Utah Code 11-39-103. Requirements for undertaking a building improvement or public works project — Request for bids — Notice — Authority to reject bids
If the estimated cost of the building improvement or public works project exceeds the bid limit, the local entity shall, if it determines to proceed with the building improvement or public works project:
Terms Used In Utah Code 11-39-103
Bid limit: means :
(a)
for a building improvement:
(i)
for the year 2003, $40,000; and
(ii)
for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and
(b)
for a public works project:
(i)
for the year 2003, $125,000; and
(ii)
for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year. See Utah Code 11-39-101
Contract: A legal written agreement that becomes binding when signed.
Design-build project: means a building improvement or public works project for which both the design and construction are provided for in a single contract with a contractor or combination of contractors capable of providing design-build services. See Utah Code 11-39-101
Design-build services: means the engineering, architectural, and other services necessary to formulate and implement a design-build project, including the actual construction of the project. See Utah Code 11-39-101
Governing body: means :
(a)
for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township;
(b)
for a special district, the board of trustees of the special district; and
(c)
for a special service district:
(i)
the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
(ii)
the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101
Local entity: means a county, city, town, metro township, special district, or special service district. See Utah Code 11-39-101
Lowest responsive responsible bidder: means a prime contractor who:
(a)
has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;
(b)
is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;
(c)
has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and
(d)
furnishes a payment and performance bond as required by law. See Utah Code 11-39-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
request bids for completion of the building improvement or public works project by
(i)
providing notice for the local entity, as a class A notice under Section 63G-30-102, except the notice described in Subsection 63G-30-102(1)(c), for at least five days before opening the bids; and
(ii)
at least five days before opening the bids, posting notice on a state website that is:
(A)
owned or managed by or provided under contract with the division; and
(B)
established for the purpose of posting public procurement notices; and
(b)
except as provided in Subsection (3), enter into a contract for the completion of the building improvement or public works project with:
(i)
the lowest responsive responsible bidder; or
(ii)
for a design-build project formulated by a local entity, a responsible bidder that:
(A)
offers design-build services; and
(B)
satisfies the local entity’s criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements for a design-build project.
(2)
(a)
Each notice under Subsection (1)(a) shall indicate that the local entity may reject any or all bids submitted.
(b)
(i)
The cost of a building improvement or public works project may not be divided to avoid:
(A)
exceeding the bid limit; and
(B)
subjecting the local entity to the requirements of this section.
(ii)
Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a building improvement or public works project that would, without dividing, exceed the bid limit if the local entity complies with the requirements of this section with respect to each part of the building improvement or public works project that results from dividing the cost.
(3)
(a)
The local entity may reject any or all bids submitted.
(b)
If the local entity rejects all bids submitted but still intends to undertake the building improvement or public works project, the local entity shall again request bids by following the procedure provided in Subsection (1)(a).
(c)
If, after twice requesting bids by following the procedure provided in Subsection (1)(a), the local entity determines that no satisfactory bid has been submitted, the governing body may undertake the building improvement or public works project as it considers appropriate.
Amended by Chapter 75, 2023 General Session, (Coordination Clause) Amended by Chapter 75, 2023 General Session Amended by Chapter 435, 2023 General Session
