2012 Utah Code
Title 63C - State Commissions and Councils Code
Article 13 - Prison Relocation and Development Authority Act
Section 104.7 - Request for proposals process.

(1) The authority shall hold its first meeting to initiate the process of formulating a request for proposals no later than June 15, 2013.

(2) (a) In a request for proposals under Subsection 63C-13-104.3(1)(b), the authority shall request offerors to include a proposed conceptual plan.

(b) A conceptual plan included in a proposal may incorporate some or all of the features of a general plan described in Title 10, Chapter 9a, Part 4, General Plan.

(c) A proposed conceptual plan included in a proposal submitted under this part is a public record.

(3) A proposal submitted in response to a request for proposals under Subsection 63C-13-104.3(1)(b) shall identify and quantify sources of funds that the proposal relies on for its financial feasibility, including identifying and quantifying which of the following possible sources of funds the proposal relies on:

(a) money derived from the sale of the current prison land;

(b) savings realized from funds that had been intended for maintenance and upkeep of the current prison but that will not be spent on the current prison due to the construction of a new prison;

(c) the amount of future construction costs anticipated to be spent for prison facilities but that will not be spent due to the construction of a new prison;

(d) reductions in future years' budgets of the Department of Corrections that equal the savings realized due to greater efficiencies in the operation of a new prison over the anticipated cost of operating the current prison;

(e) proceeds from the issuance of bonds;

(f) legislative appropriations;

(g) financing provided by the developer; and

(h) any other source of funds that the offeror proposes to be made available in order to implement the new prison development project, current prison land development project, or master development project.

(4) (a) In issuing a request for proposals under Subsection 63C-13-104.3(1)(b), the authority shall request persons submitting proposals to:

(i) specify and quantify which sources of funds the proposal relies on for its financial feasibility;

(ii) identify any changes in state law the offeror recommends be made in order to facilitate the implementation of the new prison development project, current prison land development project, or master development project; and

(iii) comply with all other requirements of the request for proposals.

(b) Recommended changes to state law that a proposal identifies under Subsection (4)(a)(ii) are for informational purposes only, and the authority may not give more or less weight to a proposal based on any recommended changes it contains or does not contain.

(5) A contract may not be awarded for a new prison development project, current prison land development project, or master development project unless the governor and Legislature indicate their approval, through the adoption of a concurrent resolution or other legislation indicating approval of the feasibility, overall cost, cost-effectiveness, and concepts involved in the new prison development project, current prison land development project, or master development project, as set forth in the recommended proposal or combination of proposals.

(6) The current prison land may not be sold, exchanged, leased, or made subject to an option without the prior approval of the Legislature and governor.

Enacted by Chapter 228, 2013 General Session

Enacted by Chapter 228, 2013 General Session