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 professional services and provides public notice of the request for statement of qualifications:

Terms Used In Utah Code 63G-6a-1506

  • 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
  • Design professional services: means :
    (a) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;
    (b) professional engineering as defined in Section 58-22-102;
    (c) master planning and programming services; or
    (d) services within the scope of the practice of commercial interior design, as defined in Section 58-86-102. See Utah Code 63G-6a-103
  • Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
  • Independent procurement unit: means :
    (a) 
    (i) a legislative procurement unit;
    (ii) a judicial branch procurement unit;
    (iii) an educational procurement unit;
    (iv) a local government procurement unit;
    (v) a conservation district;
    (vi) a local building authority;
    (vii) a special district;
    (viii) a public corporation;
    (ix) a special service district; or
    (x) the Utah Communications Authority, established in Section 63H-7a-201;
    (b) the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities;
    (c) the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General;
    (d) the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code; or
    (e) any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103
  • Procure: means to acquire a procurement item through a procurement. 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
  • Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103
  • Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103
  • 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
  • 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
  • Technology: means the same as "information technology" as defined in Section 63A-16-102. See Utah Code 63G-6a-103
  • (a)  a public entity inside or outside the state may not submit a proposal in response to the procurement unit’s request for statement of qualifications; and

    (b)  the procurement unit may not award a contract to a public entity inside or outside the state to perform the design professional services solicited in the request for statement of qualifications.
  • (2)  Subsection (1) does not apply when the procurement unit is procuring design professional services for contracts related to research activities and technology transfer.

    Amended by Chapter 257, 2020 General Session