Utah Code 53B-16-104. Restrictions on higher education entities bidding on architect or engineering services in public procurement projects
Current as of: 2024 | Check for updates
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(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
(1)(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.
(1)(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.
(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:
(2)(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
(2)(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.
(3)
(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.
(3)(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:
(3)(b)(i) preparing a response to the competitive procurement process; or
(3)(b)(ii) completing any work, assignment, or contract awarded to the employee resulting from that competitive procurement process.