1. (1)(a) To procure a CMGC or PDB project, the department shall issue a solicitation with an accompanying RFP or RFQ.

   1. (b) For the RFP or RFQ described in Subsection (1)(a), the department:

      1. (i) shall require each proposer to submit a technical proposal as part of the proposer's submission;
   2. (c) may require that each proposer meet a minimum mandatory level of technical competence;
   3. (d) may require each proposer to include a price component as part of the proposer's submission; and
   4. (e) shall describe the evaluation criteria and the basis the department will use to select a proposal.

2. (2)(a) The department may only consider the evaluation criteria and selection factors that are specified in the RFP or RFQ when selecting a proposal.

   1. (b) The department may only select a proposal by using one of the following approaches:

      1. (i) selecting the responsible proposer whose proposal is evaluated as providing the best value to the department;
      2. (ii) selecting the responsible proposer whose proposal is evaluated as representing the most qualified proposer; or
      3. (iii) selecting the responsible proposer based on an alternative approach that complies with the requirements of the Utah Procurement Code and is approved by the executive director.

3. (3) The CMGC and PDB delivery methods may consist of multiple contract phases, including any of the following:

   1. (a) preconstruction or design services, which may include:

      1. (i) value engineering;
      2. (ii) cost estimating and conceptual estimating;
      3. (iii) constructability reviews;
      4. (iv) project scheduling; and
      5. (v) maintenance of traffic plans;

   2. (b) for CMGC projects only:

      1. (i) the department may award construction services after the project plans have been sufficiently developed, and the construction price has been validated and accepted by the department;
      2. (ii) if a price is not validated and accepted by the department, the department may not award the design-build phase of the contract; and
      3. (iii) the department may award incremental construction contracts as individual components of the work are validated and accepted by the department; and

   3. (c) for PDB projects only:

      1. (i) the department may award design-build services after the price for such services has been successfully validated and accepted by the department;
      2. (ii) if a price is not validated and accepted by the department, the department may not award the design-build phase of the contract;
      3. (iii) the department may award incremental contracts as prices for individual components are validated and accepted by the department; and
      4. (iv) the department reserves the right to retain any party to the agreement even if the design-build services phase is not awarded.

KEY: bids, advertising, contracts, bonding requirements

Date of Last Change: March 16, 2026

Notice of Continuation: March 21, 2026

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)