2016 Utah Code
Title 63G - General Government
Chapter 10 - State Settlement Agreements Act
Part 4 - Department of Transportation Settlement Agreements
Section 403 - Department of Transportation bid or request for proposals protest settlement agreement approval and review.

Effective 3/28/2016
63G-10-403. Department of Transportation bid or request for proposals protest settlement agreement approval and review.

• (1) As used in this section:
  • (a) "Department" means the Department of Transportation created in Section 72-1-201.
  • (b) "Settlement agreement" includes stipulations, consent decrees, settlement agreements, or other legally binding documents or representations resolving a dispute between the department and another party when the department is required to pay money or required to take legally binding action.

• (2) The department shall obtain the approval of the Transportation Commission or the governor or review by the Legislative Management Committee of a settlement agreement that involves a bid or request for proposal protest in accordance with this section.

• (3) A settlement agreement that is being settled by the department as part of a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(7), that might cost government entities more than $100,000 to implement shall be presented to the Transportation Commission for approval or rejection.

• (4) A settlement agreement that is being settled by the department as part of a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(7), that might cost government entities more than $500,000 to implement shall be presented:
  • (a) to the Transportation Commission for approval or rejection; and
  • (b) to the governor for approval or rejection.

• (5)
  • (a) A settlement agreement that is being settled by the department as part of a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(7), that might cost government entities more than $1,000,000 to implement shall be presented:
    • (i) to the Transportation Commission for approval or rejection;
    • (ii) to the governor for approval or rejection; and
    • (iii) if the settlement agreement is approved by the Transportation Commission and the governor, to the Legislative Management Committee.
  • (b) The Legislative Management Committee may recommend approval or rejection of the settlement agreement.

• (6)
  • (a) The department may not enter into a settlement agreement that resolves a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(7), that might cost government entities more than $100,000 to implement until the Transportation Commission has approved the agreement.
  • (b) The department may not enter into a settlement agreement that resolves a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(7), that might cost government entities more than $500,000 to implement until the Transportation Commission and the governor have approved the agreement.
  • (c) The department may not enter into a settlement agreement that resolves a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(7), that might cost government entities more than $1,000,000 to implement until:
    • (i) the Transportation Commission has approved the agreement;
    • (ii) the governor has approved the agreement; and
    • (iii) the Legislative Management Committee has reviewed the agreement.

Amended by Chapter 355, 2016 General Session