance with federal law.

 Effective 3/29/2014  63G-6a-1902. Limitation on challenges -- Compliance with federal law.    (1) A person may not challenge a procurement, a procurement process, the award of a contract relating to a procurement, a debarment, or a suspension, in a court, before an administrative officer or body, or in any other forum other than the forum permitted in this chapter.     (2) A person who desires to challenge a procurement, a procurement process, the award of a contract relating to a procurement, a debarment, or a suspension, shall bring the challenge, in accordance with the requirements of this chapter.     (3) In hearing a protest or an appeal under this chapter relating to an expenditure of federal assistance, federal contract funds, or a federal grant, the person who hears the appeal shall ensure compliance with federal law and regulations relating to the expenditure.    Amended by Chapter 196, 2014 General Session
UT Code § 63G-6a-1903 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 19 - General Provisions Related to Protest or Appeal|Section 1903 - Effect of timely protest or appeal.

 Effective 5/12/2020  63G-6a-1903. Effect of timely protest or appeal.  A procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may not proceed further with a solicitation or with the award of a contract:  (1) during the pendency of a timely:   (a) protest under Section 63G-6a-1602;     (b) appeal of a protest under Section 63G-6a-1702; or     (c) appeal of a procurement appeals panel decision under Section 63G-6a-1802; and       (2) until:   (a) all administrative and judicial remedies are exhausted;     (b) for a protest under Section 63G-6a-1602 or an appeal under Section 63G-6a-1702:   (i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;     (ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or     (iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or       (c) for an appeal under Section 63G-6a-1802, or an appeal to a higher court than district court:   (i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;     (ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or     (iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is necessary to protect the best interest of the procurement unit or the state.        Amended by Chapter 257, 2020 General Session