53H-3-1303. Restrictions on higher education entities bidding on architect or engineering services in public procurement projects.

273 words·~1 min read·/ut/title-53h/chapter-3/53h-3-1303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

(1)As used in this section:

(a)"Architect-engineer services" means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102 , or professional engineering as defined in Section 58-22-102 .

(b)"Government entity" means a state agency, an institution of higher education, a county, a municipality, a local school district, a special district, or a special service district.

(2)When a government entity elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of the government entity's competitive procurement process:

(a)a higher education entity, or any part of one, may not submit a proposal in response to the government entity's competitive procurement process; and

(b)the government entity 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.

(a)Subject to the prohibition contained in Subsection (3)(b) , an employee of a higher education entity may, in a private capacity, submit a proposal in response to the competitive procurement process.

(b)An employee of a higher education entity may not use any supplies, materials, or other resources owned by, or any persons matriculating at, attending, or employed by, the higher education entity in:

(i)preparing a response to the competitive procurement process; or

(ii)completing any work, assignment, or contract awarded to the employee resulting from that competitive procurement process.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1