- (1) This rule applies to projects the department constructs using an invitation for bids or an alternative delivery method.
- (2) The department shall establish a process for determining which project delivery method is used.
- (3) A contractor that prepares specifications for a notice to contractors or solicitation for a construction project may not submit a bid or proposal on that project unless the executive director determines there is no conflict of interest.
- (4) The department shall readvertise a project if the solicitation or notice to contractors fails to attract multiple bidders unless a deputy director or the deputy director's designee determines in writing that readvertisement of the project is not in the best interest of the state.
(5)(a) The department may establish a committee to evaluate bids or proposals.
(b) In establishing a committee described in Subsection (5)(a), the department:
- (i) may appoint one committee member who is an employee of a consulting engineering entity, selected based on a recommendation from the American Council of Engineering Companies of Utah;
- (ii) may appoint one committee member who is an employee of a licensed contractor, selected based on a recommendation from the Utah Chapter of the Association of General Contractors;
- (iii) may not appoint a committee member who is an employee of an entity that participated in preparing one of the proposals or bids that the committee will evaluate in response to a solicitation or notice to contractors; and
- (iv) shall ensure that each member of a committee discloses in writing to the department's director of project development any conflicts of interest pursuant to the requirements of state and federal ethics and procurement law and the department's standard specifications and policies.
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)