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First Substitute S.B. 20
Senator Leonard M. Blackham proposes to substitute the following bill:
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GOVERNMENT COMPETITION WITH PRIVATE
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SECTOR
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Leonard M. Blackham
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AN ACT RELATING TO PROCUREMENT OF ARCHITECT AND ENGINEERING
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SERVICES; PROHIBITING STATE AGENCIES, HIGHER EDUCATION INSTITUTIONS,
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COUNTIES, MUNICIPALITIES, LOCAL SCHOOL DISTRICTS, AND SPECIAL DISTRICTS
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FROM AWARDING ARCHITECT/ENGINEERING SERVICES CONTRACTS TO HIGHER
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EDUCATION ENTITIES IN CERTAIN CIRCUMSTANCES; AND PROHIBITING HIGHER
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EDUCATION ENTITIES FROM SUBMITTING A PROPOSAL TO PERFORM
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ARCHITECT/ENGINEERING SERVICES IN CERTAIN CIRCUMSTANCES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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10-7-20.5, Utah Code Annotated 1953
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17-5-260.5, Utah Code Annotated 1953
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17A-1-802, Utah Code Annotated 1953
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53A-20-101.5, Utah Code Annotated 1953
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53B-16-104, Utah Code Annotated 1953
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63-56-44.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-7-20.5
is enacted to read:
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10-7-20.5. Restrictions on municipality procurement of architect engineer services.
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(1) As used in this section, "architect-engineer services" means those professional services
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within the scope of the practice of architecture as defined in Section
58-3a-102
, or professional
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engineering as defined in Section
58-22-102
.
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(2) When a municipality elects to obtain architect or engineering services by using a
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competitive procurement process and has provided public notice of its competitive procurement
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process:
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(a) a higher education entity, or any part of one, may not submit a proposal in response to
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the municipality's competitive procurement process; and
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(b) the municipality may not award a contract to perform the architect or engineering
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services solicited in the competitive procurement process to a higher education entity or any part
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of one.
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Section 2.
Section
17-5-260.5
is enacted to read:
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17-5-260.5. Restrictions on county procurement of architect engineer services.
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(1) As used in this section, "architect-engineer services" means those professional services
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within the scope of the practice of architecture as defined in Section
58-3a-102
, or professional
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engineering as defined in Section
58-22-102
.
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(2) When a county elects to obtain architect or engineering services by using a competitive
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procurement process and has provided public notice of its competitive procurement process:
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(a) a higher education entity, or any part of one, may not submit a proposal in response to
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the county's competitive procurement process; and
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(b) the county may not award a contract to perform the architect or engineering services
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solicited in the competitive procurement process to a higher education entity or any part of one.
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Section 3.
Section
17A-1-802
is enacted to read:
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17A-1-802. Restrictions on special district procurement of architect engineer services.
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(1) As used in this section, "architect-engineer services" means those professional services
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within the scope of the practice of architecture as defined in Section
58-3a-102
, or professional
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engineering as defined in Section
58-22-102
.
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(2) When a special district elects to obtain architect or engineering services by using a
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competitive procurement process and has provided public notice of its competitive procurement
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process:
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(a) a higher education entity, or any part of one, may not submit a proposal in response to
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the special district's competitive procurement process; and
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(b) the special district may not award a contract to perform the architect or engineering
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services solicited in the competitive procurement process to a higher education entity or any part
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of one.
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Section 4.
Section
53A-20-101.5
is enacted to read:
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53A-20-101.5. Restrictions on local school district procurement of architect engineer
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services.
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(1) As used in this section, "architect-engineer services" means those professional services
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within the scope of the practice of architecture as defined in Section
58-3a-102
, or professional
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engineering as defined in Section
58-22-102
.
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(2) When a local school district elects to obtain architect or engineering services by using
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a competitive procurement process and has provided public notice of its competitive procurement
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process:
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(a) a higher education entity, or any part of one, may not submit a proposal in response to
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the state agency's competitive procurement process; and
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(b) the local school district may not award a contract to perform the architect or
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engineering services solicited in the competitive procurement process to a higher education entity
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or any part of one.
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Section 5.
Section
53B-16-104
is enacted to read:
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53B-16-104. Restrictions on higher education entities bidding on architect or
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engineering services in public procurement projects.
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(1) As used in this section:
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(a) "Architect-engineer services" means those professional services within the scope of the
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practice of architecture as defined in Section
58-3a-102
, or professional engineering as defined in
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Section
58-22-102
.
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(b) "Government entity" means a state agency, an institution of higher education, a county,
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a municipality, a local school district, or a special district.
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(2) When a government entity elects to obtain architect or engineering services by using
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a competitive procurement process and has provided public notice of its competitive procurement
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process:
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(a) a higher education entity, or any part of one, may not submit a proposal in response to
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the government entity's competitive procurement process; and
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(b) the government entity may not award a contract to perform the architect or engineering
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services solicited in the competitive procurement process to a higher education entity or any part
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of one.
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(3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a higher
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education entity may, in a private capacity, submit a proposal in response to the competitive
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procurement process.
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(b) An employee of a higher education entity may not use any supplies, materials, or other
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resources owned by, or any persons matriculating at, attending, or employed by, the higher
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education entity in:
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(i) preparing a response to the competitive procurement process; or
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(ii) completing any work, assignment, or contract awarded to the employee resulting from
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that competitive procurement process.
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Section 6.
Section
63-56-44.5
is enacted to read:
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63-56-44.5. Restrictions on s
tate agency procurement of architect engineer services.
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S [When]
(1) EXCEPT AS PROVIDED IN SUBSECTION (2), WHEN
s a public procurement unit,
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in accordance with Section
63-56-42
, elects to obtain
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architect or engineering services by using a competitive procurement process and has provided
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public notice of its competitive procurement process:
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S [
(1)
]
(a)
s a higher education entity, or any part of one, may not submit a proposal in
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response to
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the public procurement unit's competitive procurement process; and
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S [
(2)
]
(b)
s the public procurement unit may not award a contract to perform the architect or
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engineering services solicited in the competitive procurement process to a higher education entity
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or any part of one.
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S
(2) A PUBLIC PROCUREMENT UNIT NEED NOT COMPLY WITH THE REQUIREMENTS OF
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SUBSECTION (1) WHEN THE PUBLIC PROCUREMENT UNIT IS PROCURING ARCHITECT OR
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ENGINEER SERVICES FOR CONTRACTS RELATED TO RESEARCH ACTIVITIES,
108c1
h
AND
h TECHNOLOGY
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TRANSFER h [
, AND OTHER INNOVATIVE ACTIVITIES
] h .
s
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