63A-5b-603. Contracting powers of director -- Bids -- Retainage.
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Effective 5/4/2022
63A-5b-603. Contracting powers of director -- Bids -- Retainage.
(1)In accordance with Title 63G, Chapter 6a, Utah Procurement Code , the director may enter into a contract for any work or professional service that the division may do or have done.
(a)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the director may make rules establishing circumstances under which bids may be modified when all bids for a construction project exceed available funds as determined by the director.
(b)In making the rules described in Subsection (2)(a) , the director shall provide for the fair and equitable treatment of bidders.
(c)The judgment of the director as to the responsibility and qualifications of a bidder is conclusive, except in case of fraud or bad faith.
(3)The division shall make all payments to the contractor for completed work in accordance with Section 15-6-2 and pay the interest specified in Section 15-6-3 on any payments that are late.
(4)If the division retains or withholds a payment on a contract with a private contractor to do work for the division, the division shall retain or withhold and release the payment as provided in Section 13-8-5 .
Amended by Chapter 421 , 2022 General Session