53B-16-104. Restrictions on higher education entities bidding on architect or engineering services in public procurement projects.
| (1) |
As used in this section:
Terms Used In Utah Code 53B-16-104- Contract: A legal written agreement that becomes binding when signed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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) |
“Architect-engineer services” means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102. |
| (b) |
“Government entity” means a state agency, an institution of higher education, a county, a municipality, a local school district, a special district, or a special service district. |
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| (2) |
When a government entity elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process:
| (a) |
a higher education entity, or any part of one, may not submit a proposal in response to the government entity’s competitive procurement process; and |
| (b) |
the government entity may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one. |
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| (3) |
| (a) |
Subject to the prohibition contained in Subsection (3)(b), an employee of a higher education entity may, in a private capacity, submit a proposal in response to the competitive procurement process. |
| (b) |
An employee of a higher education entity may not use any supplies, materials, or other resources owned by, or any persons matriculating at, attending, or employed by, the higher education entity in:
| (i) |
preparing a response to the competitive procurement process; or |
| (ii) |
completing any work, assignment, or contract awarded to the employee resulting from that competitive procurement process. |
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Amended by Chapter 16, 2023 General Session
