Utah Code 63G-6a-1505. Determination of compensation for design professional services
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(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 :(24)(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act;(24)(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;(24)(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing Act, to engage in the practice of landscape architecture, as defined in Section
58-53-102 ; or(24)(d) 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 :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) In making the determination described in Subsection (1), the procurement officer shall take into account:(2)(a) the estimated value, scope, and professional nature of the services; and(2)(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:(3)(a) formally terminate discussions with that design professional; and(3)(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:(4)(a) formally terminate discussions with that design professional; and(4)(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:(5)(a) select additional design professionals; and(5)(b) continue discussions in accordance with this part until an agreement is reached.