(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.

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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.