Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R33. Administrative Services, Purchasing and General Services.
Rule R33-15. Procurement of Design Professional Services.
As in effect on October 1, 2019
Table of Contents
- R33-15-101. Application.
- R33-15-201. Architect-Engineer Evaluation Committee.
- R33-15-301. Request for Statement of Qualifications.
- R33-15-302. Evaluation of Statement of Qualifications.
- R33-15-303. Negotiation and Award of Contract.
- R33-15-304. Failure to Negotiate Contract With the Highest Ranked Firm.
- R33-15-305. Notice of Award.
- R33-15-401. Written Justification Statements.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
The provisions of Part 15 of the Utah Procurement Code apply to every procurement of services within the scope of the practice of architecture as defined by Section 58-3a-102, or professional engineering as defined in Section 58-22-102, except as authorized by Section R33-4-109. All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.
The chief procurement officer or head of a procurement unit with independent procurement authority shall designate members of the Architect-Engineer Evaluation Committee. The evaluation committee must consist of at least three members who are qualified under Section 63G-6a-707, at least one of which is well qualified in the profession of architecture or engineering.
(1) A procurement unit shall issue a public notice for a request for statement of qualifications to rank architects or engineers.
(2) A procurement unit that issues a request for statement of qualifications shall:
(a) state in the request for statement of qualifications:
(i) the type of procurement item to which the request for statement of qualifications relates;
(ii) the scope of work to be performed;
(iii) the instructions and the deadline for providing information in response to the request for statement of qualifications;
(iv) criteria used to evaluate statements of qualifications including:
(A) basic information about the person or firm;
(B) experience and work history;
(C) management and staff;
(D) qualifications and certification;
(E) licenses and certifications;
(F) applicable performance ratings;
(G) financial statements; and
(H) other pertinent information.
(b) Key personnel identified in the statement of qualifications may not be changed without the advance written approval of the procurement unit.
(3) Architects and engineers shall not include cost in a response to a request for statement of qualifications
The evaluation committee shall evaluate statements of qualifications in accordance with Section 63G-6a-707 to rank (score) architects or engineers.
The chief procurement officer or head of a procurement unit with independent procurement authority shall negotiate a contract with the most qualified firm for the required services at compensation determined to be fair and reasonable.
(1) If fair and reasonable compensation, contract requirements, and contract documents cannot be agreed upon with the highest ranked firm, the chief procurement officer or head of a procurement unit with independent procurement authority shall advise the firm in writing of the termination of negotiations.
(2) Upon failure to negotiate a contract with the highest ranked firm, the chief procurement officer or head of a procurement unit with independent procurement authority shall proceed in accordance with Section 63G-6a-1505 of the Utah Procurement Code.
(1) The chief procurement officer or head of a procurement unit with independent procurement authority shall award a contract to the highest ranked firm with which the fee negotiation was successful.
(2) Notice of the award shall be made available to the public.
Executive branch procurement units shall issue a statement justifying the ranking of the firm with which fee negotiation was successful.
architects, engineers, government purchasing
June 21, 2017
July 8, 2019
For questions regarding the content or application of rules under Title R33, please contact the promulgating agency (Administrative Services, Purchasing and General Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.