1. (1) This section applies only when the department uses an invitation for bids for a design-bid-build construction project.

2. (2) When procuring a construction project through an invitation for bids, the department shall prepare and publish a notice to contractors that:

   1. (a) invites bids for the project;
   2. (b) specifies details such as the type of construction, location of the project, principal items of work, and the bid opening date and time; and
   3. (c) complies with the advertisement for bids requirements described in Section 72-6-107.
3. (3) After preparing and publishing a notice to contractors as described in Subsection (2), upon request, the department shall make project plans and specifications available for in-person inspection.
4. (4) After preparing and publishing a notice to contractors as described in Subsection (2), the department shall make construction project plans and specifications available for download on the department's website.

5. (5)(a) The department may only accept or consider a bid from a bidder that has prequalified in accordance with Rule R916-2.

   1. (b)(i) The department may not award a contract to a bidder for a construction project if the bidder's bid amount, added to the bidder's total uncompleted work, is more than the maximum total dollar value of contracts the bidder is allowed to undertake at any one time as determined by the department under Section R916-2-3.

      1. (ii) The department will make this calculation for the apparent low bidder at the close of a bid opening.
      2. (iii) The contractor's total uncompleted work includes all uncompleted work regardless of location or project owner.
      3. (iv) To calculate the total uncompleted work amount, the department shall use the amount shown on the contractor's "Status of Work Under Contract" form found in the department's bid system.
      4. (v) The process described in this Subsection (5) does not apply to contractors prequalified as "unlimited."
   2. (c) If the department determines it is necessary to issue an addendum to the plans and specifications during the advertising period, the department shall post the addenda in the department's bid system.

6. (6)(a) Each bidder shall submit a sealed bid to the department within the department bid system before the time and at the place specified in the notice to contractors.

   1. (b) The department shall open bids publicly at the time and place indicated in the notice to contractors.
   2. (c) The department may only consider a bid if the bid is accompanied by a bid security in the form and amount stated in the notice to contractors.

   3. (d)(i) Except as provided in Subsection (6)(d)(ii), a bidder must be licensed as required by Title 58, Occupations and Professions, to engage in the work described in the notice to contractors before submitting a bid.

      1. (ii) A contractor may submit a bid on a Federal-aid highway project without having first obtained a license if the contractor obtains a valid Utah license before starting any work under the contract.
   4. (e) The department may reject any or all bids.

7. (7)(a) If the department awards a contract to a bidder, the department shall award the contract:

   1. (i) to the lowest responsive, responsible, and qualified bidder; and

      1. (ii) within 30 calendar days after the opening of bids or within a timeframe agreed upon by the department and the successful bidder.
   2. (b) When all bids received exceed the engineer's estimate by more than 10%, the department may accept a bid as described in Subsection (6)(a) or reject all bids.
   3. (c) The department shall notify a successful bidder by email, using the email address shown on the bidder's bid.

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)