1. (1) For public school construction exceeding $3,000,000, an LEA shall use one of the following delivery methods authorized under Section 63G-6a-1302:

   1. (a) design-bid-build;
   2. (b) design-build; or
   3. (c) a construction manager general contractor, subject to the restrictions in Subsection (2).

2. (2)

   1. (a) An LEA may use a construction manager general contractor delivery method if:

      1. (i) the LEA demonstrates to the division that the project meets appropriate criteria for using a construction manager general contractor under Subsection 63G-6a-1302(3);
      2. (ii) the LEA employs or contracts with qualified construction management staff with demonstrated construction manager general contractor experience; and
      3. (iii) the LEA submits a detailed project management plan approved by the division.

   2. (b) The division may only deny approval for a construction manager general contractor delivery method if:

      1. (i) the LEA lacks sufficient expertise to manage the project;
      2. (ii) the project does not meet appropriate criteria under Subsection 63G-6a-1302(3); or
      3. (iii) other methods of delivery would provide better cost control and project outcomes.

3. (3) The division shall:

   1. (a) establish clear criteria for when a construction manager general contractor delivery method is appropriate, considering the factors described in Subsection 63G-6a-1302(3);

   2. (b) provide training to an LEA on:

      1. (i) proper implementation of each delivery method authorized under Section 63G-6a-1302;
      2. (ii) cost control measures for each delivery method; and
      3. (iii) circumstances when each delivery method is most appropriate; and
   3. (c) require additional oversight and reporting for projects using a construction manager or general contractor.
4. (4) For projects under $3,000,000, an LEA shall use design-bid-build unless the division approves an alternative delivery method under Section 63G-6a-1302.

5. (5) An LEA shall comply with all procurement requirements under Title 63G, Chapter 6a, Utah Procurement Code, when using any construction delivery method, including:

   1. (a) requirements for selection of contractors in Subsection 63G-6a-1302(5) when using a construction manager or general contractor;
   2. (b) requirements for subcontractor procurement in Subsection 63G-6a-1302(5)(b); and
   3. (c) any other applicable procurement standards established in Title 63G, Chapter 6a, Utah Procurement Code.
6. (6) For projects exceeding $500,000, an LEA shall select contractors only from the qualified contractor registry established under Section 63A-5b-1216.

7. (7) The contractor registry requirement in Subsection (6):

   1. (a) establishes pre-qualification standards but does not replace competitive procurement requirements;
   2. (b) limits the pool of eligible bidders to qualified contractors; and
   3. (c) applies to all delivery methods authorized under this section.

Enacted by Chapter 225, 2026 General Session