63M-1-2609 - Receipt of detailed proposals -- Economic feasibility report -- Acceptance of a detailed proposal. - Utah Statutes

63M-1-2609. Receipt of detailed proposals -- Economic feasibility report --Acceptance of a detailed proposal.
(1) If the committee, in its sole discretion, determines that a detailed proposal does notsubstantially meet the guidelines established under Subsection 63M-1-2608(1), the committeemay elect not to review the detailed proposal.
(2) (a) After receiving a detailed proposal, the Governor's Office of Planning and Budgetshall update the economic feasibility report prepared under Section 63M-1-2606.
(b) A detailed proposal that is to be reviewed by the committee shall be submitted to theaffected department, a directly affected state entity, and a directly affected school district forcomment or suggestion.
(3) In determining which, if any, of the detailed proposals to accept, in addition to theproposal evaluation criteria, the committee shall consider the following factors:
(a) any comment, suggestion, or modification offered in accordance with Subsection63M-1-2606(3) or Subsection (2)(b);
(b) the economic feasibility report updated in accordance with Subsection (2)(a);
(c) the source of funding and any resulting constraint necessitated by the funding source;
(d) any alternative funding proposal;
(e) the extent to which the project is practical, efficient, and economically beneficial tothe state and the affected department; and
(f) any other reasonable factor identified by the committee or required by the board byrule.
(4) (a) If the committee accepts a detailed proposal, the accepted detailed proposal shallbe submitted to the board for approval.
(b) If the affected department or a directly affected state entity or school district disputesthe detailed proposal approved by the board, the Governor's Office of Planning and Budget shallconsider the detailed proposal and any comment, suggestion, or modification and determinewhether to proceed with a project agreement.
(c) If there is no funding for a project that is the subject of a detailed proposal and thecommittee determines to proceed with the project, the office shall submit a report to theGovernor's Office of Planning and Budget and the Executive Appropriations Committeedetailing the position of the board, the affected department, a directly affected state entity orschool district.
(5) A detailed proposal received from a private entity other than the private entity thatsubmitted the initial proposal may not be accepted in place of the detailed proposal offered by theprivate entity that submitted the initial proposal solely because of a lower cost if the lower cost iswithin the amount of the fee paid by the private entity that submitted the initial proposal forreview of the initial proposal.

Enacted by Chapter 352, 2008 General Session