2012 Utah Code
Title 11 - Cities, Counties, and Local Taxing Units
Article 39 - Building Improvements and Public Works Projects
Section 107 - Procurement code.

(1) This chapter may not be construed to:

(a) prohibit a county or municipal legislative body from adopting the procedures of the procurement code; or

(b) limit the application of the procurement code to a local district or special service district.

(2) A local entity may adopt procedures for the following construction contracting methods:

(a) construction manager/general contractor, as defined in Section 63G-6a-103; or

(b) a method that requires that the local entity draft a plan, specifications, and an estimate for the building improvement or public works project.

(3) For a public works project only and that costs $1,000,000 or more, in consultation with a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, who has design-build experience and is employed by or is under contract with the owner, the following may enter into a contract for design-build, as defined in Section 63G-6a-103, and adopt the procedures and follow the provisions of the procurement code for the procurement of and as the procedures and provisions relate to a design-build:

(a) a city of the first class;

(b) a local district; or

(c) a special service district.

(4) (a) In seeking bids and awarding a contract for a building improvement or public works project, a county or a municipal legislative body may elect to follow the provisions of the procurement code, as the county or municipal legislative body considers appropriate under the circumstances, for specification preparation, source selection, or contract formation.

(b) A county or municipal legislative body's election to adopt the procedures of the procurement code may not excuse the county or municipality, respectively, from complying with the requirements to award a contract for work in excess of the bid limit and to publish notice of the intent to award.

(c) An election under Subsection (4)(a) may be made on a case-by-case basis, unless the county or municipality has previously adopted the provisions of Title 63G, Chapter 6a, Utah Procurement Code.

(d) The county or municipal legislative body shall:

(i) make each election under Subsection (4)(a) in an open meeting; and

(ii) specify in its action the portions of the procurement code to be followed.

(5) If the estimated cost of the building improvement or public works project proposed by a local district or special service district exceeds the bid limit, the governing body of the local district or special service district may, if it determines to proceed with the building improvement or public works project, use the competitive procurement procedures of the procurement code in place of the comparable provisions of this chapter.

Amended by Chapter 448, 2013 General Session