(1) Except as provided in Subsection (2), when the division or a procurement unit with independent procurement authority, in accordance with Section 63G-6a-1502, elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process:

1. (a) a higher education entity, or any part of one, may not submit a proposal in response to the procurement unit's competitive procurement process; and
2. (b) the procurement unit may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.