1. (1) Multiple prequalified contractors may jointly submit a bid or proposal as a joint venture.

2. (2) Before submitting a bid or proposal as a joint venture, the joint venture shall:

   1. (a) register with the oo Division of Corporations and Commercial Code; and
   2. (b) have a fully executed joint venture agreement and submit a copy of the agreement to the department's prequalification specialist at least four business days before a project's bid opening.

3. (3) The joint ventures included in the joint venture shall ensure that the agreement described in Subsection (2)(b) includes:

   1. (a) the joint venture's name as the name appears on the joint venture's registration with the Utah Division of Corporations and Commercial Code;
   2. (b) the name of each joint ventures included in the joint venture as each name appears on the registration with the Utah Division of Corporations and Commercial Code;
   3. (c) a provision acknowledging that each joint venturer's liability under the construction contract is joint and several;
   4. (d) the duration of the agreement and conditions for terminating the agreement;
   5. (e) each joint venturer's interests to the joint venture and each joint venturer's claims, including claims to property, equipment, profits, and liabilities related to the joint venture;
   6. (f) a provision recognizing that each joint venturer agrees to indemnify the other joint venturers against any loss or liability not directly related to the joint venture;
   7. (g) the initial capital contribution of each joint venturer, and how each joint venturer will maintain and control working capital contributions;

   8. (h) the name and authority of at least one authorized representative for each joint venture;

      1. (i) information describing how the joint venture will manage and conduct business;
   9. (j) information describing how the joint venture will maintain and control records belonging to the department;

   10. (k) information describing the time and effort contribution of each joint venturer;

       1. (l) information describing what happens to the joint venturer's assets and obligations should one venturer file for bankruptcy protection; and
   11. (m) the name and project identification number of the project on which the joint venture will bid or propose.
4. (4) If joint venturers included in a joint venture intend to compete for multiple projects under the same joint venture, the joint venturers shall amend the joint venture agreement for each project the joint venturers intend to bid or propose.
5. (5) Joint venturers participating in a joint venture under this section may classify any portion of the joint venture agreement as protected from disclosure under Subsection 63G-2-305(1) or (2) by submitting, within the joint venture agreement, a claim of business confidentiality in accordance with the requirements of Section 63G-2-309.

KEY: bids, contracts, prequalification, contractor rating

Date of Last Change: March 16, 2026

Notice of Continuation: March 21, 2026

Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 63G-6a-106(3)(a)