Title 63G, General Government

63G-6a-1501. Title. This part is known as "Design Professional Services."

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 …

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…

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 t…

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 d…

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 …

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 c…

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 profe…

63G-6a-1601. Title. This part is known as " Protests."

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 informatio…

63G-6a-1602. Protest -- Time for filing -- Basis of protest -- Authority to resolve protest. (1) A protest may be filed with the protest officer by a person who: (a) has standing; and (b) is aggrieved in connection with a procurement or an award of a contract. (2) A protest may n…

63G-6a-1603. Protest officer responsibilities and authority -- Proceedings on protest -- Effect of decision. (1) After a protest is filed, the protest officer shall determine whether the protest is timely filed and complies fully with the requirements of Section 63G-6a-1602. (2) …

63G-6a-1701. Title. This part is known as "Procurement Appeals Board."

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 pr…

63G-6a-1702. Appeal to Utah State Procurement Policy Board -- Appointment of procurement appeals panel -- Proceedings. (1) Subject to Section 63G-6a-2507, this part applies to all procurement units other than: (a) a legislative procurement unit; (b) a judicial procurement unit; (…

63G-6a-1703. Requirement to pay a security deposit or post a bond -- Exceptions -- Amount -- Forfeiture of security deposit or bond. (1) A person who files a notice of appeal under Section 63G-6a-1702 shall, before the expiration of the time provided under Subsection 63G-6a-1702(…

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.…

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.

63G-6a-1801. Title. This part is known as "Appeals to Court and Court Proceedings."

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 t…

63G-6a-1901. Title. This part is known as "General Provisions Related to Protest or Appeal."

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 …

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 awar…

63G-6a-1904. Costs to or against protestor. (1) If a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, the protestor is entitled to the foll…

63G-6a-1906. Effect of prior determination by agents of procurement unit. In any judicial action under Section 63G-6a-1802, determinations by employees, agents, or other persons appointed by the procurement unit shall be final and conclusive only as provided in Sections 63G-6a-19…

63G-6a-1907. Effect of violation found after award of contract. (1) If after award of a contract it is determined administratively or upon administrative or judicial review that a procurement or award of a contract is in violation of law: (a)(i) if the person awarded the contract…

63G-6a-1909. Affect of violation found prior to award of contract. If, before award of a contract, it is determined administratively or upon administrative or judicial review that a procurement or proposed award of a contract is in violation of law, the procurement or proposed aw…

63G-6a-1910. Interest rates. (1) In controversies between a procurement unit and a contractor under this chapter, interest on amounts ultimately determined to be due to a contractor or the procurement unit are payable at the rate applicable to judgments from the date the claim ar…

63G-6a-1911. Determinations final except when arbitrary and capricious or clearly erroneous. The determinations required under the following provisions are final and conclusive unless they are arbitrary and capricious or clearly erroneous: (1) Section 63G-6a-114; (2) Section 63G-…

63G-6a-2001. Title. This part is known as "Records."

63G-6a-2002. Records -- Retention. (1) All procurement records shall be retained and disposed of in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (2) Written determinations required by this chapter shall be retained in the appropriate officia…

63G-6a-2003. Record of contracts made. A procurement official shall maintain a record of all contracts made under Section 63G-6a-506, 63G-6a-802, or 63G-6a-803, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. The record shall contain each co…

63G-6a-2004. Chief procurement officer's collection of information on procurement items. (1) To the extent possible, the chief procurement officer may collect information concerning the type, cost, quality, and quantity of commonly used procurement items procured or used by procu…

63G-6a-201. Title. This part is known as "Utah State Procurement Policy Board."

63G-6a-202. Creation of Utah State Procurement Policy Board. (1) There is created the Utah State Procurement Policy Board. (2) The board consists of up to 15 members as follows: (a) two representatives of state institutions of higher education, whom the commissioner of higher edu…

63G-6a-203. Powers and duties of board. (1) In addition to making rules in accordance with Section 63G-6a-107.7 and the other provisions of this chapter, the board shall consider and decide matters of policy within the provisions of this chapter, including those referred to it by…

63G-6a-204. Applicability of rules of Utah State Procurement Policy Board and Division of Facilities Construction and Management -- Report to interim committee. (1) Except as provided in Subsection (2), rules made by the board under this chapter shall govern all procurement units…

63G-6a-205. Procurement advisory councils. The chief procurement officer may appoint advisory councils to provide advice regarding any matters within the authority of the chief procurement officer.

63G-6a-2101. Title. This part is known as "Interaction Between Procurement Units."

63G-6a-2102. Agreements between public entities. A public entity may enter into an agreement with one or more other public entities to: (1) sponsor, conduct, or administer a cooperative agreement for: (a) the procurement of a procurement item, in accordance with the requirements …

63G-6a-2103. Purchases between public entities. (1)(a)(i) A public entity may purchase a procurement item from another public entity. (ii) Subsection (1)(a)(i) may not be construed to require a public entity to sell a procurement item to another public entity. (b) As provided in …

63G-6a-2104. Compliance by one procurement unit pursuant to agreement considered compliance by others to agreement. (1) When a procurement unit that administers a cooperative procurement complies with the requirements of this chapter, any procurement unit participating in the pur…

63G-6a-2105. Cooperative procurements -- Contracts with federal government -- Regional solicitations. (1) The chief procurement officer may, in accordance with the requirements of this chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a …

63G-6a-2401. Title. This part is known as "Unlawful Conduct and Penalties."

63G-6a-2402. Definitions. As used in this part: (1) "Contract administration professional": (a) means an individual who: (i) is: (A) directly under contract with a procurement unit; or (B) employed by a person under contract with a procurement unit; and (ii) has responsibility in…

63G-6a-2403. Applicability. (1) This part applies to each public entity. (2) A procurement professional is subject to this part at all times during: (a) the procurement process; and (b) the administration of a contract or grant. (3) A contract administration professional is subje…