2006 Utah Code - 63-56-501 — Alternative methods of construction contracting management.

     63-56-501.   Alternative methods of construction contracting management.
     (1) (a) Rules shall provide as many alternative methods of construction contracting management as determined to be feasible.
     (b) These rules shall:
     (i) grant to the chief procurement officer or the head of the purchasing agency responsible for carrying out the construction project the discretion to select the appropriate method of construction contracting management for a particular project; and
     (ii) require the procurement officer to execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.
     (c) Before choosing a construction contracting management method, the chief procurement officer or the head of the purchasing agency responsible for carrying out the construction project shall consider the following factors:
     (i) when the project must be ready to be occupied;
     (ii) the type of project;
     (iii) the extent to which the requirements of the procuring agencies and the ways in which they are to be met are known;
     (iv) the location of the project;
     (v) the size, scope, complexity, and economics of the project;
     (vi) the source of funding and any resulting constraints necessitated by the funding source;
     (vii) the availability, qualification, and experience of state personnel to be assigned to the project and how much time the state personnel can devote to the project; and
     (viii) the availability, qualifications, and experience of outside consultants and contractors to complete the project under the various methods being considered.
     (2) (a) Rules adopted by state public procurement units and local public procurement units to implement this section may authorize the use of a Construction Manager/General Contractor as one method of construction contracting management.
     (b) Those rules shall require that:
     (i) the Construction Manager/General Contractor shall be selected using one of the source selection methods provided for in Part 4, Source Selections and Contract Formation, and Section 63-56-502; and
     (ii) when entering into any subcontract that was not specifically included in the Construction Manager/General Contractor's cost proposal submitted under the requirements of Subsection (2)(b)(i), the Construction Manager/General Contractor shall procure that subcontractor by using one of the source selection methods provided for in Part 4, Source Selections and Contract Formation, in the same manner as if the subcontract work was procured directly by the state.
     (3) Procurement rules adopted by the State Building Board under Subsection (1) for state building construction projects may authorize the use of a design-build provider as one method of construction contracting management.

Renumbered and Amended by Chapter 25, 2005 General Session