53B-16-104 - Restrictions on higher education entities bidding on architect or engineering services in public procurement projects. - Utah Statutes

53B-16-104. Restrictions on higher education entities bidding on architect orengineering services in public procurement projects.
(1) As used in this section:
(a) "Architect-engineer services" means those professional services within the scope ofthe practice of architecture as defined in Section 58-3a-102, or professional engineering asdefined in Section 58-22-102.
(b) "Government entity" means a state agency, an institution of higher education, acounty, a municipality, a local school district, a local district, or a special service district.
(2) When a government entity elects to obtain architect or engineering services by usinga competitive procurement process and has provided public notice of its competitive procurementprocess:
(a) a higher education entity, or any part of one, may not submit a proposal in response tothe government entity's competitive procurement process; and
(b) the government entity may not award a contract to perform the architect orengineering services solicited in the competitive procurement process to a higher education entityor any part of one.
(3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a highereducation entity may, in a private capacity, submit a proposal in response to the competitiveprocurement process.
(b) An employee of a higher education entity may not use any supplies, materials, orother resources owned by, or any persons matriculating at, attending, or employed by, the highereducation entity in:
(i) preparing a response to the competitive procurement process; or
(ii) completing any work, assignment, or contract awarded to the employee resultingfrom that competitive procurement process.

Amended by Chapter 329, 2007 General Session