DAR File No. 38699
This notice was published in the August 1, 2014, issue (Vol. 2014, No. 15) of the Utah State Bulletin.
Administrative Services, Purchasing and General Services
Rule R33-11
Form of Bonds
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 38699
Filed: 07/08/2014 09:48:58 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
This rule is authorized under the Utah Procurement Code, Subsections 63G-6a-1102(2), 63G-6a-1103(3), and 63G-6a-1105(1). Subsection 63G-6a-1102(2) states: "When a bidder fails to comply with the requirement for bid security described in the invitation for bids, the bid shall be rejected unless, pursuant to rules of the applicable rulemaking authority, the issuing procurement unit determines that the failure to comply with the security requirements is nonsubstantial." Subsection 63G-6a-1103(3) states: "Rules of the applicable rulemaking authority may provide for waiver of the requirement of a bid, performance, or payment bond for circumstances in which the procurement officer considers any or all of the bonds to be unnecessary to protect the procurement unit." Subsection 63G-6a-1105(1) states: "The forms of bonds required by this part shall be established by rule made by the applicable rulemaking authority."
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
There have been no comments received either supporting or opposing the rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule needs to be continued because it provides the bid security requirements for projects.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Administrative ServicesPurchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
- Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov
- Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov
Effective:
07/08/2014
Authorized by:
Kent Beers, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov; Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov; Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.