As in effect on November 1, 2008
(1) This rule establishes policies and procedures for the authorization, funding, and development of programs for capital development and capital improvement projects and the use and administration of the Planning Fund.
(2) The Board's authority to administer the planning process for state facilities is contained in Section 63A-5-103.
(3) The statutes governing the Planning Fund are contained in Section 63A-5-211.
(4) The Board's authority to make rules for its duties and those of the Division is set forth in Subsection 63A-5-103(1).
(1) "Agency" means each department, agency, institution, commission, board, or other administrative unit of the State of Utah.
(2) "Board" means the State Building Board established pursuant to Section 63A-5-101.
(3) "Capital Development" is defined in Section 63A-5-104.
(4) "Capital Improvement" is defined in Section 63A-5-104.
(5) "Director" means the Director of the Division, including, unless otherwise stated, his duly authorized designee.
(6) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5-201.
(7) "Planning Fund" means the revolving fund created pursuant to Section 63A-5-211 for the purposes outlined therein.
(8) "Program" means a document containing a detailed description of the scope, the required areas and their relationships, and the estimated cost of a construction project.
(a) "Program" typically refers to an architectural program but, as used in this rule, the term "program" includes studies that approximate an architectural program in purpose and detail.
(b) "Program" does not mean feasibility studies, building evaluations, master plans, or general project descriptions prepared for purposes of soliciting funding through donations or grants.
(1) For capital development projects, a program must be developed before the design may begin unless the Director determines that a program is not needed for that specific project. Examples of capital development projects that may not require a program include land purchases, building purchases requiring little or no remodeling, and projects repeating a previously used design.
(2) For capital improvement projects, the Director shall determine whether the nature of the project requires that a program be prepared.
(1) The initiation of a program for a capital development project must be approved by the Legislature or the Board if it is anticipated that state funds will be requested for the design or construction of the project.
(2) When requesting Board approval, the agency shall justify the need for initiating the programming process at that point in time and also address the level of support for funding the project soon after the program will be completed.
Programs may be funded from one of the following sources.
(1) Funds appropriated for that purpose by the Legislature.
(2) Funds provided by the agency.
(a) This would typically be the funding source for the development of programs before the Legislature funds the project.
(b) Funds advanced by agencies for programming costs may be included in the project budget request but no assurance can be given that project funds will be available to reimburse the agency.
(c) Agencies that advance funds for programming that would otherwise lapse may not be reimbursed in a subsequent fiscal year.
(3) If an agency is able to demonstrate to the Board that there is no other funding source for programming for a project that is likely to be funded in the upcoming legislative session, it may request to borrow funds from the Planning Fund as provided for in Section R23-3-8.
(1) The development of programs shall be administered by the Division in cooperation with the requesting agency unless the Director authorizes the requesting agency to administer the programming.
(2) This Section R23-3-6 does not apply to projects that are exempt from the Division's administration pursuant to Subsection 63A-5-206(3).
(1) Except as provided in Subsections 2 and 3, neither a firm that prepares a program for a project nor its subconsultants may be prohibited from being considered for selection as the lead design firm or a member of the design team for that project unless the procurement documents for the selection of the firm for the programming services or the contract with the firm for the programming services contains such a restriction.
(2) In general, a firm that prepares a program for a project that is expected to be developed using the design-build method described in Section R23-1-45 may not be a member of the design-build team for that project. In order for this restriction to take effect, this restriction must be stated in the procurement documents for the selection of the firm for the programming services or the contract with the firm for the programming services. This restriction shall not apply to a subconsultant of the programming firm unless the procurement documents contain such a restriction.
(3) A restriction, as provided for in this Section may be waived if the Director makes a written determination that it is in the best interests of the State to waive this requirement.
(1) The Planning Fund may be used for the purposes stated in Section 63A-5-211 including the development of:
(a) facility master plans;
(b) programs; and
(c) building evaluations or studies to determine the feasibility, scope and cost of capital development and capital improvement requests.
(2) Expenditures from the Planning Fund must be approved by the Director.
(3) Expenditures in excess of $25,000 for a single planning or programming purpose must also be approved in advance by the Board.
(4) The Planning Fund shall be reimbursed from the next funded or authorized project for that agency that is related to the purposes for which the expenditure was made from the Planning Fund.
(5) The Division shall report changes in the status of the Planning Fund to the Board.
(1) For each major campus of state-owned buildings, the agency with primary responsibility for operations occurring at the campus shall, in cooperation with the Division, develop and maintain a master plan that reflects the current and projected development of the campus.
(2) The purpose of the master plan is to encourage long term planning and to guide future development.
(3) Master plans for campuses and facilities not covered by Subsection (1) may be developed upon the request of the Board or when the Division and the agency determine that a master plan is necessary or appropriate.
(4) The initial master plan for a campus, and any substantial modifications thereafter, shall be presented to the Board for approval.
planning, public buildings, design, procurement
March 15, 2005
July 28, 2004
63A-5-103; 63A-5-211
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