63A-5b-1203. Construction delivery methods -- Restrictions.
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Effective 7/1/2026
63A-5b-1203. Construction delivery methods -- Restrictions.
(1)For public school construction exceeding $3,000,000, an LEA shall use one of the following delivery methods authorized under Section 63G-6a-1302 :
(a)design-bid-build;
(b)design-build; or
(c)a construction manager general contractor, subject to the restrictions in Subsection
(2).
(a)An LEA may use a construction manager general contractor delivery method if:
(i)the LEA demonstrates to the division that the project meets appropriate criteria for using a construction manager general contractor under Subsection 63G-6a-1302(3) ;
(ii)the LEA employs or contracts with qualified construction management staff with demonstrated construction manager general contractor experience; and
(iii)the LEA submits a detailed project management plan approved by the division.
(b)The division may only deny approval for a construction manager general contractor delivery method if:
(i)the LEA lacks sufficient expertise to manage the project;
(ii)the project does not meet appropriate criteria under Subsection 63G-6a-1302(3) ; or
(iii)other methods of delivery would provide better cost control and project outcomes.
(3)The division shall:
(a)establish clear criteria for when a construction manager general contractor delivery method is appropriate, considering the factors described in Subsection 63G-6a-1302(3) ;
(b)provide training to an LEA on:
(i)proper implementation of each delivery method authorized under Section 63G-6a-1302 ;
(ii)cost control measures for each delivery method; and
(iii)circumstances when each delivery method is most appropriate; and
(c)require additional oversight and reporting for projects using a construction manager or general contractor.
(4)For projects under $3,000,000, an LEA shall use design-bid-build unless the division approves an alternative delivery method under Section 63G-6a-1302 .
(5)An LEA shall comply with all procurement requirements under Title 63G, Chapter 6a, Utah Procurement Code, when using any construction delivery method, including:
(a)requirements for selection of contractors in Subsection 63G-6a-1302(5) when using a construction manager or general contractor;
(b)requirements for subcontractor procurement in Subsection 63G-6a-1302(5)(b) ; and
(c)any other applicable procurement standards established in Title 63G, Chapter 6a, Utah Procurement Code.
(6)For projects exceeding $500,000, an LEA shall select contractors only from the qualified contractor registry established under Section 63A-5b-1216 .
(7)The contractor registry requirement in Subsection
(6):
(a)establishes pre-qualification standards but does not replace competitive procurement requirements;
(b)limits the pool of eligible bidders to qualified contractors; and
(c)applies to all delivery methods authorized under this section.
Enacted by Chapter 225 , 2026 General Session