reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 8 - Exceptions to Procurement Requirements › Section 802 - Award of contract without engaging in a standard procurement process -- Notice -- Duty to negotiate contract terms in best interest of procurement unit.

Effective 5/5/2021
63G-6a-802.
Award of contract without engaging in a standard procurement process -- Notice -- Duty to negotiate contract terms in best interest of procurement unit.
(1) A procurement unit may award a contract for a procurement item without engaging in a standard procurement process if the procurement official determines in writing that:
(a) there is only one source for the procurement item;
(b)
(i) transitional costs are a significant consideration in selecting a procurement item; and
(ii) the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit;
(c) the award of a contract is under circumstances, described in rules adopted by the rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit; or
(d) the procurement item is intended to be used for, or in connection with the establishment of, a state store, as defined in Section 32B-1-102.
(2) Transitional costs associated with a trial use or testing of a procurement item under a trial use contract awarded under Section 63G-6a-802.3 may not be included in a consideration of transitional costs under Subsection (1)(b).
(3)
(a) Subject to Subsection (3)(b), a rulemaking authority shall make rules regarding the publication of notice for a procurement under this section that, at a minimum, require publication of notice of the procurement, in accordance with Section 63G-6a-112, if the cost of the procurement exceeds $50,000.
(b) Publication of notice under Section 63G-6a-112 is not required for:
(i) the procurement of public utility services pursuant to a sole source contract; or
(ii) other procurements under this section for which an applicable rule provides that notice is not required.
(4) A procurement official who awards a contract under this section shall negotiate with the contractor to ensure that the terms of the contract, including price and delivery, are in the best interest of the procurement unit.
Amended by Chapter 406, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 8 - Exceptions to Procurement Requirements › Section 802.3 - Trial use contracts.

Effective 5/12/2020
63G-6a-802.3.
Trial use contracts.
(1) A procurement unit may award a trial use contract without engaging in a standard procurement process if:
(a) the purpose of the contract is to:
(i) determine whether the procurement item will benefit the procurement unit;
(ii) assess the feasibility of a procurement item that:
(A) is new or innovative; or
(B) has a proposed use or application that is novel or unproven; or
(iii) evaluate whether to conduct a standard procurement process for the procurement item being tested; and
(b) the contract is:
(i) awarded for a procurement item that is not already available to the procurement unit under an existing contract;
(ii) restricted to the procurement of a procurement item in the minimum quantity and for the minimum period of time necessary to test the procurement item;
(iii) the only trial use contract for that procurement unit for the same procurement item; and
(iv) not used to circumvent the purposes and policies of this chapter as set forth in Section 63G-6a-102.
(2) The period of trial use or testing of a procurement item under a trial use contract may not exceed 24 months, unless the procurement official provides a written exception documenting the reason for a longer period.
(3) A trial use contract shall:
(a) state that the contract is strictly for the trial use or testing of a procurement item;
(b) state that the contract terminates upon completion of the trial use or testing period;
(c) state that the procurement unit is not obligated to purchase or enter into a contract for the procurement item, regardless of the trial use or testing result;
(d) state that any purchase of the procurement item that is the subject of the trial use contract will be made in accordance with this chapter; and
(e) include, as applicable:
(i) test schedules;
(ii) deadlines and a termination date;
(iii) measures that will be used to evaluate the performance of the procurement item;
(iv) any fees and associated expenses or an explanation of the circumstances warranting a waiver of those fees and expenses;
(v) the obligations of the procurement unit and vendor;
(vi) provisions regarding the ownership of the procurement item during and after the trial use or testing period;
(vii) an explanation of the grounds upon which the contract may be terminated;
(viii) a provision relating to any required bond or security deposit; and
(ix) other requirements unique to the procurement item for trial use or testing.
(4) Publication of notice under Section 63G-6a-112 is not required for a trial use contract.
(5) A rulemaking authority may make rules pertaining to a trial use contract.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 8 - Exceptions to Procurement Requirements › Section 802.7 - Extension of a contract without engaging in a standard procurement process.

Effective 5/12/2020
63G-6a-802.7.
Extension of a contract without engaging in a standard procurement process.
A procurement official may extend an existing contract without engaging in a standard procurement process:
(1) for a period of time not to exceed 120 days, if:
(a) an extension of the contract is necessary to:
(i) avoid a lapse in a critical government service; or
(ii) to mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property; and
(b)
(i)
(A) the procurement unit is engaged in a standard procurement process for a procurement item that is the subject of the contract being extended; and
(B) the standard procurement process is delayed due to an unintentional error;
(ii) a change in an industry standard requires one or more significant changes to specifications for the procurement item; or
(iii) an extension is necessary:
(A) to prevent the loss of federal funds;
(B) to mitigate the effects of a delay of a state or federal appropriation;
(C) to enable the procurement unit to continue to receive a procurement item during a delay in the implementation of a contract awarded pursuant to a procurement that has already been conducted; or
(D) to enable the procurement unit to continue to receive a procurement item during a period of time during which negotiations with a vendor under a new contract for the procurement item are being conducted;
(2) for the period of a protest, appeal, or court action, if the protest, appeal, or court action is the reason for delaying the award of a new contract; or
(3) for a period of time exceeding 120 days, if, after consulting with the attorney general or the procurement unit's attorney, the procurement official determines in writing that the contract extension does not violate state or federal antitrust laws and is consistent with the purpose of ensuring the fair and equitable treatment of all persons who deal with the procurement system.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 8 - Exceptions to Procurement Requirements › Section 803 - Emergency procurement.

Effective 5/5/2021
63G-6a-803.
Emergency procurement.
(1) As used in this section, "natural disaster" means an event where:
(a) one or more of the following has caused widespread damage:
(i) an explosion;
(ii) fire;
(iii) a flood;
(iv) a storm;
(v) a tornado;
(vi) winds;
(vii) an earthquake;
(viii) lightning; or
(ix) other adverse weather event; and
(b) the president of the United States has declared an emergency or major disaster in the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
(2) Notwithstanding any other provision of this chapter and subject to Subsection (4), a procurement official may authorize a procurement unit to engage in an emergency procurement without using a standard procurement process if the procurement is necessary to:
(a) avoid a lapse in a critical government service;
(b) mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property, including a natural disaster; or
(c) protect the legal interests of a public entity.
(3) A procurement unit conducting an emergency procurement under Subsection (2) shall:
(a) ensure that the procurement is made with as much competition as reasonably practicable while:
(i) avoiding a lapse in a critical government service;
(ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or
(iii) protecting the legal interests of a public entity; and
(b) make the following publicly available on the procurement unit's website within 14 days of the emergency procurement:
(i) a written document describing the specific emergency that necessitated the emergency procurement;
(ii) the name of the highest ranking government official that approved the emergency procurement; and
(iii) each written contract related to the emergency procurement.
(4)
(a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract entered into for an emergency procurement under this section may be no longer than 30 days.
(b) The term of a contract entered into for an emergency procurement under this section related to a natural disaster may be no longer than 60 days.
(5)
(a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do not apply to an emergency procurement for legal services.
(b) A person hired through an emergency procurement to provide legal services may not, under the contract entered into through the emergency procurement, hire or otherwise provide remuneration to a consultant for services related to any topic that is not directly related to the legal services for which the person was hired.
(6) The requirements described in Subsection (4) do not apply to an emergency procurement by the Department of Human Services related to the:
(a) placement of a client with a residential service provider; or
(b) provision of medical services for a client.
Amended by Chapter 30, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 8 - Exceptions to Procurement Requirements › Section 806 - Exception for public transit district contracting with a county or municipality.

Effective 5/12/2020
63G-6a-806.
Exception for public transit district contracting with a county or municipality.
A public transit district, organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act, may, without going through a standard procurement process or another exception to a standard procurement process described in this part:
(1) contract with a county or municipality to receive money from the county or municipality; and
(2) use the money described in Subsection (1) to fund a transportation project or a transit-related program in accordance with rules made by the rulemaking authority.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 9 - Cancellations, Rejections, and Debarment › Section 902 - Cancellation and rejection of bids and proposals.

Effective 5/12/2020
63G-6a-902.
Cancellation and rejection of bids and proposals.
(1) An issuing procurement unit may cancel an invitation for bids, a request for proposals, or other solicitation or reject any or all bids or proposal responses, in whole or in part, as may be specified in the solicitation, when it is in the best interests of the procurement unit in accordance with the rules of the rulemaking authority.
(2) The reasons for a cancellation or rejection described in Subsection (1) shall be made part of the contract file.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 9 - Cancellations, Rejections, and Debarment › Section 903 - Determination of nonresponsibility.

Effective 5/12/2020
63G-6a-903.
Determination of nonresponsibility.
(1) A determination of nonresponsibility of a person made by an issuing procurement unit shall be made in writing, in accordance with the rules of the rulemaking authority.
(2) A person's unreasonable failure 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 person.
(3) Subject to Title 63G, Chapter 2, Government Records Access and Management Act, information furnished by a person pursuant to this section may not be disclosed outside of a procurement unit without the person's prior written consent.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 9 - Cancellations, Rejections, and Debarment › Section 905 - Quote, bid, offer, or contract prohibited by person with outstanding tax lien -- Exceptions -- Rejection of quote, bid, or offer.

63G-6a-905.
Quote, bid, offer, or contract prohibited by person with outstanding tax lien -- Exceptions -- Rejection of quote, bid, or offer.
(1) Except as provided in Subsection (2), a person with an outstanding tax lien in the state may not:
(a) submit a quote, bid, or offer to a procurement unit; or
(b) contract to provide a procurement item to a procurement unit.
(2) Subsection (1) does not apply to the extent that a procurement officer determines it is in the public interest to grant an exception to the requirements of Subsection (1) for a particular quote, bid, offer, or contract specified by the procurement officer.
(3) A procurement unit may reject a quote, bid, or offer submitted in violation of Subsection (1).
Enacted by Chapter 445, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 10 - Preferences › Section 1002 - Reciprocal preference for providers of state products.

Effective 5/12/2020
63G-6a-1002.
Reciprocal preference for providers of state products.
(1)
(a) An issuing procurement unit shall, for all procurements, give a reciprocal preference to those bidders offering procurement items that are produced, manufactured, mined, grown, or performed in Utah over those bidders offering procurement items that are produced, manufactured, mined, grown, or performed in any state that gives or requires a preference to procurement items that are 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 procurement item.
(c) In order to receive a reciprocal preference under this section, the bidder shall certify on the bid that the procurement items offered are produced, manufactured, mined, grown, or performed in Utah.
(d) The reciprocal preference is waived if the certification described in Subsection (1)(c) does not appear on the bid.
(2)
(a) If the responsible bidder submitting the lowest responsive bid offers procurement items that are produced, manufactured, mined, grown, or performed in a state that gives or requires a preference, and if another responsible bidder has submitted a responsive bid offering procurement items that are produced, manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocal preference, the bid of the other bidder is equal to or less than the original lowest bid, the issuing procurement unit shall:
(i) give notice to the bidder offering procurement items that are produced, manufactured, mined, grown, or performed in Utah that the bidder qualifies as a preferred bidder; and
(ii) make the purchase from the preferred bidder if the bidder agrees, in writing, to meet the low bid within 72 hours after notification that the bidder is a preferred bidder.
(b) The issuing procurement unit shall include the exact price submitted by the lowest bidder in the notice the issuing procurement unit submits to the preferred bidder.
(c) The issuing procurement unit 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 issuing procurement unit 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 issuing procurement unit shall comply with the rules of the rulemaking authority 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.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 10 - Preferences › Section 1003 - Preference for resident contractors.

Effective 5/12/2020
63G-6a-1003.
Preference for resident contractors.
(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, an issuing procurement unit shall grant a resident contractor a reciprocal preference over 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) In order to receive the reciprocal preference under this section, the bidder shall certify on the bid that the bidder qualifies as a resident contractor.
(b) The reciprocal preference is waived if the certification described in Subsection (2)(a) does not appear on the bid.
(4)
(a) If the responsible contractor submitting the lowest responsive bid is not a resident contractor whose principal place of business is in a state that gives or requires a preference to contractors from that state, and if a resident responsible contractor has also submitted a responsive 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 issuing procurement unit shall:
(i) give notice to the resident contractor that the resident contractor qualifies as a preferred resident contractor; and
(ii) issue the contract to the resident contractor if the resident contractor agrees, in writing, to meet the low bid within 72 hours after notification that the resident contractor is a preferred resident contractor.
(b) The issuing procurement unit shall include the exact price submitted by the lowest bidder in the notice that the issuing procurement unit submits to the preferred resident contractor.
(c) The issuing procurement unit 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 issuing procurement unit 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 issuing procurement unit shall comply with the rules of the rulemaking authority 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.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 10 - Preferences › Section 1004 - Exception for federally funded contracts.

63G-6a-1004.
Exception for federally funded contracts.
This part does not apply to the extent it conflicts with federal requirements relating to a procurement that involves the expenditure of federal assistance, federal contract funds, or federal financial participation funds.
Enacted by Chapter 347, 2012 General Session
2023 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
2023 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
2023 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 Session
Amended by Chapter 330, 2012 General Session
Renumbered and Amended by Chapter 347, 2012 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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