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.

Terms Used In Utah Code 63G-6a-1505

  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
  • Design professional: means :
(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act;
(b) an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or
(c) an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act. See Utah Code 63G-6a-103
  • Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
  • Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103
  • Writing: includes :Utah Code 68-3-12.5
    • (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

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