Title 63G, Title 63G: General Government

63G-6a-1205. Regulation of contract types -- Permitted and prohibited contract types. (1) Except as otherwise provided in this section, and subject to rules made under this section by the rulemaking authority, a procurement unit may use any type of contract that will promote the …

63G-6a-1206. Rules to determine allowable incurred costs -- Required information. (1) 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. The…

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) is limited to the books and …

63G-6a-1206.5. Change in contract price. (1) As used in this section, "contract price": means the price under an existing contract between a procurement unit and a contractor; and does not include a proposed price or cost contained in a solicitation response or any other bid, pro…

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: the fiscal officer of…

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: the use of installment p…

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 pr…

63G-6a-121. Specific procurement restrictions relating to forced labor and restricted foreign entities. (1) As used in this section: "Forced labor" means labor from a child or an adult that is obtained through the use of force or coercion. "Forced labor product" means a product t…

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.

63G-6a-1301. Title. This part is known as "General Construction Provisions."

63G-6a-1302. Alternative methods of construction contracting management. (1) A rulemaking authority shall, by rule provide as many alternative methods of construction contracting management as determined to be feasible. (2) The rules described in Subsectionshall: (1) grant to the…

63G-6a-1303. Drug and alcohol testing required for state construction contracts. (1) As used in this section: "Contractor" means a person who is or may be awarded a state construction contract. "Covered individual" means an individual who: on behalf of a contractor or subcontract…

63G-6a-1401. Title. This part is known as "Transportation Contracts."

63G-6a-1402. Procurement of design-build transportation project contracts. (1) As used in this section: "Design-build transportation project contract" means the procurement of both the design and construction of a transportation project in a single contract with a company or comb…

63G-6a-1403. Procurement of tollway development agreements. (1) As used in this section, "tollway development agreement" means the same as that term is defined in Section. 72-6-202 (2) The Department of Transportation and the Transportation Commission: may solicit a tollway devel…

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: publicly announce all requirements for those services through a request for statement of qualifications, as provided in t…

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: th…

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 Sectionshall evaluate and score each responsive statement of qualifications that has not been eliminated from consideration under this chapter, using the criteria described in t…

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, as part of the services obtained in a design-build contract or as part of the services obtained in a lease contract fo…

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 Subsectionby the evaluation committee, at com…

63G-6a-1506. Restrictions on procurement of design professional services. (1) Except as provided in Subsection, if the division or an independent procurement unit, in accordance with Section, issues a request for statement of qualifications to procure design professional services…

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

63G-6a-1601.5. Definitions. As used in this part: (1) "Constructive knowledge": 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; a…

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: has standing; and is aggrieved in connection with a procurement or an award of a contract. (2) A protest may not be fi…

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: the chair of the board; or 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'…

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

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 Sectionshall, before the expiration of the time provided under Subsectionfor filing a notice of app…

63G-6a-1704. Discontinued appeal with prejudice, except as authorized. After notice of an appeal to the board is filed under Section, 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) As provided in this part: a person may appeal a dismissal of an appeal by the board chair under Subsection; 63G-6a-1702(5)(b)(ii)(A) a person who receives an adverse decision by a procurement appeals panel may appeal that decision…

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, determinations by employees, agents, or other persons appointed by the procurement unit shall be final and conclusive only as provided in Sections,, and.

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: if the person awarded the contract did no…

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…