Utah Admin. Code R6 — Capitol Preservation Board (State)

R131 Administration

R131-1 Procurement of Architectural and Engineering Services

Utah Admin. Code R131-1-1 Purpose and Authority

(1) As provided by Subsections 63O-2-301(2) and 63O-2-301(3) this rule establishes procedures for the procurement of architectural and engineering services by the Sta te Capitol Preservation Board.

(2) The Board's authority to adopt rules is provided according to Subsection 63O-2-301(2).

(3) As required by Subsection 63O-2-301(3), procurement of architectural and engineering servic es shall be conducted in accordance with this rule, Title 63G, Chapter 6a, Utah Procureme nt Code, or of Title 63A, Chapter 5b, Administration of State Facilities, as determined by the Board.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-2 Definitions

(1) Terms used in this rule are defined in Section 63G-6a-103.

(2) In addition:

(a) "Executive Director" means the Executive Director of the Ca pitol Preservation Board or authorized designee.

(b) "Office" means the staff and facilities of the Executi ve Director to the Board pursuant to Sections 63O-2- 401 and 63O-2-402.

(c) "Record" shall have the same meaning as defined in Secti on 63G-2-103 of the Government Records Access and Management Act (GRAMA).

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-3 Maintaining a Register of Architectural/ or Engineering Firms

The Board shall select registered and licensed archite cts and engineers that are interested in being considered for state building projects in accordance with Section R23-1-1501, Utah Administrative Code.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-4 Notification of Need for Architectural or Engineering Services

(1) The Board shall publish or cause to have published its needs for architectural or e ngineering services in the manner provided in Subsection 63G-30-102. The public notice shall include t he following:

(a) The closing time and date for the submission of Statement of Qualifica tions;

(b) The address of the office to which Statements of Qualifications are to be delivere d;

(d) A brief description of the project; and

(e) A notice of any mandatory pre-submittal meetings.

(2) The architects or engineers shall respond with a Statement of Qualifica tions for each project.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-5 Appointment of a Selection Committee

The Executive Director shall appoint a selection committ ee to review all applications of interested architectura l or engineering firms. The committee shall include repre sentatives of the Board, the Office, DFCM, and others as deemed appropriate.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-6 Preliminary Screening and Evaluation

(1) The selection committee shall independently rate e ach interested firm. A weighted point system shall be used. A ranking of those qualified firms shall be made by using a composite scoring of all the individua l rater's scores.

(2) The following criteria shall be used in the evaluation and ranking of fi rms for possible awards:

(a) Competence to perform the services as reflected by tec hnical training and education, specialized experi ence in providing similar services, and the qualifications and competence of pe rsons who would be assigned to assist with the performance of the services;

(b) Capacity to perform the services in the required time as reflect ed by present workload, availability of adequate personnel, equipment, and facilities;

(c) Past performance as reflected by the evaluation of the se rvices of the architect or engineer; including such factors as control of costs, quality of work, and ability to meet deadlines; and

(d) Proximity of firm to the project.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-7 Interviews with Architectural or Engineering Firms

(1) For all projects, interviews shall be held with no less than the top three ranked firms compe ting for the project design commission. The number of firms interviewed per project may vary according to the size and complexity of the project. Multiple interviews may be held on smaller projec ts at the discretion of the Executive Director.

(2) Firms selected to be interviewed shall be provided with as much pertinent informa tion as possible of the job at least one week before the interview.

(3) After composite rankings or interviews are completed, the selecti on committee shall select the top three and rank them in order of selection.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-8 Negotiation and Appointment

(1) The Executive Director shall negotiate with the top-ranked archi tectural or engineering firm to finalize the details of the project. If there are problems with reaching a greement, the Executive Director shall present a written offe r of the terms which must then be accepted or rejected in writing by t he architectural or engineering firm. If the offer i s rejected by the top-ranked firm, the Executive Direc tor may negotiate with the second-ranked firm to obtain an agreement. If negotiations with the second-ranked firm are not able to be successfully concluded, the Office may negotiate with the third-ranked firm.

(2) Following completion of negotiations, the Executive Director will present t he choice of the selected firm to the Board for approval, to enter into a contract with the selected firm. Upon Boa rd approval, the Executive Director will enter into a contract with the selected firm. Other firms who were i nterviewed shall receive notification of award.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-9 Role of the Board

(1) The Executive Director shall establish and monitor the selection pr ocess, may take appropriate steps to verify the acceptability of the procedure, and make c hanges in procedure at any time as may be determined necessary by the Board.

(2) At each meeting of the Board, the Executive Director shall submit a l ist of all architect or engineer contracts entered into, and a description of the methods of selec tion used to the Board as a second review of actions taken.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-10 Disclosure of Submittals, Performance Evaluations, References and Award

(1) After the date established for the first submittal of information, a r egister of submitting architects and engineers shall be prepared and open to public inspection. Before award, submitta ls and modifications shall be shown only to procurement officials and other persons involved with the review and selection proc ess who shall adhere to the requirements of GRAMA and this rule.

(2) The Executive Director shall, throughout the course of, and at the e nd of the contract, evaluate the performance of the architectural or engineering firm; ve rbally and in writing. There shall be at least one verbal review of the architectural or engineering firm's performance on eac h project, before the project's completion. The Executive Director shall also advise the architectural or engineeri ng firm, in writing, about their performance at the end of the project. If the firm wishes to respond to those evaluations, it may enter its responses in the fi le.

(3) Except as provided in this rule, submittals shall be open to public inspection afte r notice of the selection results.

(4) The classification of records as protected, and the treatm ent of such records shall be as provided in Section R131-4-411A.

(5) The Board finds that it is necessary to maintain the confidentiali ty of performance evaluations and reference information to avoid competitive injury a nd to encourage those persons providing the information to respond in an open and honest manner without fear of retribution. Accordingly, records containing perform ance evaluations and reference information are classified as protecte d records under Subsection 63G-2-305(6) and shall be disclosed only to those persons involved with the performance evaluation, the architect -engineer that the information addresses and persons involved with the review and selection of submittals. The Board or Executive Direct or may, however, provide reference information to other governmental entitie s for use in their procurement activities and to other parties when requested by the architect-engineer that is the subject of t he information. Any other disclosure of such performance evaluations and reference information shall only be as required by appli cable law.

(6) Notice. After the selection of the successful firm, notice of t he selection shall be available in the principal office of the Executive Director in Salt Lake City, Utah and may be avai lable on the internet.

(7) Information Disclosed. The following shall be disclosed with the notice of selec tion:

(a) the ranking of the firms;

(b) the names of the selection committee members;

(c) the final scores used by the selection committee to make t he selection, except that the names of the individual scorers may not be associated with their individual scores; and

(d) the written justification statement supporting the selection.

(8) Information Classified as Protected. After due consideration, the following ha s been determined by the

Board to impair governmental procurement proceedings or give an unfair advant age to any person proposing to enter into a contract with the Board or Executive Director and shall be classified a s protected records:

(a) the names of individual selection committee sc orers in relation to their individual scores or rankings; and

(b) non-public financial statements.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-11 Emergency Conditions

The Executive Director, in consultation with the chair of the Board, shall de termine if it is necessary to respond to any emergency conditions that may occur. They shall also document t heir decision to take emergency action in writing. The Executive Director may use any reasonable method of awardi ng architect or engineer design contracts when emergency conditions occur. If the Executive Director determi nes that a particular specialization is needed, they may appoint any firms they find may be necessary to accomplish work on the emergenc y project design.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-12 Direct Awards

(1) The Executive Director may award a contract to an archite ctural or engineering firm without following the procedures of this rule if:

(a) The contract is for a project which is integrally relate d to, or an extension of, a project which was awarded to the architectural or engineering firm;

(b) The architectural or engineering firm performed sa tisfactorily on any similar or related project; and

(2) The Executive Director shall place written documenta tion of the reasons for the direct award in the project file and shall report the action to the Board at its next mee ting.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-13 Small Purchases

(1) If the Executive Director determines that the services of arc hitects and engineers can be procured for less than $50,000, or if the estimated construction cost of the project is less than $500,000, t he procedures contained in Subsection (2) may be used.

(2) Before contacting any person to perform the required services, the Executi ve Director may refer to or examine any current statements of qualifications on file with the Offi ce. Following that, the Executive Director may contact a qualified firm and negotiate a contract for the r equired services at a fair and reasonable price. If no current statements of qualifications are on file or if the stateme nts on file are, in the judgment of the Executive Director, inadequate to determine a qualified firm, technic al proposals or statements of qualifications shall be solicited. If, afte r negotiations, the parties cannot agree upon a price that, in the E xecutive Director's judgment, is fair and reasonable, negotiations shall be terminated with that firm and negotiati ons begun with another qualified firm. This process shall continue until a contract is negotiated that reflect s a fair and reasonable price and meets the necessary conditions of the project.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-14 Performance Evaluations

(1) The Executive Director shall evaluate the perform ance of the architectural or engineering firm.

(2) This evaluation shall become a part of the record of that arc hitectural or engineering firm with the Board and the State. The architectural or engineering firm sha ll be provided with a copy of its evaluation at the end of the project and may enter its response in the file.

(3) Confidentiality of the evaluation information shall be addre ssed as provided in Subsection R131-1-10(5).

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

Utah Admin. Code R131-1-15 Alternative Procedures

(1) The Board may revise or enhance the procurement process when the Exec utive Director determines that it would be in the best interest of the State. Examples of enhancement s or changes which may be made include design competitions and outside representation on selection committ ees.

(2) Any exceptions to this rule shall be justified to and approved by the Board.

History

KEY: architects, capitol-preservation, engineers, procurement
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2); 63O-2-301(3)

R131-2 Capitol Hill Complex Facility Use

Utah Admin. Code R131-2-1 Purpose and Application

(1) The purpose of this rule is to define conditions for public access and use of the Capitol Hill Complex and to establish procedures for receiving and deciding complaints regarding the access or use of the Capitol Hill Complex.

(2) Except as expressly stated in this rule, or in Rule R131-11, this Rule R131-2 does not apply to a Free Speech Activity. A Free Speech Activity conducted at the Capitol Hill Complex is governed by Rule R131-11.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-2 Authority

The State Capitol Preservation Board adopts this Capitol Hill Complex Facility Use Rule pursuant to Section 63O-2- 301.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-3 Definitions

As used in this Rule R131-2:

(1) "Board" means the State Capitol Preservation Board created by Section 63O-2-201.

(2) "Capitol Hill Complex" means all grounds, monuments, parking areas, buildings, including the Capitol, and other man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard. Capitol Hill Complex also includes:

(a) the White Community Memorial Chapel and the Council Hall Travel Information Center building and their grounds and parking areas;

(b) the Daughters of the Utah Pioneers museum and buildings, grounds and parking areas, and other state owned property included within the area bounded by Columbus Street, North Main Street, and Apricot Avenue;

(d) state owned property included within the area bounded by Columbus Street, West Capitol Street, and 500 North Street.

(3) "Capitol Hill Facilities" means all buildings on the Capitol Hill Complex, including the Capitol, exterior steps, entrances, streets, parking areas and other paved areas of the Capitol Hill Complex.

(4) "Capitol Hill Grounds" means landscaped and unpaved public areas of the Capitol Hill Complex. Maintenance and utility structures and related areas are not considered Capitol Hill Grounds for any public use.

(5) "Catering Services" means the serving of food and beverages at the Capitol Hill Complex.

(6) "Commercial Activities" means Events that are sponsored or conducted for the promotion of commercial products or services, and include advertising, private parties, private company or organization meetings, and any other non-public organization Event. Commercial Activities do not include a Private Activity, Community Service Activities, a State Sponsored Activity or a Free Speech Activity.

(7) "Community Service Activities" means Events that are sponsored by governmental, quasi-governmental and charitable organizations, city and county government departments and agencies, public schools, and charitable organizations held to support or recognize the public or charitable functions of such sponsoring group. To the extent the Event is sponsored by a private charitable organization, the organization must have an Internal Revenue Code Section 501(c)(3) active status and the Event must be related to such status.

(8) "Event" or "Events" are Commercial Activities, Community Service Activities, a Private Activity, and State Sponsored Activities involving one or more persons. Events may include banquets, receptions, award ceremonies, weddings, colloquia, concerts, dances, and seminars. A Free Speech Activity is not an Event for purposes of Rules R131-2 and R131-10. The term "activity" or "activities" may be substituted in this rule for the term "Event" or "Events."

(9) "Executive Director" means the Executive Director appointed by the Board under Section 63O-2-401, or a designee supervised by the Executive Director.

(10) "Facility Use Application" (Application) means a form approved by the Executive Director used to apply to reserve Capitol Hill Facilities or Capitol Hill Grounds for an Event.

(11) "Facility Use Permit" (Permit) means a written permit issued by the Executive Director authorizing the use of an area of the Capitol Hill Complex for an Event in accordance with this rule.

(12) "Free Speech Activity" is as defined in Rule R131-11.

(13) "Cafe Operator" means a cafe operator who may from time to time be under contract with the Board to provide food or beverages on a semi-permanent basis at a designated location at the Capitol Hill Complex and who may be allowed to cater in other areas on the Capitol Hill Complex.

(14) "Opaque" means impenetrable to sight.

(15) "Private Activity" means an Event sponsored by private individuals, businesses or organizations that are not Commercial Activities or Community Service Activities.

(16) "Authorized Caterer" means a person or entity authorized to provide catering services on the Capitol Hill Complex and is not the Cafe Operator.

(17) "Solicitation" is as defined in Rule R131-10.

(18) "State" means the state of Utah and any of its agencies, departments, divisions, officers, legislators, members of the judiciary, persons serving on state boards or commissions, and their employees.

(19) "State Sponsored Activity" means any event sponsored by the state that is related to official state business. Official state business does not include award ceremonies, lobbying activities, retirement parties, or similar social parties, social activities, or social events. Management retreats may be considered a State Sponsored Activity if it has a supporting agenda and documentation establishing that the primary purpose of the retreat is to conduct official state business. To be considered a State Sponsored Activity, such activity must obtain written approval from the Executive Director.

(20) "Users" means any person that uses the Capitol Hill Complex as well as any applicant for a Facility Use Permit.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-4 Facility Use Permit - Application

(1) Each User seeking to hold an Event or Solicitation at the Capitol Hill Complex shall submit a completed Facility Use Application at least 14 calendar days before the anticipated date of the Event or Solicitation. Applications may not be submitted, and facilities will not be scheduled, more than 365 calendar days before the date of the Event or Solicitation. An applicant may only make one application for one continuous Event or Solicitation at a time. For a State Sponsored Activity that involves a reoccurring meeting schedule, one application may be used for all the reoccurring meetings. For all Events, other than a State Sponsored Activity or Free Speech Activity, there shall be a non-waivable and non-refundable application processing fee, which shall be paid at the time of submission of the application.

(2) The Executive Director shall provide a Facility Use Permit Application form. The form shall request, and applicants shall provide all necessary information, including all material aspects of the proposed Event or Solicitation. This necessary information is required even if the applicant requests a waiver. The application shall include the following information:

(a) the applicant's organization's name, address, telephone number and email address;

(b) the names and addresses of the persons responsible for supervising the Event during set up, take down, clean up and the duration of the Event;

(d) the name and address of the legally recognized agent for service of process;

(e) a specific description of the area of the Capitol Hill Facility or Capitol Hill Grounds being requested for use;

(f) the type of proposed activity and the number of anticipated participants;

(g) the dates and times of the proposed activity and a description of the schedule and agenda of the Event or Solicitation;

(h) a complete description of equipment and apparatus to be used for the Event or Solicitation;

(i) any other special considerations or accommodations being requested; and

(j) whether the applicant requests exemption or waiver of any requirement of this rule or provision of the Facility Use Application.

(3) In addition, the applicant shall submit with the Facility Use Application:

(a) documentation supporting any requested exemption or waiver;

(b) proof of liability insurance covering the applicant and the Event or Solicitation in the amount as identified in the Schedule of Costs and Fees as referred to in Subsection R131-2-7(1)(a);

(c) a deposit and down payment in the amounts as identified in the Schedule of Costs and Fees as described in Subsection R131-2-7(1)(a) for the type of Event or Solicitation proposed; and

(d) other information as requested by the Executive Director.

(4) Applications shall be reviewed by the Executive Director for completeness, activity classification, costs, and fees.

(5) Priority for use of the Capitol Hill Complex will be given to applications for a State Sponsored Activity. During the hours of legislative sessions, priority will be given to a Free Speech Activity over Commercial Activities, Community Service Activities, and a Private Activity. Otherwise, applications will be approved, and requested facilities reserved, on a first-come, first-serve basis.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-5 Facility Use Permit - Denial - Appeal - Cancellation - Revocation - Transfer

(1) Within ten working days of receipt of a completed application, the Executive Director shall issue a Facility Use Permit or notice of denial of the application.

(2) The Executive Director may deny an application if:

(a) the application does not comply with the applicable rules;

(b) the Event or Solicitation would conflict or interfere with a State Sponsored Activity, a time or place reserved for a Free Speech Activity, the operation of state business, or a legislative session; or

(3) The Executive Director may place conditions on the approval that alleviates such concerns.

(4)(a) If the applicant disagrees with a denial of the application or conditions placed on the approval, the applicant may appeal the Executive Director's determination by delivering the written appeal and reasons for the disagreement to the Executive Director within five working days of the issuance of the notice of denial or approval with conditions.

(b) Within ten working days after the Executive Director receives the written appeal, the Executive Director may modify or affirm the determination.

(c) If the matter is still unresolved after the issuance of the Executive Director's reconsideration determination, the applicant may appeal the matter, in writing, within ten working days to the Board's Chairperson, or their designee, who will determine the process of the appeal.

(d) The applicant may appeal the Chairperson's, or the Chairperson's designee's, determination in writing within ten working days of receipt of the written determination, by submitting a written appeal at the Board's office. The Board shall consider the appeal at its next regularly scheduled meeting.

(5) Facility Use Permits are non-transferable. The purpose, time, place, and other conditions of the Facility Use Permit may not be changed without the advance written consent of the Executive Director. At least 30 calendar days' advance written notice is required for the applicant to request a change in the date, time or place of the Event or Solicitation. If there is no conflict with another scheduled Event or Solicitation, the Executive Director may adjust the Facility Use Permit in regard to the date, time or place based upon the request.

(6) An Event or Solicitation may be re-scheduled if the Executive Director determines that the Event or Solicitation will conflict with a governmental function, Free Speech Activity or State Sponsored Activity.

(a) The Executive Director may revoke any issued Permit if this Rule R131-2, any applicable law, or any provision of the Permit is being violated. The Permit may also be revoked if the safety or health of any person is threatened.

(b) The applicant may cancel the Permit and receive a full refund of fees and any deposits if written notice of cancellation is received by the Executive Director at least 30 calendar days before the scheduled Event or Solicitation. Failure to timely cancel the Event or Solicitation will result in the forfeiture of any deposit and fees.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-6 General Requirements for Use of the Capitol Hill Complex

These are the requirements for use of the Capitol Hill Complex. Pursuant to Subsection 53-8-105(1), the Highway Patrol shall enforce the state law and rules governing the use of the Capitol Hill Complex.

(1) General Requirements.

(a) This Section R131-2-6 shall apply to a Free Speech Activity, and to all Events, Solicitations and Users.

(b) On state holidays, the Capitol building will be open to the general public from 7 a.m. to 6 p.m. Otherwise the Capitol building will be open to the general public Monday through Thursday from 7 a.m. until 8 p.m. and on Friday through Sunday from 7 a.m. to 6 p.m. A Free Speech Activity may be conducted beyond the times identified in this subsection, as specified in Rule R131-11. Unless otherwise authorized, Capitol Hill Facilities and Capitol Hill Grounds, including the Capitol Rotunda, are available for permitted use, activities, or events from 8 a.m. to 11 p.m. The hours that the Capitol building, Capitol Hill Facilities and Capitol Hill Grounds, including the Capitol Rotunda, are open to the public or available for permitted use, activities, or events, may be modified by the Board.

(d) No Event or Solicitation may disrupt or interfere with any legislative session, legislative meeting, or the conduct of any state or governmental business, meeting or proceeding on the Capitol Hill Complex. No person shall unlawfully intimidate or interfere with persons seeking to enter or exit any facility, or use of the Capitol Hill Complex.

(e) Levels of audible sound generated by any individual or group, indoors or on the plaza between the Rebecca D. Lockhart House Building and Senate Building, whether amplified or not, may not exceed 85 decibels or a more restrictive limit established by applicable laws or ordinances. All outdoor Events may not exceed noise limits established by applicable laws or ordinances.

(f) Fire exits, staircases, doorways, roads, sidewalks, hallways, and pathways may not be blocked, and the efficient flow of pedestrian traffic may not be obstructed at any time.

(g) Alteration and damage to the Capitol Hill Grounds including grass, plants, shrubs, trees, paving, or concrete is prohibited.

(h) No object or substance of any kind shall be placed on or in the Capitol Plaza fountain. Any specie placed in the fountain is the property of the state. Standing on or in the fountain is prohibited. Harassing waterfowl in the fountain is prohibited.

(i) All costs to repair any damage or replace any destruction, regardless of the amount or cost of restoration or refurbishing, shall be at the expense of the persons responsible for such damage or destruction.

(j) The consumption, distribution, or open storage of alcoholic beverages is prohibited. There shall also be compliance with Section 32B-4-415.

(k) Service animals, emotional support animals and law enforcement animals are permitted in Capitol Hill Facilities, but the presence of other animals in Capitol Hill Facilities is allowed only with advance written permission of the Executive Director. Service animals, emotional support animals, law enforcement animals and domestic pets are permitted on the Capitol Hill Grounds. Users are responsible for the safety of their animals, other Users, the Capitol Hill Grounds and Capitol Hill Facilities. Pet waste stations are provided on the Capitol Hill Grounds. A User whose animal defecates on the Capitol Hill Grounds shall immediately clean up all feces and place it in a waste station. A User whose animal defecates or urinates in Capitol Hill Facilities shall immediately clean it up. Any animal acting aggressively or which attacks, chases, or worries a User or other animal at the Capitol Hill Complex or which reasonably appears to constitute a danger or nuisance to the Capitol Hill Complex or Users shall be immediately removed from the Capitol Hill Complex.

(l) Camping is prohibited on the Capitol Hill Complex.

(m) Littering is prohibited.

(n) Commercial Solicitation as defined in Rule R131-10 is prohibited except as provided in Rule R131-10.

(o) The use of a personal space heater is prohibited, except as provided in Subsection (i).

(i) Any person with a medical related condition may obtain approval by the Executive Director to use a personal space heater provided the person submits a signed statement by a Utah licensed physician verifying that the medical related condition requires a change in the standard room temperature and the use of the space heater meets the specifications in Subsection (ii).

(ii) If a space heater is approved by the Executive Director, the space heater may not exceed 900 watts at its highest setting, be equipped with a self-limiting element temperature setting for the ceramic elements, have a tip-over safety device, be equipped with a built-in timer not to exceed eight hours per setting, be equipped with a programmable thermostat, and be equipped with an overheat protection feature.

(p) Tables, chairs, furniture, art, and other objects in the Capitol building shall only be moved by the Executive Director's staff. No outside furniture, including tables or chairs, shall be allowed in the Capitol building or any other Capitol Hill Facilities without the advance written approval of the Executive Director.

(q) Temporary enclosures including privacy changing tents, are prohibited, without the advance written approval of the Executive Director, provided this rule does not prohibit the use of construction trailers or temporary toilets by authorized contractors.

(2) Decorations.

(a) All cords must be taped down with 3M #471 tape or equivalent as determined by the Executive Director.

(b) There shall be no posting or affixing of placards, banners, or signs to any part of the Capitol Hill Complex. All signs or placards used at the Capitol Hill Complex shall be handheld.

(c) No adhesive material, except for tape as provided in Subsection (a), wire, nails, or fasteners of any kind may be used on the Capitol Hill Complex.

(d) Nothing may be used as a decoration, or be used in the process of decorating, that marks or damages structures.

(e) All decorations and supporting structures shall be temporary.

(f) Any writing or use of ink, paint or sprays applied to any area of any building is prohibited.

(g) Users may not decorate the inside or outside of any Capitol Hill Facilities or any portion of the Capitol Hill Grounds without the advance written approval of the Executive Director. Users must submit any decoration requests in writing to the Executive Director at least ten working days in advance.

(h) Signs, posters, decorations, displays, or other media shall follow the state law regarding Pornographic and Harmful Materials and Performance, Sections 76-10-1201 through 76-10-1238.

(i) Leaving any items against the exterior or interior walls, pillars, busts, statues, portraits or staircases of the Capitol building is prohibited.

(j) Balloons are not allowed inside the Capitol building.

(k) In areas subject to the jurisdiction of the Board, excepting curtains, blinds, or other window treatments approved in writing by the Executive Director, no objects, signs, flags, posters, stickers, or banners may be affixed to or placed, exhibited or displayed in, on or about the exterior windows of a building in any manner that such are visible from the outside of the building and may not hinder, obscure, or block in any manner the view of emergency personnel in identifying the source or location of a fire.

(3) Set up and Clean up.

(a) All deliveries and loading or unloading of materials shall be limited to routes and elevators as specified by the Executive Director.

(b) All decorations, displays and exhibits shall be taken down by the designated end time of the event in a manner that is least disruptive to state business.

(c) Users shall leave all Capitol Hill Facilities and the Capitol Hill Grounds in their original condition and appearance.

(4) Parking.

(a) Parking is limited. All posted parking restrictions on the Capitol Hill Complex, including reserved parking stalls, shall be observed. Except when necessary to avoid conflict with other traffic, or in compliance with law, the directions of a peace officer, or a traffic-control device, a person may not stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers in a parking space identified as reserved for specific users, without:

(i) Approval of the Executive Director; and

(ii) A properly displayed placard or other identifying marker approved by the Executive Director to show this approval.

(b) Parking for large vehicles or trailers shall require the prior approval of the Executive Director, which approval may be withheld if the large vehicle or trailer may interfere with the access or use of the Capitol Hill Complex.

(5) Compliance with Laws.

(a) Users shall conform to all applicable and constitutional laws and requirements, including health, safety, fire, building and other codes and similar requirements. Occupancy limits as posted in or applicable to any public area will dictate, unless otherwise limited for public safety, the number of persons who can assemble in the public areas. Under no circumstance will occupancy limits be exceeded. State Capitol security personnel shall use reasonable efforts to ensure compliance with occupancy, safety, and health requirements.

(b) Safety requirements as used in this rule include safety and security requirements made known to the Executive Director by the Utah Department of Public Safety or the federal government for the safety and security of special events or persons on the Capitol Hill Complex.

(c) "No Smoking" statutes, rules, and policies, including the Utah Indoor Clean Air Act, Title 26, Chapter 38, shall be observed.

(d) The following are all prohibited: Open flames; flammable fluids; candles with flames; burning incense; smoke; fog machines; disseminating dust, powder, glitter, or confetti; and explosives; except that a gelled alcohol food warming fuel used for food preparation or warming, whether catered or not, is allowed provided that it is in:

(i) a one-ounce capacity container (29.6 ml) on a noncombustible surface; or

(ii) a container on a noncombustible surface, not exceeding one quart (946.g ml) capacity with a controlled pouring device that will limit the flow to a one ounce (29.6 ml) serving.

(e) All persons must obey all applicable firearm laws, rules, and regulations.

(6) Security and Supervision.

(a) The Facility Use Application shall be reviewed by the senior ranking officer in charge of security for the Capitol Hill Complex, who shall determine the total number of uniformed security officers required for the proposed Event based upon the nature of the Event and the risk factors that are reasonably anticipated. Such determination by the senior ranking officer may increase the minimum number of required officers stated in this subsection. At a minimum: one uniformed security officer shall be required for any Event consisting of 1-399 participants; two uniformed security officers shall be required for any Event consisting of 400 or more participants. The applicant shall pay, in addition to all other required fees, the cost of the providing of all required security officers. These security fees may not be waived. This subsection does not apply to a Free Speech Activity or a State Sponsored Activity.

(b) At least one representative of the applicant identified in the application and Permit shall be present during the entire activity.

(c) The activity sponsor or Permit holder is responsible for restricting the area of use by participants to the specified room and rest room areas of the reserved facilities.

(d) The activity sponsor or Permit holder shall control entrances to allow only authorized persons to enter any permitted facility or grounds.

(7) Photography, Portraits, Video and Filming.

(a) Any photography, videotaping or filming, shall require advance notice to, and permission from the Executive Director for scheduling.

(b) Any photography, videotaping or filming, which includes wedding participants and family portraits, and which may take place anywhere on the Capitol Hill Complex, will be required to comply with this rule.

(i) Such photography, videotaping or filming, may be scheduled by the Executive Director on Tuesday from 3 p.m. to 6 p.m., Friday from 12 noon to 6 p.m., and Saturday from 8 a.m. to 4 p.m. The Executive Director may allow a different time than specified in this subsection upon written request and if the Executive Director determines that such other time can be accommodated by any necessary state personnel and does not conflict with state business and any other scheduled Events. The Executive Director may reschedule as needed to accommodate Events and state business whether scheduled or not.

(ii) Inside the Capitol building, such photography, videotaping or filming may occur in the following areas: the East grand stairs, the West grand stairs, and the center of the Rotunda or other areas as approved by the Executive Director.

(iii) A processing fee shall be required for such photography, videotaping or filming. Additionally, a deposit may be required to cover the costs of any anticipated cleanup by the state after the photography, videotaping or filming. These fees shall be described in the Schedule of Costs and Fees approved by the Board.

(c) Any photography, videotaping or filming that is for promoting any private business purposes, including television commercials, movies, and photography for business advertising, shall be required to submit a Facility Use Application, pay the required fee from the Schedule of Costs and Fees approved by the Board, and the time and location must be approved by the Executive Director.

(d) Unless specifically endorsed by an authorized official of the state, any photography, videotaping or filming may not expressly or impliedly indicate any state endorsement of any product, service, or any other aspect of the depiction.

(e) Subsection (7) does not apply to tourists and does not apply to the extent it is the exercise of a Free Speech Activity.

(8) Liability.

(a) The state, Board, Executive Director and their designees, employees and agents may not be deemed in default of any issued Permit, or liable for any damages if the performance of any or all of their obligations under the Permit are delayed or become impossible because of any act of God, terrorism, war, riot or civil disobedience, epidemic, strike, lock-out or labor dispute, fire, or any other cause beyond their reasonable control.

(b) Except as required by law, the state may not be held responsible for any property damage or loss, nor any personal injury sustained during, or as a result of, any use, activity, Event, or Solicitation.

(c) Users or applicants shall be responsible for any personal injury, vandalism, damage, loss, or other destruction of property caused by the User or applicant or an attendee at the User's or applicant's Event.

(9) Indemnification. Individuals and organizations using the Capitol Hill Complex do so at their own risk and shall indemnify and hold harmless the state from and against any suits, damages, claims or other liabilities due to personal injury or death, and from damage to or loss of property arising out of or resulting from the conduct of such use or activities on the Capitol Hill Complex.

(10) Food Services, Cafe Operator and Authorized Caterer Requirements.

(a) In General. Catering services on the Capitol Hill Complex shall be exclusively provided by the Cafe Operator and Authorized Caterer for those areas of the Capitol Hill Complex under the jurisdiction of the Board and to the extent expanded by the Legislative Management Committee or the Governor's Office, whichever applies. Multiple Authorized Caterers may be approved by the Executive Director. The Cafe Operator shall be responsible for all activities in the kitchen, servery, dining and conference rooms associated with the dining room of a cafe which may be located on the Capitol Hill Complex in an area to be designated by the Board (the Cafe). The Cafe Operator shall have the exclusive right to provide food and beverages in the Cafe but may give permission for an Authorized Caterer to provide food and beverages in the Cafe.

(b) Authorized Caterer Requirements. To qualify as an Authorized Caterer, an application must be approved by the Executive Director based on meeting the following requirements:

(i) Quality Control Policies. The Authorized Caterer must have quality control policies that meet the requirements established by the Executive Director. The Executive Director shall provide a form describing the minimum standards.

(ii) Application Form. A person or entity seeking to be an Authorized Caterer shall complete an application form approved by the Executive Director.

(iii) Insurance. A Certificate of Insurance shall be provided to the Executive Director for all the following insurance and such insurance shall be maintained throughout the term of the catering event and for at least one year thereafter:

(A) The Authorized Caterer shall maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000. The Authorized Caterer shall also maintain, if applicable to the Authorized Caterer's operations or the specific activity, Business Automobile Liability insurance covering the Authorized Caterer's owned, non-owned, and hired motor vehicles with liability limits of at least $1,000,000 per occurrence. Such insurance policies shall be endorsed to be primary and not contributing to any other insurance maintained by the Board or the state.

(B) The Executive Director reserves the right at any time to require additional coverage from that required in this rule, at the Authorized Caterer's expense for the additional coverage, based upon the specific risks presented by any proposed Event and as recommended by the state's Risk Manager.

(C) The Authorized Caterer shall maintain all employee related insurances, in the statutory amounts, such as unemployment compensation, worker's compensation, and employer's liability, for its employees or volunteers involved in performing services pursuant to the Event. Such worker's compensation and employer's liability insurance shall be endorsed to include a waiver of subrogation against the state, the Board, its agents, officers, directors, and employees. The Authorized Caterer shall also maintain "all risk" property insurance at replacement cost applicable to the Authorized Caterer's property and its equipment.

(D) The Authorized Caterer's insurance carriers and policy provisions must be acceptable to the state's Risk Manager and remain in effect during the catering Event and for at least one year thereafter. The Board shall be named as an additional insured on the Commercial General Liability insurance policy. The Authorized Caterer will cause any of its subcontractors, who provide food, beverages, equipment, or materials or perform services related to the catering services, to also maintain the insurance coverages and provisions required of the Authorized Caterer.

(E) The Authorized Caterer shall submit certificates of insurance as evidence of the required coverage to the Executive Director before entering into a contract related to the catering Event. Such certificates shall provide the Executive Director with 30 calendar days written notice before the cancellation or material change of the applicable coverage, as evidenced by return receipt or certified mail, sent to the office of the Executive Director.

(iv) Indemnification: The Authorized Caterer shall hold harmless, defend and indemnify the state, the Board and its officers, employees, and agents from and against any acts, errors or omissions which may cause damage to property or persons, claims, losses, damages to the Capitol Hill Complex, causes of action, judgments, damages and expenses including attorney's fees because of bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of the negligent acts or omissions or willful misconduct of the Authorized Caterer, or its agents, employees subcontractors or anyone for whom the Authorized Caterer may be liable, except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the Board, its officers, employees or agents.

(v) Record Keeping and Audit Rights: The Authorized Caterer shall maintain accurate accounting records for all goods and services provided and shall retain all such records for a period of at least three years from the date of the catering service. Upon reasonable notice and during normal business hours, the Board, or any of its authorized representatives, shall have access to and the right to audit any records or other documents pertaining to the Authorized Caterer. The Board's audit rights shall extend for a period of at least three years from the date of the catering service.

(vi) Equal Opportunity: The Authorized Caterer may not unlawfully discriminate against any employee, applicant for employment, or recipient of services.

(vii) Taxes: The Authorized Caterer shall be responsible for and pay all taxes which may be levied or incurred against the Authorized Caterer, including taxes levied or incurred against Authorized Caterer's income, inventory, property, sales, or other taxes.

(viii) Tax Exemption: The Board is exempt from state sales and excise taxes. Exemption certification information appears on all purchase orders issued by the Board and such taxes will not apply to the Board.

(ix) Suspension or Debarment. The Authorized Caterer must notify the Executive Director within ten calendar days if debarred or suspended by any governmental entity.

(x) Comply with Facility Use Rules. The Authorized Caterer shall comply with all the Facility Use Rules enacted by the Board. Upon submission of any evidence to the Executive Director that the Authorized Caterer has not complied with a rule enacted by the Board, the Authorized Caterer shall be removed from eligibility for providing any catering service on the Capitol Hill Complex for a period as determined by the Executive Director and consistent with Section 63G-6a-904.

(xi) Inspection. The Board or the Executive Director reserves the right to inspect the Authorized Caterer's facilities and operations with respect to use, safety, sanitation, and the maintenance of premises which shall be maintained at a level satisfactory to the Board.

(xii) Utilities. The Authorized Caterer shall exercise due care to keep utility services at a minimum, conserve the use of energy and water, and control the resulting costs.

(xiii) Food Handlers Permits. All the Authorized Caterer's employees must have a current Food Handlers Permit. Documentation shall be promptly provided upon request of the Executive Director that establishes that all employees and temporary employees have valid Food Handlers Permits.

(xiv) The Authorized Caterer must have a locally grown food quality assurance program which covers the food or products that are not provided by nationally recognized vendors.

(xv) Fees and costs associated with catering services, including the Cafe Operator or the Authorized Caterer, shall be the responsibility of the applicant and cannot be waived.

(xvi) Security.

(A) An Authorized Caterer shall provide to the Executive Director at least 24 hours in advance of any catered Event, a list of all full-time and part-time employees that will be involved with the catering service on the Capitol Hill Complex.

(B) The applicant shall be assessed a fee to provide for the presence of at least one Board employee to be present and to assist with ingress and egress from the Capitol Hill Complex, set up, coordination and assurance of appropriate performance under this rule as well as timely and appropriate cleanup after the event. This fee cannot be waived.

(11) Public Notices, Employee Postings, Required Use of Bulletin Boards.

(a) Notices of Capitol Hill Complex meetings, information or announcements related to state or other governmental business shall be posted at Executive Director approved locations. If any posting is to be done by a person not officed in the Capitol Hill Complex, the Executive Director shall be notified before the posting for approval of the locations and duration of the posting. Such persons are also responsible to remove the notices after the related meeting or activity within 24-48 hours.

(b) Posting of handbills, leaflets, circulars, advertising, or other printed materials by state employees officed in the Capitol Hill Complex shall be on Executive Director approved bulletin boards.

(12) Dress. Appropriate apparel shall be worn at all times by Users of the Capitol Hill Complex.

(a) Appropriate apparel means, at a minimum, apparel that fully covers with opaque material:

(i) the chest, which shall mean the front surface of the human body between the neck and the abdomen;

(ii) the pubic area and genitals; and

(iii) the anus and buttocks, including the cleft of the buttocks.

(b) Users shall wear shoes, boots, sandals or equivalent footwear at all times while at the Capitol Hill Complex.

(c) A User breast feeding, including breast feeding in any location where the User otherwise may rightfully be, does not under any circumstance constitute an act prohibited by this rule, irrespective of whether or not the breast is covered during or incidental to feeding.

(d) This rule does not prohibit the exposure of any body part of a user as a result of or incidental to a disability or medical emergency.

(13) No user or person shall operate an "electric assisted bicycle," "electric personal assistive mobility device," "moped," "motor assisted scooter," "motorcycle," "motor-driven cycle," "mini-motorcycle," "autocycle," or "off-highway vehicle," as those terms are defined in Section 41-6a-102.

(14) Enforcement of Rules.

(a) A violation of a rule in Rules R131-1 through R131-16 relating to the use of the Capitol Hill Complex is an infraction under Subsection 63O-2-301(2)(b). If an act violating a rule subject to Subsection 63O-2-301(2)(b) also amounts to an offense subject to a greater penalty under Title 32B, Alcoholic Beverage Control Act, Title 41, Motor Vehicles, Title 76, Utah Criminal Code, Section 76-8-301, Interference with Public Servant, Section 76-9-102, Disorderly Conduct, or other provision of state law, Subsection 63O-2-301(2)(b) does not prohibit prosecution and sentencing for the more serious offense;

(b) In addition to any punishment allowed under Subsection 63O-2-301(2)(b), pursuant to Subsection 63O-2- 301(2)(d), a person who violates a rule adopted by the Board is subject to a civil penalty not to exceed $2,500 for each violation, plus the amount of any damages, expenses, and costs related to the violation of the rule that are incurred by the state; and

(i) Civil or criminal enforcement;

(ii) removal from the Capitol Hill Complex;

(iii) make an arrest; or

(iv) cancel the subject Event or activity.

(15) Waivers.

The Executive Director may waive the requirements of Section R131-2-6 provided that Section R131-2-6 does not specifically state that it is non-waivable, upon being presented with compelling reasons that the waiver will substantially benefit the public of the state and that the Capitol Hill Complex and Users of the Capital Hill Complex will be appropriately protected. Any approved waiver must still require compliance with this rule. The waiver request must be submitted in writing to the Executive Director and must accompany any required Facility Use Application. Conditions may be placed on any approved waiver by the Executive Director to assure the appropriate protection of the Capitol Hill Complex and Users of the Capitol Hill

Complex. An appeal of a denial or the conditions of such waiver may be filed and processed similarly to the denial of a Facility Use Application as described in Section R131-2-5.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-7 Fees and Charges

(1) Fees.

(a) Application Fee. There shall be an application fee for a Facility Use Permit to cover the cost of processing the application, as specified on the Board's Schedule of Costs and Fees. This fee is separate from rental and other fees.

(b) Rental of Space Fee. Persons using the Capitol Hill Complex pursuant to a Facility Use Permit shall be charged a rental of the space fee as specified on the Board's Schedule of Costs and Fees.

(c) Security Fee. A security fee shall also be assessed as provided in this rule, as specified on the Board's Schedule of Costs and Fees.

(d) Rental of Equipment fee. A rental of equipment fee shall be assessed as specified on the Board's Schedule of Costs and Fees.

(e) Room Setup Fees. The Board's Schedule of Costs and Fees shall provide for room setup fees.

(f) Additional Board Staff fee. If an applicant requests that additional Board staff be present for an Event, then an additional fee shall be assessed.

(g) Authorized Caterer Fee. Any fee or costs of an Authorized Caterer are the responsibility of the applicant. The state, the Capitol Preservation Board, State Officials, employees, and anyone for whom the state may be liable, shall have no liability for such fee or costs owed to the Authorized Caterer.

(h) A "Schedule of Costs and Fees" is available during regular working hours at the Executive Director's office. This Schedule of Costs and Fees shall include all the fees referred to in this Section R131-2-7. Additionally, fees may be assessed for technology assistance, recording, insurance coverage, cleaning, and repairs. The Schedule of Costs and Fees may have special fees for Community Service Activities, state employee events, including state employee recognition events, state retirement events, or state employee holiday or social events. There are no fees for a Free Speech Activity, except costs for requested use of state equipment or supplies shall be assessed in accordance with the Schedule of Costs and Fees. State Sponsored Activities may not be required to pay any fees under this rule.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-8 Specific Facilities

The following applies to all Events and Solicitations, except for a Free Speech Activity.

(a) Use of caucus rooms, committee rooms, the House of Representatives or Senate Chambers will be separately administered by the legislative branch. Requests for all other rooms must be submitted in writing to the Executive Director for scheduling and staffing. If the requested room is under the control of the Governor, the judiciary, or other elected officials or appointed officials, the Executive Director shall forward the request to the appropriate representative of such branch of government or elected or appointed official. The Executive Director will notify the applicant of the approval or denial of the requested space by the approving organization.

(b) During legislative sessions, legislative meetings or other legislative activities, use of the legislative space will be subject to the applicable legislative rules.

(c) The Gold Room and all other areas controlled by the Governor in the Capitol building shall be available in accordance with Section 67-1-16.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-9 Use of White Community Memorial Chapel

(1) The following rules for the White Community Memorial Chapel shall also be observed:

(a) Fire Marshal occupancy limits may not be exceeded.

(b) The kitchen is for the exclusive use of the Authorized Caterer. No private caterer shall be allowed to use the White Community Memorial Chapel and its grounds. Users may use the full rest room facilities.

(c) The White Community Memorial Chapel will be available from 7 a.m. until midnight, seven days a week, 365 days a year unless otherwise specified by the Board.

(d) If no wedding or Event is scheduled the day before the scheduled wedding or Event, the applicant may be allowed to use the White Community Memorial Chapel the day before from noon to midnight for rehearsal or decorative purposes for an additional fee as identified on the Board's Schedule of Costs and Fees.

(e) All users must complete the Facility Use Permit Application and comply with all the Permit requirements listed under Section R131-2-4.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-10 Procedure for Receiving and Deciding Complaints Regarding the Access or Use of the Capitol Hill Complex

(1) Any person that has a complaint regarding the access or use of the Capitol Hill Complex may file such complaint in writing with the Executive Director.

(2) The Executive Director will issue a written determination within 30 calendar days of the filing of the complaint or such longer time period as agreed to by the complainant.

(3) If the Executive Director does not issue a determination within the time period for such determination, or if the complainant does not agree with the Executive Director's determination, then the complainant may file a written appeal no later than ten calendar days after the expiration of such time period. The written appeal shall be delivered to the office of the Executive Director and shall be considered by the Chairperson of the Board or the Chairperson's designee.

(4) The Chairperson, or the Chairperson's designee, as applicable, will issue a written determination within 30 calendar days of the filing of the appeal or such longer time period as agreed to by the complainant.

(5) If the Chairperson, or the Chairperson's designee, as applicable, does not issue a determination within the time period for the Chairperson's determination or if the complainant does not agree with the Chairperson or Chairperson's designee's determination, the complainant may file a written appeal to the Board no later than ten calendar days after the expiration of such time period. The written appeal to the Board shall be delivered to the office of the Executive Director.

(6) Upon the filing of a timely appeal to the Board, the appeal shall be scheduled to be heard at the next regularly scheduled meeting of the Board.

(7) This is considered to be an administrative remedy for complaints regarding the access or use of the Capitol Hill Complex, and to the extent allowed by law, shall be considered an administrative remedy that must be exhausted before any legal action.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

Utah Admin. Code R131-2-11 Fees and Charges During Legislative Session

During the regular Utah Legislative Session, from the hours of 7 a.m. to 5:30 p.m., Monday through Friday, the facility use fees for specific rooms and spaces shall be reduced as follows:

(1) Facilities on Capitol Hill are available on a first-come first-serve basis, subject to preemption for State Sponsored Activities and any need to reserve or close off spaces for security reasons as advised by the Department of Public Safety.

(a) Subject to this Section R131-2-11, the following rooms may be reserved with no room rental being assessed:

(i) Kletting Room located in the Senate Building;

(ii) Olmstead Room located in the Senate Building;

(iii) Aspen Room located in the Senate Building;

(iv) Beehive Room located in the Senate Building;

(v) Seagull Room located in the Senate Building;

(vi) Copper Room located in the Senate Building;

(vii) Room 105 located in the Capitol; and

(viii) Room 170 located in the Capitol.

(b) These rooms identified in Subsection R131-2-11(1)(a) may be reserved when the Utah Legislature is meeting in regular session in 4-hour blocks a day for a maximum of eight total hours per week, and not concurrently.

(2) The Capitol Rotunda or Hall of Governors facilities may be reserved during the hours the Utah Legislature is meeting in regular session with no fee for the space rental itself being assessed subject to the following:

(a) The reservation shall be for a maximum of two hours which must be in one block of hours; and

(b) Priority shall be given to those Events that are related to the regular session of the Utah Legislature.

(3) This Section R131-2-11 does not prohibit the rental of these rooms for the standard fees when rental is beyond the time restrictions set forth in this Section R131-2-11.

(a) Registration, application, janitorial and all other associated set up and security fees that would apply if the rental was not during the Utah Legislature's regular session, shall be assessed.

(b) Those persons or entities reserving or using the facilities shall leave the space as they found it in a clean and orderly manner and comply with the Facility Use Rule, R131-2.

(c) The janitorial fee will only be assessed if, in the opinion of the Executive Director, the work required to prepare the room for the next user is beyond what is expected and reasonable. Charges for any such required janitorial services shall be assessed in half hour increments of $50 per hour per janitorial worker.

(d) The registration or application fee shall be assessed at the rate of one rental even if the registration or application includes more than one reservation. Multiple reservations on one application form for reservations during the Utah Legislature's regular session are encouraged to best coordinate all the reservations.

History

KEY: public buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301.

R131-3 Use of Magnetometers on Capitol Hill

Utah Admin. Code R131-3-1 Authority

Subsection 63O-2-301(2)(a) requires the Capitol Preservation Board to make rules to govern, administer, and regulate Capitol Hill Facilities and Capitol Hill grounds.

History

KEY: public buildings, state buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: April 20, 2022
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2)

Utah Admin. Code R131-3-2 Definitions

(1) Terms used in this rule are defined in Section 63O-1-101.

(2) In addition:

(a) "Magnetometer" means a device that electronically detects the presence of ferrous metals from their effect on the magnetic field surrounding the earth.

(b) "Capitol Hill identification card" means a valid identification card issued or recognized by the Board with a picture, individual name, and department identifying the person as a state elected or appointed official or state employee. A Capitol Hill identification card for this purpose does not include a card issued to an individual who is not a state elected or appointed official or state employee.

(c) "Capitol Hill security personnel" means the Commissioner of the Utah Department of Public Safety, their designees, and Utah Highway Patrol, as provided in Sections 53-1-109 and 53-8-105.

History

KEY: public buildings, state buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: April 20, 2022
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2)

Utah Admin. Code R131-3-3 Security Levels

(1) Notwithstanding any provision in this rule, under all security levels:

(a) Capitol Hill security personnel may increase, or lower security levels as provided in Section R131-3-4 and in all cases exercise the full authority and discretion granted to them by law to maintain public safety and peace and to enforce the law.

(b) The Executive Director may grant access to the Capitol Hill Complex to contractors and other third parties on a case-by- case basis as the Executive Director deems necessary or convenient for the operation, repair and maintenance of Capitol Hill Facilities and Capitol Hill Grounds.

(2) "Security level one"

(a) Any person entering Capitol Hill Facilities may be asked to register with Capitol Hill security personnel. No one is required to pass through a magnetometer.

(b) State elected and appointed officials and state employees holding valid Capitol Hill identification cards shall be allowed to enter at all entrances without registering or passing through a magnetometer.

(d) Bag searches may not be conducted.

(3) "Security level two"

(a) Except as provided in Subsection (3)(b), all persons entering Capitol Hill Facilities may be required to register with Capitol Hill security personnel and pass through a magnetometer.

(b) The Board shall provide designated "employee entrances" where state elected and appointed officials and state employees holding valid Capitol Hill identification cards shall be allowed to enter without registering. Capitol Hill security personnel may require state elected and appointed officials and state employees to pass through the magnetometers.

(c) Capitol Hill security personnel may require bag searches for persons entering Capitol Hill Facilities including state elected and appointed officials and state employees holding a valid Capitol Hill identification card.

(d) Building entry points or building access may be limited or restricted.

(4) "Security level three"

(a) Except as provided in Subsection (4)(b), all persons entering Capitol Hill Facilities may be required to register with Capitol Hill security personnel and pass through a magnetometer.

(c) Capitol Hill security personnel shall require bag searches for all persons entering Capitol Hill Facilities, including state elected and appointed officials and state employees.

(d) Building entry points and building access may be limited or restricted.

(5) "Security level four"

(a) Partial or full closure to the public of the Capitol Hill Complex, including Capitol Hill Facilities, Capitol Hill Grounds, and designated areas within the Capitol Hill Complex. Closures shall be based on an articulable significant threat to the safety of the public, Capitol Hill Complex employees, elected and appointed officials, the physical security of Capitol Hill Facilities, or Capitol Hill Grounds. Capitol Hill security shall provide written notification articulating the facts and circumstances of the threat and closure to the Board within 48 hours of closure.

(b) Capitol Hill security personnel shall designate employee entrances for State elected and appointed officials and employees holding valid Capitol Hill identification cards.

(c) Capitol Hill security personnel may require State elected and appointed officials and employees to pass through magnetometers and be subject to bag searches.

(d) Building entry points and building access may be limited or restricted at the discretion of Capitol Hill security personnel.

(e) Emergency closure of the Capitol Complex shall last as long as the threat exists, and closure is reasonably deemed necessary in response to the threat.

(f) In the event the Capitol Hill Complex remains closed after 30 days, Capitol Hill security shall provide to the Board in writing the justification for continued closure. The Board shall not be required to vote on the closure every 30 days, however, in the event written justification is not provided, the Capitol Hill Complex shall be reopened. Written justification for continued closure must be provided for every 30-day period of closure.

(g) The Board may, at any time, vote to end the closure as provided in Section R131-3-4, in which event the Capitol Hill Complex shall be reopened.

History

KEY: public buildings, state buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: April 20, 2022
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2)

Utah Admin. Code R131-3-4 Magnetometers

(1) By this rule, the Board authorizes the use of magnetometers by Capitol Hill security personnel. Magnetometers may be used for security levels two, three, and four.

(2) Capitol Hill security personnel may use magnetometers in Capitol Hill Facilities and on Capitol Hill Grounds after Capitol Hill security personnel determine that there is a justification for increasing security precautions to level two, three, or four. Depending on where the threat is focused, different Capitol Hill Facilities may be designated to be at different security levels. When practicable, the decision to increase security precautions at any Capitol Hill Facility shall be made in consultation with the Executive Director. Otherwise, the person making the determination to change from one security level to another, shall notify the Executive Director as soon as practicable after the decision is made.

(3) The Executive Director shall notify the members of the Board when the security level is changed. Any member of the Board may request a meeting of the full Board to examine further the decision to move to higher security levels. The Board may lower or raise the security level by a majority vote of the members present at the meeting. Capitol Hill security personnel may also reduce the security level depending on the security information received.

(4) The Board and Capitol Hill security personnel, while using magnetometers in Capitol Hill Facilities shall not impact or infringe upon the rights of persons to keep and bear arms in accordance with Utah Constitution Article I, Section 6, Title 53, Chapter 5, Part 7, Concealed Firearms Act and Title 76, Chapter 10, Part 5, Weapons. A person carrying a concealed firearm may be reasonably questioned by Capitol Hill security personnel as to facts relevant to the lawfulness of the person's carrying of a concealed firearm before being allowed to enter Capitol Hill Facilities with a concealed firearm.

History

KEY: public buildings, state buildings, facilities use
Date of Last Change: November 4, 2024
Notice of Continuation: April 20, 2022
Authorizing, and Implemented or Interpreted Law: 63O-2-301(2)

R131-4 Capitol Preservation Board General Procurement Rule

Utah Admin. Code R131-4-101 Compliance With Utah Procurement Code, as Amended by Senate Bill 179 of the 2014 Utah Legislative Session

(1) All provisions of this Rule R131-4-101 shall supersede any conflicting provisions or any provisions related to protests or appeals of this Rule R131-4, Capitol Preservation Board General Procurement Rule, as well any conflicting provisions or any provisions related to protests or appeals of Rule R131-1, Procurement of Architectural and Engineering Services.

(2) The purpose of the Utah Procurement Code in Section 63G-6a-102 is incorporated as part of this Rule R131-4 and Rule R131-1.

(3) The definitions of the Utah Procurement Code in Sections 63G-6a-103 and 63G-6a-104 shall apply to Rules R131-4 and R131-1 and in the case of conflict, shall supersede any other definitions in Rules R131-4 and R131-1.

(4) Procurements performed by the Division of Facilities Construction and Management or the Division of Purchasing, on behalf of the Capitol Preservation Board, shall be performed in accordance with the applicable Utah Procurement Code, Title 63G, Chapter 6a, provisions as well as the applicable administrative rules of the agency that is managing the procurement for the Capitol Preservation Board.

(5) Any exemption allowed under Section 63G-6a-107 shall be allowed notwithstanding any other provision in Rules R131-4 or R131-1.

(6) Notwithstanding any other provision in Rules R131-4 or R131-1, there shall be compliance with the federal contract prohibition provisions of the Sudan Accountability and Divestment Act of 2007 (Pub. L. No. 110-174) that prohibit contracting with a person doing business in Sudan.

(7) The prequalification process of Section 63G-6a-403 may be used and there is no cost amount threshold under Section 63G-6a-404 for use of any approved vendor list.

(8) Notwithstanding any other provision in Rules R131-4 or R131-1, public notice shall comply with Section 63G-6a-406.

(9) There shall be compliance with 63G-6a-408, Small Purchases, and Rule R131-4-409 sets the thresholds for purchases for the Capitol Preservation Board.

(10) A Request for Information under Part 5 of the Utah Procurement Code, Sections 63G-6a-5-1 through 63G-6a-505 may be used.

(11) Part 6 of the Utah Procurement Code, Bidding, Sections 63G-6a-601 through 63G-6a 612 shall apply to the Capital Preservation Board and supersede any conflicting provision in Rule R131-4.

(12) Part 7 of the Utah Procurement Code, Requests for Proposals, Sections 63G-6a-701 through 63G-6a-711 shall apply and supersede any conflicting provision in Rule 131-4.

(13) Section 63G-6a-802, regarding sole sources, shall apply to the Capitol Preservation Board and replace Rule R131-4- 410. There shall be a publication of notice for a sole source procurement in accordance with Section 63G-6a-406, if the cost of the procurement exceeds $50,000 except that no publication of notice is required if any of the following apply:

(a) the procurement of public utility services pursuant to a sole source contract; or

(b) any other procurement in which the specifications, in the reasonable discretion of the Executive Director, can only be met by one source.

(14) Section 63G-6a-803, Emergency Procurement, shall apply to the Capitol Preservation Board, and to the extent allowed by law, Rule R131-4-411 shall also apply.

(15) Part 9 of the Utah Procurement Code, Cancellations, Rejections, and Debarment, Sections 63G-6a-901 through 63G- 6a-905, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or R131-1.

(16) Part 10 of the Utah Procurement Code, Preferences, Sections 63G-6a-1001 through 1004, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or R131-1.

(17) Part 11 of the Utah Procurement Code, Bonds, Sections 63G-6a-1101 through 63G-6a-1105, shall apply to the Capitol Preservation Board and supersede and conflicting provisions in Rules R131-4 or R131-1.

(18) Part 12 of the Utah Procurement Code, Contracts and Change Orders, Sections 63G-6a-1201 through 63G-6a-1210, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 and R131-1.

(19) Part 13 of the Utah Procurement Code, General Construction Provisions, Sections 63G-6a-1301 through 63G-6a-1303, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or R131-1.

(20) Part 15 of the Utah Procurement Code, Architect-Engineer Services, Sections 63G-6a-1501 through 63G-61-1506, shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4 or Rule R131-1. An evaluation committee shall consist of at least three people who meet the same ethical requirements as an evaluation committee in a Request for Proposals process.

(21) The following statutes in the Utah Procurement Code shall apply to the Capitol Preservation Board and supersede any conflicting provisions in Rules R131-4-801 through R131-4-1001 as well as Rule 131-1:

(a) Part 16 of the Utah Procurement Code, Controversies and Protests, Sections 63G-6a-1601 through 63G-6a-1604. Intervention shall be allowed under identical procedures as specified in administrative rules enacted by the Procurement Policy Board in Title R33, Utah Administrative Code, of the State of Utah;

(b) Part 17 of the Utah Procurement Code, Procurement Appeals Board, Sections 63G-6a-1701 through 63G-6a-1706;

(c) Part 18 of the Utah Procurement Code, Appeals to Court and Court Proceedings, Sections 63G-6a-1801 through 63G- 6a-1802;

(d) Part 19 of the Utah Procurement Code, General Provisions Related to Protest or Appeal, Sections 63G-6a-1901 through 63G-6a-1911;

(e) Part 20 of the Utah Procurement Code, Records, Sections 63G-6a-2001 through 63G-6a-2004;

(f) Part 21 of the Utah Procurement Code, Interaction Between Procurement Units, Sections 63G-6a-2101 through 63G-6a- 2105; and

(g) Part 24 of the Utah Procurement Code, Unlawful Conduct and Penalties, Sections 63G-6a-2401 through 63G-6a-2407.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-102 Application of this Rule

(1) R131-4 applies only to contracts solicited or entered into after the effective date of this rule unless the parties agree to its application to a contract solicited or entered into prior to the effective date.

(2) Except as provided in R131-4-103, this rule shall apply to every expenditure of public funds irrespective of their source, including federal assistance, by the Capitol Preservation Board under any contract.

(3) Unless otherwise provided by statute, R131-4 does not apply to procurement of real property.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-103 Exemptions from this Rule

(1) R131-4 is not applicable to funds administered under the Percent-for-Art Program of the Utah Percent-for-Art Act.

(2) R131-4 is not applicable to grants awarded by the state or contracts between the state and local public procurement units except as provided in R131-4-901, Intergovernmental Relations.

(3) R131-4 shall not prevent the Capitol Preservation Board from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law.

(4) When a procurement involves the expenditure of federal assistance or contract funds, the chief procurement officer, executive director of the Capitol Preservation Board, shall comply with mandatory applicable federal law and regulations not reflected in R131-4.

(5) R131-4 may not supersede the requirements for retention or withholding of construction proceeds and release of construction proceeds as provided in Section 13-8-5.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-104 Records

(1) All procurement records shall be retained and disposed of in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

(2) Written determinations required by R131-4 shall also be retained in the appropriate official contract file of the Division of Purchasing and General Services or the Capitol Preservation Board.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-105 Definitions

As used in R131-4:

(1) "Acceptable bid security" means a bid bond which meets the requirements of this rule.

(2) "Architect-engineer services" are those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102.

(3) "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

(4) "Board" means the state of Utah Capitol Preservation Board created under Title 63C, Chapter 9.

(5) "Change order" means a written order signed by the executive director or duly appointed designee, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the executive director to order without the consent of the contractor or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. The executive director or duly appointed designee may also issue a construction change directive changing the scope and/or time of the contract which shall become a change order once either agreed to by the contractor or not objected to by the contractor by submission to the executive director of such objection in writing within 21 days of the delivery of the construction change directive to the contractor.

(6)(a) "Construction" means the process of building, renovation, alteration, improvement, or repair of any public building or public work.

(b) "Construction" does not mean the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.

(7)(a) "Construction manager/general contractor" means any contractor who enters into a contract for the management of a construction project when that contract allows the contractor to subcontract for additional labor and materials that were not included in the contractor's cost proposal submitted at the time of the procurement of the construction manager/general contractor's services.

(b) "Construction manager/general contractor" does not mean a contractor whose only subcontract work not included in the contractor's cost proposal submitted as part of the procurement of construction is to meet subcontracted portions of change orders approved within the scope of the project.

(8) "Contract" means any state agreement for the procurement or disposal of supplies, services, or construction.

(9) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement unit.

(10) "Cost data" means factual information concerning details; including expected monetary values for labor, material, overhead, and other pricing components which the contractor has included, or will include as part of performing the contract.

(11) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this rule, and a fee, if any.

(12)(a) "Design-build" means the procurement of architect-engineer services and construction by the use of a single contract with the design-build provider.

(b) This method of design and construction can include the design-build provider supplying the site as part of the contract.

(13) "Established catalogue price" means the price included in a catalogue, price list, schedule, or other form that:

(a) is regularly maintained by a manufacturer or contractor;

(b) is either published or otherwise available for inspection by customers; and

(c) states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(14) "Executive director" means the executive director of the board.

(15) "External procurement unit" means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. An agency of the United States is an external procurement unit.

(16) "Grant" means the furnishing by the state or by any other public or private source assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction. A contract resulting from the award is not a grant but a procurement contract.

(17) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

(18) "Local public procurement unit" means any political subdivision or institution of higher education of the state or public agency of any subdivision, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction, but not counties, municipalities, political subdivisions created by counties or municipalities under the Interlocal Cooperation Act, the Utah Housing Corporation, or the Legislature and its staff offices. It includes two or more local public procurement units acting under legislation which authorizes intergovernmental cooperation.

(19) "Person" means any business, individual, union, committee, club, other organization, or group of individuals, not including a state agency or a local public procurement unit.

(20) "Policy board" means the Budget Development and Board Operations Subcommittee of the board to act as the procurement policy board as referred to in the Utah Procurement Code, Title 63G, Chapter 6.

(21) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference under the requirements of this rule.

(22) "Price data" means factual information concerning prices for supplies, services, or construction substantially identical to those being procured. Prices in this definition refer to offered or proposed selling prices and includes data relevant to both prime and subcontract prices.

(23) "Procurement" means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation, and award of a contract, and all phases of contract administration.

(24) "Procurement officer" means the executive director duly authorized to enter into and administer contracts and make written determinations with respect thereto. It also includes an authorized representative acting within the limits of authority as provided by the board or designated by the executive director.

(25) "Procuring agencies" means, individually or collectively, the state, the board, the owner and a using agency, if any.

(26) "Products" means and includes materials, systems and equipment that are components of a construction project.

(27) "Proprietary specification" means a specification which uses a brand name to describe the standard of quality, performance, and other characteristics needed to meet the procuring agencies' requirements.

(28) "Public procurement unit" means either a local public procurement unit or a state public procurement unit.

(29) "Purchase description" means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to or made a part of the solicitation.

(30) "Purchasing agency" means any state agency other than the board that is authorized by R131-4, or by delegation from the executive director, to enter into contracts.

(31) "Record" shall have the meaning defined in Section 63G-2-103 of the Governmental Records Access and Management Act (GRAMA).

(32) "Request for proposals" means all documents, whether attached or incorporated by reference, used for soliciting proposals.

(33) "Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability which will assure good faith performance.

(34) "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to the invitation for bids.

(35) "Sealed" does not preclude acceptance of electronically sealed and submitted bids or proposals in addition to bids or proposals manually sealed and submitted.

(36) "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. It does not include employment agreements or collective bargaining agreements.

(37) "Specification" means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

(38) "State" means the state of Utah.

(39) "State agency" or "the state" means any department, division, commission, council, board, bureau, committee, institution, government corporation, or other establishment, official or employee of this state.

(40) "State public procurement unit" means the board, Division of Purchasing and General Services and any other purchasing agency of this state.

(41) "Subcontractor" means any person who has a contract with any person other than the procuring agency (board or executive director) to perform any portion of the work on a project.

(42) "Supplies" means all property, including equipment, materials, and printing.

(43) "Using agency" means any state agency which utilizes any supplies, services, or construction procured under this rule.

(44) "Work" means the furnishing of labor or materials, or both.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-201 Procurement Policy

Procurement policy powers and duties under R131-4-202 below shall be performed by the Budget Development and Board Operations Subcommittee of the board as created in Title 63C, Chapter 9. Any procurement policy determinations of the subcommittee shall be brought to the board for final approval.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-202 Powers and Duties of the Budget Development and Board Operations Subcommittee in Regard to Procurement Policies

(1) Except as otherwise provided in R131-4-102, the Budget Development and Board Operations Subcommittee shall:

(a) make procurement rule recommendations to the board that are substantially similar to the requirements of Title 63G, Chapter 6, Utah Procurement Code or facilitate the implementation of such requirements, governing the procurement, management, and control of any and all supplies, services, and construction to be procured by the board; and

(b) consider and recommend to the board, matters of policy within the provisions of R131-4, including those referred to it by the executive director.

(2)(a) The subcommittee may:

(i) audit and monitor the implementation of the board's rules and the requirements of the Utah Procurement Code and R131- 4;

(ii) approve the use of innovative procurement methods proposed by the executive director.

(b) Except as otherwise provided in this rule or as duly authorized by the board, the subcommittee may not exercise authority over the award or administration of

(i) any particular contact; or

(ii) over any dispute, claim, or litigation pertaining to any particular contract.

(3) After receiving the recommendations from the Budget Development and Board Operations Subcommittee, the board shall review the recommendations, and shall make a determination on the recommendations, including the commencement of the rulemaking process.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-203 Chief Procurement Officer

The executive director of the board shall be the chief procurement officer.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-204 Duties of Chief Procurement Officer

Except as otherwise specifically provided in R131-4, the chief procurement officer serves as the central procurement officer for the board and shall:

(1) adopt office policies governing the internal functions of the staff for the board;

(2) procure or supervise the procurement of all supplies, services, and construction needed by the board;

(3) exercise general supervision and control over all inventories or supplies belonging to the board;

(4) establish and maintain programs for the inspection, testing, and acceptance of supplies, services, and construction; and

(5) prepare statistical data concerning the procurement and usage of all supplies, services, and construction.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-205 Delegation of Authority

The executive director may delegate authority to a designated staff person(s) of the board.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-206 Specific Statutory Authority

As stated in Section 63G-6-207:

(1) The authority to procure certain supplies, services, and construction given the public procurement units governed by the following provisions shall be retained:

(a) Title 53B, State System of Higher Education;

(b) Title 63A, Chapter 5, State Building Board - Division of Facilities Construction and Management;

(d) Title 72, Transportation; and

(e) Title 78A, Chapter 5, District Courts.

(2) This authority extends only to supplies, services, and construction to the extent provided in the cited chapters.

(3)(a) The Department of Transportation may make rules governing the procurement of highway construction or improvement.

(b) This Subsection (3) supersedes Subsections (1) and (2) above.

(4) The legislature may procure supplies and services for its own needs.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-301 Rules and Regulations for Specifications of Supplies

R131-4 shall govern the preparation, maintenance, and content of specifications for supplies, services, and construction required by the board. R131-4 shall determine the extent to which a nonemployee who has prepared specifications for use by the board may participate in any board procurement using such specifications.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-302 Duty of Executive Director in Maintaining Specifications

The executive director shall prepare, issue, revise, maintain, and monitor the use of specifications for supplies, services, and construction required by the board.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-303 Purpose of Specifications

All specifications shall seek to promote overall best quality economy and best use for the purposes intended and encourage competition in satisfying the state's needs, and shall not be unduly restrictive. The requirements of R131-4-301 through R131-4-304 regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, and draftsmen for public contracts.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-304 Additional Specification Requirements

(1) General provisions.

(a) Preference for Commercially Available Products. Recognized, commercially-available products shall be procured wherever practicable. In developing specifications, accepted commercial standards shall be used and unique products shall be avoided where practicable.

(b) Nonrestrictiveness Requirements. All specifications shall describe the requirements to be met, without having the effect of exclusively requiring a proprietary supply, or construction item, or procurement from a sole source, unless no other manner of description will meet the need. If needed, a written determination shall justify the use of restrictive specifications over non-restrictive specifications.

(2) Executive Director's Responsibilities.

(a) The executive director shall prepare all project specifications, or

(b) The board may enter into contracts with others to prepare construction specifications when there will not be a substantial conflict of interest. In the latter instance, the executive director shall retain the authority to approve all specifications.

(c) Whenever specifications are prepared by persons other than the board and executive director's staff, the contract for the preparation of specifications shall adhere to the requirements of this rule.

(3) Types of Specifications. The executive director may use any method of specifying construction items, including:

(a) a performance specification stating the results to be achieved with the contractor choosing the means; or

(b) a prescriptive specification describing a means for achieving desired, but normally unstated, ends. Prescriptive specifications shall include the following:

(i) Descriptive specifications, providing detailed written descriptions of the required properties of products, or the workmanship required to fabricate, erect and install without using trade names; or

(ii) Proprietary specifications, identifying desired products by using manufacturers, brand names, model or type designation or important characteristics. This shall consist of:

(A) Base bid, where a rigid standard is specified and there are no allowed substitutions due to the nature of the conditions to be met. This may only be used when very restrictive standards are necessary and there are only definite proprietary products known that will meet the rigid standards needed; and

(B) Or equal, which allows substitutions if properly approved;

(c) a reference standard specification where documents or publications are incorporated by reference as though they were included in their entirety; or

(d) a nonrestrictive specification which may describe elements of prescriptive or performance specifications, or both, in order to describe the end result, thereby giving the contractor latitude in methods, materials, delivery, conditions, cost or other characteristics or considerations to be satisfied.

(4) Procedures for the Development of Specifications.

(a) Specifications may designate alternate supplies or construction items where two or more design, functional, or proprietary performance criteria will satisfactorily meet the procuring agencies' requirements.

(b) Specifications shall contain a nontechnical section to include any solicitation or contract terms or conditions such as requirements for the time and place of bid opening, time of delivery, payment, liquidated damages, and similar contract matters.

(i) The executive director shall designate one or more brands as a standard reference and shall state that substantially equivalent products will be considered for award, with particular conditions of approval being described in the specification.

(ii) Unless the executive director determines that the essential characteristics of the brand names included in the proprietary specifications are commonly known in the industry or trade, proprietary specifications shall include a description of the particular design, functional, or performance characteristics which are required.

(iii) Where a proprietary specification is used, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.

(iv) The board shall solicit sources to achieve whatever degree of competition is practicable. If only one source can supply the requirement, the procurement shall be made in accordance with this rule.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-401 Contracts Awarded by Sealed Bidding - Procedure

(1) In General. Competitive sealed bidding, which includes multi-step sealed bidding, shall be an allowable method for the procurement of construction when a single prime contractor is used. Other methods may be considered for procurement of construction when the executive director determines that it best meets the needs for the project. For all other goods, supplies and services, contracts shall be awarded by competitive sealed bidding expect as otherwise provided in R131-4. An invitation for bids shall be issued when a contract is to be awarded by competitive sealed bidding. The invitation shall include a purchase description and all contractual terms and conditions applicable to the procurement.

(2) Public Notice of Invitations for Bids.

(a) Public notice of invitations for bids shall be publicized electronically on the Internet, and may be publicized in any or all of the following as determined appropriate:

(i) In a newspaper having general circulation in the area in which the project is located;

(ii) In appropriate trade publications;

(iii) In a newspaper having general circulation in the state; or

(iv) By any other method determined appropriate.

(b) A copy of the public notice shall be available for public inspection at the principal office of the board in Salt Lake City, Utah.

(3) Content of the Public Notice to Contractors for Invitation For Bids. The public notice to contractors for invitation for bids (herein referred to as the "Notice") shall include the following:

(a) The closing time and date for the submission of bids;

(b) The location to which bids are to be delivered;

(d) A brief description of the project; and

(e) Notice of any mandatory pre-bid meetings.

(4) Bidding Time. Bidding time is the period of time between the date of the first publication of the public notice and the final date and time set for the receipt of bids by the executive director. Bidding time shall be set to provide bidders with reasonable time to prepare their bids and shall be not less than ten calendar days, unless a shorter time is deemed necessary for a particular project as determined in writing by the executive director.

(5) Bid Prices. The bidding documents for an invitation for bids shall include a bid price form having a space in which the bid prices shall be inserted and which the bidder shall sign and submit along with all other required documents and materials and may include qualification requirements as appropriate.

(6) Addenda to the Bidding Documents.

(a) Addenda shall be distributed or otherwise made available to all entities known to have obtained bidding documents for a project.

(b) Addenda shall be distributed within a reasonable time to allow all prospective bidders to consider them in preparing bids. If the time set for the final receipt of bids will not permit appropriate consideration, the bidding time shall be extended to allow proper consideration of the addenda. The person responsible for the issuance of bidding documents shall confirm in writing, any addenda communicated to bidders by telephone.

(7) Pre-Opening Modification or Withdrawal of Bids.

(a) Bids may be modified or withdrawn by the bidder by written notice delivered to the place designated in the notice when bids are to be delivered prior to the time set for the opening of bids.

(b) Bid security, if any, shall be returned to the bidder when withdrawal of the bid is permitted.

(c) All documents relating to the modification or withdrawal of bids shall be made a part of the appropriate project file.

(8) Late Bids, Late Withdrawals, and Late Modifications. Any bid, withdrawal of bid, or modification of bid received after the time and date set for the submission of bids at the place designated in the notice shall be deemed to be late and shall not be considered, unless it is the only bid received in which case it may be considered.

(9) Receipt, Opening, and Recording of Bids.

(a) Upon receipt, all bids and modifications shall be stored in a secure place until the time for bid opening.

(b) Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time and place designated in the invitation for bids. The names of the bidders, the bid price, and other information deemed appropriate by the executive director shall be read aloud or otherwise made available to the public. After the bid opening, the bids shall be tabulated or a bid abstract made, including the amount of each bid. The record (bid tabulation) and opened bids shall be available for public inspection.

(10) Mistakes in Bids.

(a) If a mistake is attributable to an error in judgment, the bid may not be corrected. Bid correction or withdrawal by reason of an inadvertent, nonjudgmental mistake is permissible but only at the discretion of the executive director and only to the extent it is not contrary to the interest of the board or the fair treatment of other bidders.

(b) When it appears from a review of the bid that a mistake may have been made, the executive director may request the bidder to confirm the bid in writing. Situations in which confirmation may be requested include obvious, apparent errors on the face of the bid or a bid lower than the other bids submitted that appears to have neglected some part of the project.

(c) Mistakes at Bid Opening. The executive director shall weigh the types of factors described below in which mistakes in bids are discovered after opening but before award. After the bid opening, no changes in the bid prices or other provisions of bids prejudicial to the interest of the board or fair competition may be permitted. These include:

(i) Minor formalities are matters which, in the discretion of the board or executive director, are found to be of form rather than substance evident from the bid document, or are insignificant mistakes that can be waived or corrected without prejudice to other bidders and with respect to which, in the executive director's discretion, the effect on price, quantity, quality, delivery, or contractual conditions is not or will not be significant. The executive director, in the executive director's sole discretion, may waive minor formalities or allow the bidder to correct them depending on which is in the best interest of the board. Examples include the failure of a bidder to:

(A) Sign the bid, but only if the unsigned bid is accompanied by other material indicating the bidder's intent to be bound;

(B) Acknowledge receipt of any addenda to the invitation for bids, but only if it is clear from the bid that the bidder received the addenda and intended to be bound by its terms; the addenda involved had a negligible effect on price, quantity, quality, or delivery; or the bidder acknowledged receipt of the addenda at the bid opening.

(ii) A determination by the executive director that the mistake and the intended bid are clearly evident on the face of the bid document. The bid shall be corrected to reflect the intent of the bidder, and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors.

(iii) Approval to withdraw a low bid if the executive director determines a mistake is clearly evident on the face of the bid document but the intended amount of the bid is not similarly evident, or if the bidder submits to the executive director proof of evidentiary value which, in the executive director's best judgment, demonstrates that a mistake in calculation or estimation was made.

(d) No bidder shall be allowed to correct a mistake or withdraw a bid because of a mistake discovered after award of the contract; provided, that mistakes of the types described in R131-4-401 may be corrected or the award of the contract canceled if the executive director determines that correction or cancellation will not prejudice the interests of the board or fair competition.

(e) The executive director shall approve or deny in writing all requests to correct or withdraw a bid.

(11) Bid Evaluation and Award. Except as provided below, the contract may be awarded to the lowest qualified responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids and no bid shall be evaluated for any requirements or criteria that are not disclosed in the bidding documents. A reciprocal preference shall be granted to a resident contractor if the provisions of Section 63G-6-405 are met. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable. The criteria may include discounts, transportation costs, and total or life cycle costs.

(12) Cancellation of Invitations For Bids; Rejection Of Bids in Whole or In Part.

(a) Although issuance of an invitation for bids does not compel award of a contract, the executive director may cancel an invitation for bids or reject bids received in whole or in part only when the executive director determines that it is in the best interests of the board to do so.

(b) The reasons for cancellation or rejection shall be documented and made a part of the project file and available for public inspection.

(c) Any determination of nonresponsibility of a bidder shall be made by the executive director in writing. An unreasonable failure of the bidder to promptly supply information regarding responsibility may be grounds for a determination of nonresponsibility. Any bidder determined to be nonresponsible shall be provided with a copy of the written determination within a reasonable time. The board finds that it would impair governmental procurement proceedings by creating a disincentive for bidders to respond to inquiries of nonresponsibility, therefore information furnished by a bidder or pursuant to any inquiry concerning responsibility shall be classified as a protected record pursuant to Section 63G-2-305 and may be disclosed only as provided for in R131-4-411A.

(13)(a) All bids for a construction project exceed available funds as certified by the appropriate fiscal officer, and the low responsive and responsible bid does not exceed those funds by more than 5%, the executive director may, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsive and responsible bidder in order to bring the bid within the amount of available funds.

(b) Notwithstanding Subsection (13)(a), if all bids exceed the construction budget by any amount, the executive director may take any action allowed by this rule to award the contract to the lowest responsible and responsive bidder that will complete the construction project within the amount of available funds.

(c) This rule does not restrict in any way, the right of the executive director to use any emergency or sole source procurement provisions, or any other applicable provisions of State law or rule which may be used to award the construction project.

(14) Tie Bids. Tie bids shall be resolved in accordance with Section 63G-6-426.

(15) Subcontractor Lists. The executive director may provide for subcontractor list requirements in the invitation for bids.

(a) Pursuant to Section 63G-2-305, information contained in the subcontractor list submitted to the board or executive director shall be classified public except for the amount of subcontractor bids which shall be classified as protected until a contract has been awarded to the bidder at which time the subcontractor bid amounts shall be classified as public. During the time that the subcontractor bids are classified protected, they may only be made available to procurement and other officials involved with the review and approval of bids.

(b) Change of Listed Subcontractors. If the executive director requires the submission of a subcontractor list with a deadline, the contractor may change his submitted listed subcontractors only after receiving written permission from the executive director based on complying with all of the following:

(i) The contractor has established in writing that the change is in the best interest of the state and that the contractor establishes an appropriate reason for the change, which may include, but is not limited to, the following reasons: the original subcontractor has failed to perform, or is not qualified or capable of performing, or the subcontractor has requested in writing to be released;

(ii) The circumstances related to the request for the change do not indicate any bad faith in the original listing of the subcontractors;

(iii) Any requirement set forth by the executive director to ensure that the process used to select a new subcontractor does not give rise to bid shopping;

(iv) Any increase in the cost of the subject subcontractor work shall be borne by the contractor; and

(v) Any decrease in the cost of the subject subcontractor work shall result in a deductive change order being issued for the contract for such decreased amount.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-401A Multi-Step Sealed Bidding

(1) When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers (statement of qualifications) to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitat ion.

(2) Description. Multi-step sealed bidding is a two-phase process. In the first phase, bidders shall submit a statement of qualifications to be evaluated. In the second phase, bidders whose statement of qualifications are determined to be acceptable during the first phase shall be invited to submit price bids.

(3) Use. Multi-step sealed bidding may be used when the executive director deems it to be in the interest of the state.

(4) Procedure for First Phase. The first phase shall be processed in accordance with the notice, substance and procedural requirements of a request for proposal under R131-4-408.

(5) The second phase shall be processed in accordance with the applicable substance and procedural requirements of a competitive sealed bid under R131-4-401. No public notice will be provided for this invitation.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-402 Contracts Awarded by Reverse Auction

(1) As used in this Section, "reverse auction" means a process where:

(a) contracts are awarded in an open and interactive environment, which may include the use of electronic media; and

(b) bids are opened and made public immediately, and bidders given opportunity to submit revised, lower bids, until the bidding process is complete.

(2) Notwithstanding the requirements of this rule, contracts may be awarded through a reverse auction.

(3) Reverse auction is a two-phase process consisting of a technical first phase composed of one or more steps in which bidders submit a statement of qualifications to be evaluated against the established criteria by the executive director, and a second phase in which those bidders whose statement of qualifications are determined to be acceptable during the first phase submit their price bids through a reverse auction.

(4) Use. The reverse auction method will be used when the executive director deems it to the advantage of the board.

(5) Pre-Bid Conferences in Reverse Auctions. Prior to the submission of a statement of qualifications, a pre-bid conference may be conducted by the executive director. The executive director may also hold a conference of all bidders at any time during the evaluation of the statement of qualifications, or to explain the reverse auction process.

(6) Procedure for Phase One of Reverse Auctions.

(a) Form. A reverse auction shall be initiated by the issuance of an invitation for bids in the form required by R131-4-401. In addition to those requirements, the reverse auction invitation for bids shall state:

(i) that a statement of qualifications are requested;

(ii) that it is a reverse auction procurement, and priced bids will be considered only in the second phase and only from those bidders whose statement of qualifications are found acceptable in the first phase;

(iii) the criteria to be used in the evaluation of the statement of qualifications;

(iv) that the board or executive director, to the extent the executive director finds necessary, may conduct oral or written discussions of the statement of qualifications;

(v) that bidders may designate those portions of the statement of qualifications which contain trade secrets or other proprietary data which are to remain confidential to the extent provided by law; and

(vi) the manner in which the second phase reverse auction will be conducted.

(7) Amendments to the Invitation for Bids. After receipt of the statement of qualifications, amendments to the invitation for bids shall be distributed only to bidders who submitted a statement of qualifications and they shall be allowed to submit new statements of qualifications or to amend those submitted. If, in the opinion of the executive director, a contemplated amendment will significantly change the nature of the procurement, the invitation for bids shall be canceled in accordance with R131-4-401 and a new invitation for bids issued.

(8) Receipt and Handling of Statement of Qualifications. Statement of qualifications shall be opened publicly identifying only the names of the bidders. Technical offers and modifications shall be time stamped upon receipt and held in a secure place until the established due date. After the date established for receipt of bids, a register of bids shall be open to public inspection and shall include the name of each bidder, and a description sufficient to identify the supply, service, or construction offered. Prior to the selection of the lowest bid of a responsive and responsible bidder following phase two, statement of qualifications shall remain confidential and shall be available only to board personnel and those involved in the selection process having a legitimate interest in them.

(9) Non-Disclosure of Proprietary Data. Bidders may request protection of records in accordance with R131-4-411A.

(10)(a) Evaluation of Statement of Qualifications. The statement of qualifications submitted by bidders shall be evaluated solely in accordance with the criteria set forth in the invitation for bids. The statement of qualifications shall be categorized as:

(i) acceptable;

(ii) potentially acceptable, that is, reasonably susceptible of being made acceptable; or

(iii) unacceptable.

(b) The executive director shall record in writing the basis for finding an offer unacceptable and make it part of the procurement file.

(c) The executive director may initiate phase two of the procedure if, in the executive director's opinion, there are sufficient acceptable statements of qualifications to assure effective price competition in the second phase without modification or alteration of the offers. If the executive director finds that this is not the case, the executive director shall issue an amendment to the invitation for bids or engage in technical discussions as set forth in R131-4-402(11) below.

(11) Discussion of Statement of Qualifications. Discussion of the statement of qualifications may be conducted by the executive director with any bidder who submits an acceptable or potentially acceptable statement of qualifications. During the course of these discussions, the executive director shall not disclose any information derived from one statement of qualifications offer to any other bidder. Once discussions are begun, any bidder who has not been notified that its statement of qualifications has been finally found unacceptable may submit supplemental information modifying or otherwise amending its statement of qualifications offer at any time until the closing date established by the executive director. This submission may be made at the request of the executive director or upon the bidder's own initiative.

(12) Notice of Unacceptable Statement of Qualifications. When the executive director determines a bidder's statement of qualifications is unacceptable, the executive director shall notify the bidder. After this notification, the bidder shall not be afforded an additional opportunity to modify their statement of qualifications.

(13) Carrying Out Phase Two of Reverse Auctions.

(a) Upon the completion of phase one, the executive director shall invite those qualified bidders to participate in phase two of the reverse auction which is an open and interactive process where pricing is submitted, made public immediately, and bidders are given the opportunity to submit revised, lower bids, until the bidding process is closed.

(b) The invitation for bids shall:

(i) establish a date and time for the beginning of phase two;

(ii) establish a closing date and time. The closing date and time need not be a fixed point in time, but may remain dependent on a variable specified in the invitation for bids.

(c) Following receipt of the first bid after the beginning of phase two, the lowest bid price shall be posted, either manually or electronically, and updated as other bidders submit their bids.

(i) At any time before the closing date and time a bidder may submit a lower bid, provided that the price is below the then lowest bid.

(ii) Bid prices may not be increased after the beginning of phase two.

(14) Mistakes During Reverse Auctions.

(a) Mistakes may be corrected or bids may be withdrawn during phase one:

(i) before statements of qualifications are considered;

(ii) after any discussions have commenced under the procedure for phase one of reverse auctions, discussion of statement of qualifications; or

(iii) when responding to any amendment of the invitation for bids. Otherwise, mistakes may be corrected or withdrawal permitted in accordance with R131-4-401(10).

(15) A phase two bid may be withdrawn only in accordance with R131-4-401(10). If a bid is withdrawn, a later bid submitted by the same bidder may not be for a higher price. If the lowest responsive bid is withdrawn after the closing date and time, the executive director may cancel the solicitation or reopen phase two bidding to all bidders deemed qualified through phase one by giving notice to those bidders of the new date and time for the beginning of phase two and the new closing date and time.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-403 Procurement - Use of Recycled Goods

The executive director shall:

(1) comply with Section 63G-6-406 regarding recycled paper and paper products; and

(2)(a) use for reference, the current listing of recycled items available on state contract as issued by the State Division of Purchasing and General Services under Section 63G-6-204; and

(b) give recycled items consideration when inviting bids and purchasing supplies.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-404 Preference for Providers of State Products

(1)(a) All board procurement shall, in all purchases of goods, supplies, equipment, materials, and printing, give a reciprocal preference to those bidders offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah as against those bidders offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in any state that gives or requires a preference to goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in that state.

(b) The amount of reciprocal preference shall be equal to the amount of the preference applied by the other state for that particular good, supply, equipment, material, or printing.

(c)(i) The bidder shall certify on the bid that the goods, supplies, equipment, materials, or printing offered are produced, manufactured, mined, grown, or performed in Utah.

(ii) The reciprocal preference is waived if that certification does not appear on the bid or the product, quality or services is not available from within the state of Utah.

(2)(a) If the bidder submitting the lowest responsive and responsible bid offers goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in a state that gives or requires a preference, and if another bidder has submitted a responsive and responsible bid offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocal preference, his bid is equal to or less than the original lowest bid, the executive director shall:

(i) give notice to the bidder offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah that he qualifies as a preferred bidder; and

(ii) make the purchase from the preferred bidder if, within 72 hours after notification to him that he is a preferred bidder, he agrees, in writing, to meet the low bid.

(b) The executive director shall include the exact price submitted by the lowest bidder in the notice he submits to the preferred bidder.

(c) The executive director may not enter into a contract with any other bidder for the purchase until 72 hours have elapsed after notification to the preferred bidder.

(3)(a) If there is more than one preferred bidder, the executive director shall award the contract to the willing preferred bidder who was the lowest preferred bidder originally.

(b) If there were two or more equally low preferred bidders, the executive director shall resolve the tie in accordance with Section 63G-6-426.

(4) The provisions of R131-4-404 do not apply if such application might jeopardize the receipt of federal funds.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-405 Preference for Resident Contractors

(1) As used in this Section, "resident contractor" means a person, partnership, corporation, or other business entity that:

(a) either has its principal place of business in Utah or that employs workers who are residents of this state when available; and

(b) was transacting business on the date when bids for the public contract were first solicited.

(2)(a) When awarding contracts for construction, the board shall grant a resident contractor a reciprocal preference as against a nonresident contractor from any state that gives or requires a preference to contractors from that state.

(b) The amount of the reciprocal preference shall be equal to the amount of the preference applied by the state of the nonresident contractor.

(3)(a) The bidder shall certify on the bid that the bidder qualifies as a resident contractor.

(b) The reciprocal preference is waived if that certification does not appear on the bid or if the resident contractor is not qualified to perform the work as stipulated in the pre-proposal or pre-bid documents.

(4)(a) If the contractor submitting the lowest responsive and responsible bid is not a resident contractor and has its principal place of business in any state that gives or requires a preference to contractors from that state, and if a resident contractor has also submitted a responsive and responsible bid, and, with the benefit of the reciprocal preference, the resident contractor's bid is equal to or less than the original lowest bid, the executive director shall:

(i) give notice to the resident contractor that the contractor qualifies as a preferred resident contractor; and

(ii) issue the contract to the resident contractor if, within 72 hours after notification to the contractor that such contractor is a preferred resident contractor, the contractor agrees, in writing, to meet the low bid.

(b) The executive director shall include the exact price submitted by the lowest bidder in the notice submitted to the preferred resident contractor.

(c) The executive director may not enter into a contract with any other bidder for the construction until 72 hours have elapsed after notification to the preferred resident contractor.

(5)(a) If there is more than one preferred resident contractor, the executive director shall award the contract to the willing preferred resident contractor who was the lowest preferred resident contractor originally.

(b) If there were two or more equally low preferred resident contractors, the executive director shall resolve the tie in accordance with Section 63G-6-426.

(6) The provisions of R131-4-405 do not apply if such application might jeopardize the receipt of federal funds.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-407 Use of Alkaline Paper

The Board and executive director shall comply with Section 63G-6-407 regarding the use of Alkaline Paper.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-408 Use of Competitive Sealed Proposals in lieu of Bids - Procedure

(1) Considerations for Use. Competitive sealed proposals, which shall be solicited through a request for proposals, may be used, if:

(a) there may be a need for price and service negotiation;

(b) there may be a need for negotiation during performance of the contract;

(d) characteristics of the product or service sought is important; or

(e) the conditions of the service, product or delivery conditions are unable to be sufficiently described in the invitation for bids.

(2) Determinations.

(a) Before a contract may be entered into by competitive sealed proposals, the executive director shall determine in writing that the use of competitive sealed proposals is more advantageous for state purposes than competitive sealed bidding.

(b) Determinations may be by category of service or construction items. The executive director may modify or revoke a determination and may review previous determinations for current applicability at any time. Competitive sealed proposals may be used for the procurement of services of consultants, professionals, contractors and any other entity sought for procurement by the executive director or the board.

(3) Public Notice. Public notice of the request for proposals shall be given in the same manner provided for giving public notice of an invitation for bids, as provided by R131-4-401.

(4) Proposal Preparation Time. Proposal preparation time is the period of time between the date of first publication of the notice and the date and time set for the receipt of proposals by the board or executive director. For each project, a proposal preparation time-frame shall be included to provide offerors a reasonable time to prepare their proposals, not less than ten calendar days, unless a shorter time is deemed necessary.

(5) Form of Proposal. The request for proposals may state the manner in which proposals are to be submitted, including any forms for that purpose.

(6) Addenda to Requests for Proposals. Addenda to the requests for proposals may be made in the same manner provided for addenda to the bidding documents in connection with invitations for bids by this rule. Addenda may also be issued to qualified proposers after the deadline for proposals and prior to the deadline for best and final offers.

(7) Modification or Withdrawal of Proposals. Proposals may be modified or withdrawn prior to the established due date. For the purposes of this rule, the established due date will be either the date and time announced for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the date and time by which best and final offers must be submitted, provided that only offerors who submitted proposals by the time announced for receipt of proposals may submit best and final offers.

(8) Late Proposals, Late Withdrawals, or Late Modifications: Except for modifications allowed pursuant to negotiation, any proposal, withdrawal, or modification received at the place designated for receipt of proposals after the established due date as defined in this rule shall be deemed to be late and shall not be considered unless there are no other offerors.

(9) Receipt and Registration of Proposals.

(a) Proposals shall be opened publicly, and shall only identify the names of the offerors in public. Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. Proposals and modifications shall be held in a secure place until the established due date.

(b) After the date established for receipt of proposals, a register of proposals shall be open to public inspection and shall include for all proposals the name of each offeror, the number of addenda received, if any, and a description sufficient to identify the supply, service, or construction item offered. Prior to award, proposals and modifications shall be shown only to procurement and other officials involved with the review and selection of proposals who shall adhere to the requirements of GRAMA and this rule.

(10) Evaluation of Proposals.

(a) Evaluation Factors in the Request for Proposals. The request for proposals shall be prepared in a manner to assure maximum practicable competition, state all of the evaluation factors as well as the relative importance of price and other evaluating factors.

(b) Evaluation. The evaluation shall be based on the evaluation factors set forth in the request for proposals. Numerical rating systems may be used but are not required.

(i) Acceptable;

(ii) Potentially acceptable, that is, having the possibility of being made acceptable; or

(iii) Unacceptable. Offerors whose proposals are unacceptable shall be so notified.

(11) Proposal Discussions with Individual Offerors.

(a) "Offerors" means only those responsible persons submitting proposals that are acceptable or potentially acceptable, the number of which may be limited to no less than the two best proposals. This shall not include persons who submitted unacceptable proposals.

(b) Purposes of Discussions. Discussions may be held in order to:

(i) review the board's requirements and the offerors' proposals; and

(ii) facilitate the development of a contract that will be most advantageous to the board, taking into consideration price and other evaluation factors listed in the request for proposals.

(c) Conduct of Discussions. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Discussions may be conducted for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and before the contract is awarded for the purpose of obtaining best and final offers. There shall be no disclosure of any information derived from proposals submitted by competing offerors except as otherwise provided by this rule or law. Any oral clarification or change of a proposal shall be reduced to writing by the offeror.

(12) Best and Final Offers. The executive director shall establish a common time and date to submit best and final offers. These shall be submitted only once unless the executive director makes a written determination before each subsequent round of best and final offers that another round is in the best interest of the state, and additional discussions will be conducted or the requirements may be changed. Otherwise, no discussion of, or changes in the best and final offers shall be allowed prior to award. If offerors do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer.

(13) Mistakes in Proposals.

(a) Mistakes discovered before the established due date. An offeror may correct mistakes discovered before the time and date established for receipt of proposals by withdrawing or correcting the proposal as provided in R131-4-408.

(b) Confirmation of proposal. When it appears from a review of the proposal before an award is made, that a mistake has been made, the offeror shall be asked to confirm the proposal. If the offeror alleges that a mistake occurred, the proposal may be corrected or withdrawn during any discussions that are held or the conditions listed below, by this rule, are met.

(c) Mistakes discovered after receipt but before award. This Subsection defines procedures to be applied in four situations in which mistakes in proposals may be discovered after receipt of proposals but before award.

(i) During discussions; prior to best and final offers. Once discussions are commenced with any offeror or after best and final offers are requested, any offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers.

(ii) Minor formalities. Minor formalities, unless otherwise corrected by an offeror as provided in this Section, shall be treated in accordance with this rule.

(iii) Corrections of mistakes. If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected and the correct offer considered only if:

(A) the mistakes and the correct offer are clearly evident on the face of the proposal in which event the proposal may not be withdrawn;

(B) the mistake is not clearly evident on the face of the proposal, but the offeror submits proof of evidentiary value which clearly and convincingly demonstrates both the existence of a mistake and the correct offer, and the correction of the mistake would not be contrary to the fair and equal treatment of other offerors.

(iv) Withdrawals of proposals. If discussions are not held, or if the best and final offers upon which award will be made have been received, offeror may be permitted to withdraw a proposal if:

(A) a mistake was made that is clearly evident on the face of the proposal and the intended amount of the offer is not evident; or

(B) the offeror submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made that it does not demonstrate the correct offer or, if the correct offer is also demonstrated, to allow correction on the basis the proof provided would not be contrary to the fair and equal treatment of other offerors.

(d) Mistakes discovered after award. An offeror shall be bound to all terms, conditions and statements in offeror's proposal after award of the contract.

(14) Award.

(a) Award Documentation. A written determination shall be made showing the basis on which the award was found to be most advantageous to the state based on the factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

(b) One proposal received. If only one proposal is received in response to a request for proposals, the executive director may make an award or, if time permits, resolicit for the purpose of obtaining additional competitive sealed proposals.

(15) Publicizing Awards.

(a) Notice. After the selection of the successful offeror, notice of award shall be available in the executive director's office in Salt Lake City, Utah and may be available on the Internet.

(b) Information Disclosed. The following shall be disclosed with the notice of award:

(i) the rankings of the proposals;

(ii) the names of the selection committee members;

(iii) the amount of each offeror's cost proposal;

(iv) the final scores used by the selection committee to make the selection, except that the names of the individual scorers shall not be associated with their individual scores; and

(v) the written justification statement supporting the selection.

(c) Information Classified as Protected. After due consideration and public input, the following has been determined by the board to impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract with the board and shall be classified as protected records:

(i) the names of individual selection committee scorers in relation to their individual scores or rankings; and

(ii) non-public financial statements.

(16) Confidentiality of Performance Evaluations and Reference Information. The board finds that it is necessary to maintain the confidentiality of performance evaluations and reference information in order to avoid competitive injury and to encourage those persons providing the information to respond in an open and honest manner without fear of retribution. Accordingly, records containing performance evaluations and reference information are classified as protected records under the provisions of Subsections 63G-2-305 and shall be disclosed only to those persons involved with the performance evaluation, the contractor that the information addresses and procurement and other officials involved with the review and selection of proposals. The executive director may, however, provide reference information to other governmental entities for use in their procurement activities and to other parties when requested by the contractor that is the subject of the information. Any other disclosure of such performance evaluations and reference information shall only be as required by applicable law.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-409 Small Purchases

(1) Procurements of $200,000 or Less.

(a) The executive director may make procurements estimated to cost $200,000 or less by soliciting at least two firms to submit written quotations.

(b) The names of the persons submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record by the board.

(c) If the executive director determines that other factors in addition to cost should be considered in the procurement, the executive director shall solicit proposals from at least two firms. The award shall be made to the firm offering the best proposal as determined through application of the procedures provided for in R131-4-408 except that a public notice is not required and only invited firms may submit proposals.

(2) Procurements of $50,000 or Less. The executive director may make small purchases of $50,000 or less in any manner that he shall deem to be adequate and reasonable.

(3) Division of Procurements. Procurements shall not be divided in order to qualify for the procedures outlined in this rule.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-411 Emergency Procurements

(1) Application. This Section shall apply to every procurement made under emergency conditions that will not permit other source selection methods to be used.

(2) Definition of Emergency Conditions. An emergency condition is a situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, natural disasters, wars, destruction of property, building or equipment failures, or any emergency proclaimed by governmental authorities.

(3) Scope of Emergency Procurements. Emergency procurements shall be limited to only those items necessary to meet the emergency.

(4) Authority to Make Emergency Procurements.

(a) The executive director may make an emergency procurement when, in the executive director's determination, an emergency condition exists or will exist and the need cannot be met through other procurement methods.

(b) The procurement process shall be considered unsuccessful when all bids or proposals received pursuant to an invitation for bids or request for proposals are nonresponsive, unreasonable, noncompetitive, or exceed available funds as certified by the appropriate fiscal officer, and time or other circumstances will not permit the delay required to resolicit competitive sealed bids or proposals. If emergency conditions exist after or are brought about by an unsuccessful procurement process, an emergency procurement may be made.

(5) Source Selection Methods. The source selection method used for emergency procurement shall be selected by the executive director with a view to assuring that the required items are procured in time to meet the emergency. Given this constraint, as much competition as the executive director determines to be practicable shall be obtained.

(6) Specifications. The executive director may use any appropriate specifications without being subject to the requirements of R131-4-301 through R131-4-304.

(7) Required Construction Contract Clauses. The executive director may modify or not use the construction contract clauses otherwise required by R131-4-601.

(8) Written Determination. The executive director shall make a written determination stating the basis for each emergency procurement and for the selection of the particular source. This determination shall be included in the project file.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-411A Protected Records

(1) General Classification. Records submitted to the board or the executive director in a procurement process are classified as public unless a different classification is determined in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

(2) Protected Records. Records meeting the requirements of Section 63G-2-305 will be treated as protected records if the procedural requirements of GRAMA are met. Examples of protected records include the following:

(a) trade secrets, as defined in Section 13-24-2, if the requirements of R131-4-411A(3) are met;

(b) commercial information or nonindividual financial information if the requirements of Subsection 63G-2-305(2) and R131-4-411A(3) are met; and

(c) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract with the board, including, but not limited to, those records for which such a determination is made in R131-4 or R131-1.

(3) Requests for Protected Status. Persons who believe that a submitted record, or portion thereof, should be protected under the classifications listed in R131-4-411A(2)(a) and R131-4-411A(2)(b) shall provide with the record a written claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality. Such statements must address each portion of a document for which protected status is requested.

(4) Notification. A person who complies with R131-4-411A shall be notified by the executive director prior to the executive director's public release of any information for which business confidentiality has been asserted.

(5) Disclosure of Records and Appeal. The records access determination and any further appeal of such determination shall be made in accordance with the provisions of Sections 63G-2-309 and 63G-2-401 et seq., GRAMA.

(6) Not Limit Rights. Nothing in this rule shall be construed to limit the right of the board or executive director to protect a record from public disclosure where such protection is allowed by law.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-412 Cancellation and Rejection of Bids

An invitation for bids, a request for proposals, or other solicitation may be cancelled, or any or all bids or proposals may be rejected, in whole or in part, as may be specified in the solicitation, when it is in the best interests of the state as determined by the board or executive director in writing. The reasons shall be made part of the contract file.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-413 Determination of Nonresponsibility of Bidder or Offeror

A written determination of nonresponsibility of a bidder or offeror shall be made by the executive director when information of such nonresponsibility is provided to the executive director. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to the bidder or offeror. Information furnished by a bidder or offeror pursuant to R131-4-413 shall not be disclosed outside of the board or executive director's office without prior written consent by the bidder or offeror.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-414 Prequalification of Suppliers

Prospective suppliers may be prequalified for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors shall include but shall not be limited to prequalified suppliers.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-415 Rules and Regulations to Determine Allowable Incurred Costs - Required Information - Auditing of Books

(1) Applicability. Cost or pricing data shall be required when negotiating contracts and adjustments to contracts if:

(a) adequate price competition is not obtained as provided in this rule; and

(b) the amounts listed in Subsection (3) below are exceeded.

(2) Adequate Price Competition. Adequate price competition for portions of, or entire contracts, occurs when:

(a) a contract is awarded based on competitive sealed bidding;

(b) a contractor is selected from competitive sealed proposals and cost was one of the selection criteria;

(c) a portion of a contract is awarded for a lump sum amount or a fixed percentage of other costs, and the cost of the lump sum or percentage amount is one of the selection criteria, and when contractor selection is made from competitive sealed proposals;

(d) a portion of a contract is awarded for which adequate price competition that was not otherwise obtained when competitive bids were obtained and documented by either the board, executive director, or the contractor;

(e) costs are based upon established catalogue prices or market prices;

(f) costs are set by law or rule; or

(g) the executive director makes a written determination that other circumstances have resulted in adequate price competition.

(3) Amounts. R131-4-415 does not apply to:

(a) Contracts or portions of contracts costing less than $200,000, and

(b) Change orders or other price adjustments of less than $50,000.

(4) Other Applications: R131-4-415 may apply to any contract or price adjustment when it is found by the executive director to be in the best interest of the state and any contract may require cost or pricing data and certifications by the contractor as to the accuracy of such cost or pricing data.

(5) Submission of Cost or Pricing Data and Certification. When cost or pricing data is required, the data shall be submitted prior to beginning price negotiation. The offeror or contractor shall keep the data current throughout the negotiations and certify as soon as practicable after agreement is reached on price that the cost or pricing data submitted are accurate, complete, and current as of a mutually determined date.

(6) Refusal to Submit. If the offeror fails to submit the required data, the executive director may disqualify the noncomplying offeror, to defer award pending further investigation, or to enter into the contract. If the matter involves a price adjustment, the executive director may further investigate the price adjustment, disallow any price adjustment, or set the amount of the price adjustment.

(7) Defective Cost or Pricing Data. If certified cost or pricing data are subsequently found to have been inaccurate, incomplete, or noncurrent as of the date stated in the certificate, the Board shall be entitled to an adjustment of the contract price to exclude any significant sum, including profit or fee, to the extent the contract sum was increased because of the defective data. It shall be assumed that overstated cost or pricing data resulted in an increase of the contract price in the amount of the defect plus any related overhead and profit or fee; therefore, unless documentation can show that the defective data were not used or relied upon, the price may be reduced by a requisite amount. In establishing that defective data caused an increase in the contract price, the executive director shall not be required to reconstruct the negotiation or speculate on the mental attitudes of the negotiating parties if correct data had been submitted at the time of agreement on price.

(8) Audit. The state, board or executive director may, in its discretion, and at reasonable times and places, audit or cause to be audited the books and records of any person who has submitted cost or pricing data pursuing to this rule or any contractor, prospective contractor, subcontractor, or prospective subcontractor which are related to the cost or pricing data submitted.

(9) Retention of Books and Records. Any contractor who receives a contract or price adjustment for which cost or pricing data is required shall maintain all books and records that relate to the cost or pricing data for three years following the end of the fiscal year in which final payment is made under the prime contract and by the subcontractor for three years following the end of the fiscal year in which final payment is made under the subcontract.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-416 Cost-Plus-a-Percentage-of-Cost Contract

(1) Subject to the limitations of R131-4-416, any type of contract which will promote the best interests of the state or the Board may be used; provided that the use of a cost-plus-a-percentage-of-cost contract is only allowed as approved by the board, otherwise it is prohibited. A cost-reimbursement contract with a guaranteed maximum price may be used only when a determination is made in writing by the board that such contract is likely to be less costly to the state than any other type or that it is impracticable to obtain the supplies, services, or construction required except under such a contract.

(2) Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by the executive director or the board that:

(a) the proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and

(b) the proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-417 Period of Time for Contract of Supplies

(1) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the state or the board; provided that the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds.

(2) Prior to the utilization of a multi-year contract, it shall be determined in writing by the executive director or the board that estimated requirements cover the period of the contract and are reasonably firm and continuing and that such a contract will serve the best interests of the state or the board by encouraging effective competition or otherwise promoting economies in state procurement.

(3) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for that purpose.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-418 Right to Inspect Place of Business of Contractor or Subcontractor

The state, board or the executive director may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the board or the executive director.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-419 Determinations Final Except when Arbitrary and Capricious

The determinations required by R131-4-401, R131-4-408, R131-4-410, R131-4-411, R131-4-413, R131-4-415, R131-3-416, and R131-4-417 are final and conclusive unless they are arbitrary and capricious or clearly erroneous.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-420 Factual Information to Attorney General if Collusion Suspected

When for any reason collusion or other anticompetitive practices are suspected among bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-421 Records of Contracts Made

The executive director shall maintain a record listing all contracts made under R131-4-410 or R131-4-111 and shall maintain the record in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. The record shall contain each contractor's name, the amount and type of each contract, and a listing of the supplies, services, or construction procured under each contract.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-423 Purchase of Prison Industry Goods

(1) The board shall purchase goods and services produced by the Utah Correctional Industries Division as provided by R131- 4-423, which is an exemption from other provisions of R131-4, when in the opinion of the board or executive director such purchase is feasible.

(2) The board or executive director may not purchase any goods or services provided by the Utah Correctional Industries Division from any other source unless it has been determined in writing by the director of the Utah Correctional Industries and the board or executive director, that purchase from the Utah Correctional Industries Division is not feasible due to one of the following circumstances:

(a) the good or service offered by the Utah Correction Industries Division does not meet the reasonable requirements of the executive director or board, including the compatibility with the unique design requirements of the Capitol Hill facilities and grounds;

(b) the good or service cannot be supplied within a reasonable time by the Utah Corrections Industries Division; or

(c) the cost of the good or service, including basic price, transportation costs, and other expenses of acquisition, is not competitive with the cost of procuring the item from another source.

(3) In cases of disagreement, the decision may be appealed to a board consisting of the director of the Department of Corrections, the executive director, and a neutral third party agreed upon by the other two members.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-425 Purchase from Community Rehabilitation Programs

(1) Except as provided under R131-4-425(3) below, notwithstanding any provision in R131-4 to the contrary, the board or executive director shall purchase goods and services produced by a community rehabilitation program using the preferred procurement contract list approved under Section 63G-6-425(2)(b)(iii) if:

(a) the good or service offered for sale by a community rehabilitation program reasonably conforms to the needs and specifications of the board;

(b) the community rehabilitation program can supply the good or service within a reasonable time; and

(c) the price of the good or service is reasonably competitive with the cost of procuring the good or service from another source.

(2) In accordance with Section 63G-6-425, each community rehabilitation program:

(a) may submit a bid to the Persons with Disabilities Advisory Board at any time and not necessarily in response to a request for bids; and

(b) shall certify on any bid it submits to the Persons with Disabilities Advisory Board, the Board or executive director that it is claiming a preference under Section 63G-6-425.

(3) During a fiscal year, the requirement for the board or executive director to purchase goods and services produced by a community rehabilitation program under the preferred procurement list under Section 63G-6-425(4) does not apply if the Division of Purchasing and General Services determines that the total amount of procurement contracts with community rehabilitation programs has reached $5 million for that fiscal year.

(4) In the case of conflict between a purchase under R131-4-425 and a purchase under R131-4-423, R131-4-425 prevails.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-501 Alternative Methods of Construction Contracting Management

(1) Application. This Section contains provisions applicable to the selection of the appropriate type of construction contract management.

(2) Flexibility. The executive director may devise an appropriate construction contract management method for a particular project that will best meet the needs of the board. The methods outlined in this rule are not an exclusive list.

(3) Selection. The executive director shall be expected to consider the results achieved on similar projects in the past and the methods used, other appropriate and effective methods, and how a method could be adapted or combined to meet the needs of the state.

(4) Criteria. Before choosing the construction contracting method, some factors that may be considered include:

(a) when the facility must be ready for occupancy;

(b) the type of project, for example, housing, offices, labs, heavy or specialized construction;

(d) the location of the project;

(e) the size, scope, complexity, and economics of the project;

(f) the amount and type of financing available for the project, including whether the budget is fixed, the source of funding, general or special appropriation, federal assistance moneys, general obligation bonds or revenue bonds;

(g) the availability, qualification, experience, and available time of assigned State personnel to the project;

(h) the availability, experience and qualifications of outside consultants and contractors.

(5) General Descriptions.

(a) Application of Descriptions. The following descriptions are provided for the more common contracting methods. The methods described are not mutually exclusive and may be combined on a project. These descriptions are not intended to be fixed for all construction projects of the state. In each project, these descriptions may be adapted to fit the circumstances of that project.

(b) Single Prime Contractor. The single prime contractor method is typified by one business entity acting as a general contractor with the state to complete an entire construction project in accordance with drawings and specifications provided by the state within a defined time period. Generally, the drawings and specifications are prepared by an architectural or engineering firm under contract with the state. Further, while the general contractor may take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts.

(c) Multiple Prime Contractors. Under this method, the board or the board's agent shall contract directly with a number of specialty contractors to complete portions of the project in accordance with the board's drawings and specifications. The board or its agent may have primary responsibility for successful completion of the entire project, or the contracts may provide that one of the multiple prime contractors shall have this responsibility.

(d) Design-Build. The use of a design build provider is authorized if determined to be used in accordance with this rule. In a design-build project, a business entity shall contract directly with the board to meet requirements described in a set of performance specifications. Both the design and construction responsibilities are assumed by the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package.

(e) Construction Manager. The use of a construction manager, including a construction manager/general contractor, is authorized if determined to be used in accordance with this rule and shall be selected in accordance with R131-4. A construction manager shall be experienced in construction, have the ability to evaluate and to implement drawings and specifications as they affect time, cost, and quality of construction and the ability to coordinate the construction of the project, including the addition of change orders. A contract with a construction manager may be issued early in a project to assist in the development of a cost effective design. The construction manager may be appointed the single prime contractor, or may be required to guarantee that the project will be completed by a specified time, and not to exceed a specified maximum price. The procurement of a construction manager may be based, among other criteria, on proposals for a management fee which is either a lump sum or a percentage of construction costs with a guaranteed maximum cost or, on proposals for a lump sum or guaranteed maximum cost for the construction of the project. The contract with the construction manager may also provide for a sharing of any savings which are achieved below the guaranteed maximum cost. When entering into any subcontract that was not specifically included in the construction manager/general contractor's cost proposal, the construction manager/general contractor shall procure that subcontractor in accordance with R131-4 in the same manner as if the subcontract work was procured directly by the board.

(f) Sequential Design and Construction. Sequential design and construction is a method whereby design of substantially the entire structure is completed prior to beginning the construction process.

(g) Phased Design and Construction. Phased design and construction is a method whereby construction is begun when appropriate portions have been designed but before design of the entire structure has been completed. This method is also known as fast track construction.

(h) Design Assist Contracting. Design assist contacting may be used when it is determined by the executive director that a contractor (including a particular subcontractor trade) is needed subject to the following:

(i) it is determined that the design assist contractor (DAC) has a unique knowledge of a material or product that warrants the interaction of the DAC early on with the designer;

(ii) the DAC will be providing construction estimates, details and documents as well as the construction or installation of materials or products into the project;

(iii) the DAC is selected through a competitive sealed proposal process where qualifications are the main criteria for selection;

(iv) the DAC will provide information to the executive director and the designer of the project as needed to define the scope of the work for a fee; and

(v) a contract may be entered with a DAC only when the proposed cost for the work is equal to or less than the budget established by the board for the project, provided that the board may increase the budget, the board/executive director may use the information provided by the DAC and initiate a procurement process for the construction or installation; or the board/executive director may reduce the scope of the work.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-502 Procurement of Design-Build Highway Project Contracts

The board may contract with the Department of Transportation as needed for procurement of design-build transportation project contracts surrounding Capitol Hill.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-503 Bid Security Requirements

(1) Bid security in amount equal to at least 5% of the amount of the bid shall be required for all competitive sealed bidding for construction contracts with an amount over $50,000. The board finds that requiring a bid bond for construction contracts of $50,000 or less is presumed not necessary to protect the state or the board, though the executive director or the board has the right on an individual contract to so require the bonds. Bid security shall be a bond in a form and from a surety company that meets the requirements of R131- 4-504.

(2) When a bidder fails to comply with the requirement for bid security set forth in the invitation for bids, the bid shall be rejected unless, pursuant to R131-4, it is determined by the executive director that the failure to comply with the security requirements is nonsubstantial.

(3) After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, except as provided in R131-4-401. If a bidder is permitted to withdraw a bid before award, no action shall be taken against the bidder or the bid security. Failure to submit an acceptable bid security in connection with an invitation for bids shall be deemed nonsubstantial where only one bid is received, and there is not sufficient time to rebid the contract.

(4) When issuing an invitation for bid under R131-4, the executive director may not require a person or entity who is bidding for a contract to obtain a bond of the type referred to in Subsection (1) from a specific insurance or surety company, producer, agent, or broker.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-504 Bonds Necessary When Contract is Awarded - Waiver - Action - Attorneys' Fees

(1) When a construction contract for an amount over $50,000, is awarded under R131-4, the contractor to whom the contract is awarded shall deliver the following bonds or security to the executive director, which shall become binding on the parties upon the execution of the contract:

(a) a performance bond satisfactory to the executive director that is in an amount equal to 100% of the price specified in the contract and is executed by a surety company authorized to do business in this state or any other form satisfactory to the state; and

(b) a payment bond satisfactory to the executive director that is in an amount equal to 100% of the price specified in the contract and is executed by a surety company authorized to do business in this state or any other form satisfactory to the state, which is for the protection of each person supplying labor, service, equipment, or material for the performance of the work provided for in the contract.

(2) The board finds that requiring a performance or payment bond for construction contracts of $50,000 or less is presumed not necessary to protect the state or the board, though the executive director or the board has the right on an individual contract to so require the bonds.

(3) If a contractor fails to deliver the required bonds, the contractor's bid shall be found nonresponsive and its bid security shall be forfeited.

(4) Forms of Bonds. Bid bonds, payment bonds and performance bonds must be from sureties meeting the requirements of this rule and must be on the exact bond forms most recently adopted by the board and on file with the board.

(5) Surety firm requirements. All surety firms must be authorized to do business in the state of Utah and be listed in the U.S. Department of the Treasury Circular 570, Companies Holding Certificates of Authority as Acceptable Securities on Federal Bonds and as Acceptable Reinsuring Companies for an amount not less than the amount of the bond to be issued. A co-surety may be utilized to satisfy this requirement.

(6) Waiver. The executive director may waive the bonding requirement if the executive director finds that bonds cannot be reasonably obtained for the work involved and, after seeking advice from the attorney general, that such bonds are not necessary to protect the board or the state, which finding shall be documented in the project files.

(7) A person shall have a right of action on a payment bond in accordance with Section 63G-6-505.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-505 Preliminary Notice Requirement

(1) Any person furnishing labor, service, equipment, or material for which a payment bond claim may be made under R131- 4, shall provide preliminary notice to the designated agent as prescribed by Section 38-1-32, except that this preliminary notice requirement shall not apply:

(a) to a person performing labor for wages; or

(b) if a notice of commencement is not filed as prescribed in Section 38-1-31 for the project or improvement for which labor, service, equipment or material is furnished.

(2) Any person who fails to provide the preliminary notice required by Subsection (1) may not make a payment bond claim under the Utah Procurement Code or R131-4.

(3) The preliminary notice required by Subsection (1) must be provided prior to commencement of any action on the payment bond.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-506 Form of Bonds - Effect of Certified Copy

The form of the bonds shall be as required in R131-4-503 and R131-4-504 above. Any person may obtain from the executive director a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-507 Qualifications of Contractors

(1) Pre-Bidding Requirements. The following documents must be on file with the board before the bidding documents for a project may be issued to prospective bidders.

(a) If the type of work involved with the project requires a contractor's license, a photocopy of the bidder's current Utah contractor's license showing date issued, expiration date, bid limit amount or similar restriction, and the class of work for which licensed;(b) A statement from the bidder's surety stating that it will bond the bidder for an amount at least equal to the estimated cost of the contract as determined by the executive director. This requirement can be met by having the surety file an annual statement with the board showing the bonding limit it has established for the bidder.

(2) A form of surety statement and, when applicable, a form for prequalification, are available at the principal office of the board.

(3) Project Specific Requirements. The board may include additional qualification requirements in the solicitation documents as may be appropriate for a specific project.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-601 Construction Contract Clauses

(1) Required Contract Clauses. Pursuant to Section 63G-6-601, the document entitled "Required Construction Contract Clauses", dated March 28, 2001 and on file with the executive director, is hereby incorporated by reference. Except as provided in this rule, the executive director shall include some or all of these clauses in all construction contracts for more than $50,000.

(2) Revisions to Contract Clauses. The executive director may modify the clauses for inclusion in any particular contract. The clauses required by this Section may be modified for use in any particular contract when, pursuant to this rule, the executive director makes a written determination describing the circumstances justifying the variation or variations. Notice of any material variations from the contract clauses required by this Section shall be included in any invitation for bids or request for proposals. Any variations shall be supported by a written determination by the executive director that describes the circumstances justifying the variations, and notice of any material variation shall be included in the invitation for bids or request for proposals.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-602 Certification of Change Order

Under a construction contract, any change order which increases the contract amount shall be subject to prior written certification that the change order is within the determined project or contract budget. The certification shall be made by the executive director. If the certification discloses a resulting increase in the total project or contract budget, the executive director shall not execute or make the change order unless sufficient funds are available or the scope of the project or contract is adjusted to permit the degree of completion feasible within the total project or contract budget as it existed prior to the change order under consideration. However, with respect to the validity, as to the contractor, of any executed change order upon which the contractor has reasonably relied, it shall be presumed that there has been compliance with the provisions of this rule.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-701 Procured in Accordance with R131-1

Architectural and engineering services shall be procured in accordance with R131-1.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-703 Selection as Part of Design-Build or Lease

Notwithstanding any other provision of R131-4, architect-engineer services may be procured by the board as part of the services obtained in a design-build contract or as part of the services obtained in a lease contract for real property, provided that the qualifications of those providing the architect-engineer services are part of the consideration in the selection process.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-801 In General

While the board is exempt from the requirements of Title 63G, Chapter 6, Utah Procurement Code and is required to adopt procurement rules substantially similar to the requirements of that chapter, the board recognizes that the provisions of Title 63G, Chapter 6, Utah Procurement Code Section 63G-6-801 through 63G-6-820 shall apply to the procurement processes of the board and the executive director. The following R131-801A through R131-4-820 shall be operative, whether through the Utah Procurement Code or through the rules themselves.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-801A Protest to Executive Director - Time - Authority to Resolve Protest

(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the executive director. A protest with respect to an invitation for bids or a request for proposals shall be submitted in writing prior to the opening of bids or the closing date for proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to the protest prior to bid opening or the closing date for proposals. The protest shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts giving rise thereto.

(2) The executive director shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve the protest.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-802 Effect of Timely Protest

In the event of a timely protest under R131-4-801A(1), Section 63G-6-810 or R131-4-815(1), the board shall not proceed further with the solicitation or with the award of the contract until all administrative and judicial remedies have been exhausted or until the executive director after consultation with the head of any applicable using agency or the head of any applicable purchasing agency, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the state.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-803 Costs to or Against Protestor

(1) When a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, the protestor shall be entitled to the following relief as a claim against the state:

(a) the reasonable costs incurred in connection with the solicitation, including bid preparation and appeal costs; and

(b) any equitable relief determined to be appropriate by the reviewing administrative or judicial body.

(2) When a protest is not sustained by the procurement appeals board, the protestor shall reimburse the board or the Division of Purchasing and General Services, in accordance with which agency incurred the expense, for the per diem and expenses paid to witnesses or appeals board members and any additional expenses incurred by the state agency staff who have provided materials and administrative services to the procurement appeals board for that case.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-804 Debarment from Consideration for Award of Contracts - Causes for Debarment

(1) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the executive director after consultation with the attorney general and any applicable using agency, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period exceeding three years. The executive director, after consultation with the attorney general and any applicable using agency, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period exceeding three months unless an indictment has been issued for an offense which would be a cause for debarment under Subsection (2) of R131-4-804, in which case the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person.

(2) The causes for debarment include the following:

(a) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;

(b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a state contractor;

(d) failure without good cause to perform in accordance with the terms of the contract; or

(e) any other cause the executive director determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause listed in rules and regulations.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-805 Authority to Resolve Controversy Between Capitol Preservation Board and Contractor

The board/executive director is authorized, prior to commencement of an action in court concerning the controversy, to settle and resolve a controversy which arises between the board/executive director and a contractor under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistakes, misrepresentation, or other cause for contract modification or rescission.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-806 Decisions of Executive Director to be in Writing - Effect of no Writing

(1) The executive director, or board if determined by the board, shall promptly issue a written decision regarding any protest, debarment or suspension, or contract controversy if it is not settled by a mutual agreement. The decision shall state the reasons for the action taken and inform the protestor, contractor, or prospective contractor of the right to judicial or administrative review as provided in the Utah Procurement Code and R131-4.

(2) A decision shall be effective until stayed or reversed on appeal, except to the extent provided in R131-4-802. A copy of the decision under Subsection (1) above shall be mailed or otherwise furnished immediately to the protestor, prospective contractor, or contractor. The decision shall be final and conclusive unless the protestor, prospective contractor, or contractor appeals administratively to the procurement appeals board in accordance with Subsection 63G-6-810(2) or the protestor, prospective contractor, or contractor commences an action in district court in accordance with R131-4-815 (Section 63G-6-815).

(3) If the executive director or board, depending who is considering the matter, does not issue the written decision regarding a contract controversy within 60 calendar days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-807 Procurement Appeals Board

The board recognizes the provisions of Sections 63G-6-807 through 63G-6-813, related to the procurement appeals board, as being applicable to the procurement processes of the board and the executive director.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-814 Right to Appeal to Court of Appeals

In accordance with Section 63G-6-814, any person receiving an adverse decision of the board may appeal a decision of the procurement appeals board to the court of appeals. However, no appeal may be made by the board unless recommended by the executive director and approved by the attorney general.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-815 Jurisdiction of District Court

The board recognizes the jurisdictional provisions of Section 63G-6-815 regarding the district court.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-816 Effect of Prior Determination by Agents of State

The board recognizes the provisions of Section 63G-6-816 as being applicable in that in any judicial action under R131-4- 815, determinations by employees, agents, or other persons appointed by the state shall be final and conclusive only as provided in R131- 4-419, R131-4-806, and R131-4-807.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-817 Statutes of Limitations

(1) The board recognizes the statute or limitation requirements of Section 63G-6-817 as being applicable and therefore:

(a) Any action under R131-4-815(1)(a) shall be initiated as follows:

(i) within 20 calendar days after the aggrieved person knows or should have known of the facts giving rise to the action; provided, however, that an action with respect to an invitation for bids or request for proposals shall be initiated prior to the opening of bids or the closing date for proposals unless the aggrieved person did not know and should not have known of the facts giving rise to the action prior to bid opening or the closing date for proposals; or

(ii) within 14 calendar days after receipt of a final administrative decision pursuant to either R131-4-806 or R131-4-807, whichever is applicable.

(b) Any action under R131-4-815(1)(b) shall be commenced within six months after receipt of a final administrative decision pursuant to R131-4-806 or R131-4-807, whichever is applicable.

(c) The statutory limitations on an action between private persons on a contract or for breach of contract shall apply to any action commenced pursuant to R131-4-815(1)(c), except notice of appeals from the procurement appeals board pursuant to R131-4-807 concerning actions on a contract or for breach of contract shall be filed within one year after the date of the procurement appeals board decision.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-818 Effect of Violation Prior to Award of Contract

The board recognizes Section 63G-6-818 as being applicable and therefore, if prior to award it is determined administratively or upon administrative or judicial review that a solicitation or proposed award of a contract is in violation of law, the solicitation or proposed award shall be cancelled or revised to comply with the law.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-819 Effect of Violation after Award of Contract

The board recognizes Section 63G-6-819 as being applicable and therefore, if after an award it is determined administratively or upon administrative or judicial review that a solicitation or award of a contract is in violation of law:

(1) If the person awarded the contract has not acted fraudulently or in bad faith:

(a) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or

(b) The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract prior to termination, plus a reasonable profit;

(2) If the person awarded the contract has acted fraudulently or in bad faith:

(a) The contract may be declared null and void; or

(b) The contract may be ratified and affirmed if such action is in the best interests of the state, without prejudice to the board's and the state's rights to any appropriate damages.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-820 Interest Rate

The board recognizes Section 63G-6-820 as being applicable and therefore:

(1) Except as provided in (2) below, in controversies between the board, including the executive director, and contractors under R131-4-801 through R131-4-820, interest on amounts ultimately determined to be due to a contractor or to the board and the state are payable at the rate applicable to judgments from the date the claim arose through the date of decision or judgment, whichever is later.

(2) This rule does not apply to public assistance benefits programs.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-901 Public Procurement Units

The board recognizes the applicability of Sections 63G-6-901 through 63G-6-907 and the board is authorized to enter into agreements under those Sections and those Sections shall be operative in regard to such agreements.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

Utah Admin. Code R131-4-1001 Accepting or Offering Emolument

To the extent allowed by law, the provisions of Sections 63G-6-1001 and 63G-6-1002 restricting the acceptance or offering of emolument shall apply.

History

KEY: contracts, public buildings, procurement
Date of Last Change: July 22, 2014
Notice of Continuation: December 26, 2025
Authorizing, and Implemented or Interpreted Law: 63C-9-301

R131-6 Board Designation of Space

Utah Admin. Code R131-6-1 Purpose

Pursuant to Section 63O-2-301, this rule defines the types of space located within buildings on Capitol Hill. All Capitol Facility spaces under the responsibility of the Board, shall be assigned by the Board for function and use.

History

KEY: storage, space, unassignable
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-6-2 Authority

This rule is authorized by Section 63O-2-301, directing the Board to make rules to exercise jurisdiction over such Capitol Hill facilities and grounds for which it has responsibility to administer.

History

KEY: storage, space, unassignable
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-6-3 Definitions

(1) "Assignable Space" means square-footage areas, places, or locations, within a Capitol Hill building or facility, or within exterior grounds, specified for distinct functions; including offices, hallways, closets, meeting rooms, lounges, restrooms, stairways and storage rooms.

(2) "Board" or "CPB" means the Capitol Preservation Board.

(3) "Building Official" means an individual designated to manage or control a building or portion of a building, or exterior grounds adjacent to a building.

(4) "Non-Assignable Space" means square-footage areas within a Capitol Hill building/or facility or within exterior grounds, not specified for distinct functions; including utility rooms, HVAC areas, tunnels, attics, catwalks, isolator spaces, foundation or support locations, roofs, and unoccupied or uninhabited spaces not designated for storage or other functions.

(5) "Storage" means such space within a building designated for warehousing of supplies or equipment or items related to official Capitol Hill functions.

History

KEY: storage, space, unassignable
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-6-4 Space Designation

(1) Within each building or grounds area on Capitol Hill, various spaces may be identified and recommended by the building official as suitable for a designated function. Functions assigned to such areas shall thereafter be approved by the Board.

(2) A space may not be used for a function, unless it is so designated by the Board. For example, the Board has complete control and jurisdiction over the assignment and use of spaces for storage purposes, within all buildings over which it has jurisdiction.

(3) Spaces not designated by the Board, for a specific function are non-assignable, and are considered unoccupied or uninhabitable space. For example, non-assignable spaces may not be used for other functions, including storage, or other Capitol Hill activities. Accordingly:

(a) Isolator spaces beneath the Capitol Building shall not be used for other designated functions, or intruded upon in a way that inhibits or restricts the movement of the isolators. Persons shall not accumulate materials which may act as fuel in a fire within an Isolator area.

(b) Isolator spaces shall not be accessed by persons other than those authorized to periodically check and maintain the capitol equipment and isolators.

(c) The utility tunnel circulation space, not including the ledge, which encircles the central parking lot is only intended for normal movement of people, goods, services and equipment for purposes associated with Capitol Hill functions and is not to be used for other functions.

History

KEY: storage, space, unassignable
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63O-2-301

R131-7 State Capitol Preservation Board Master Planning Policy

Utah Admin. Code R131-7-1 Purpose

Pursuant to Section 63O-2-402, this rule provides a procedure for the Executive Director to devise and develop a master-planning process for Capitol Hill facilities; for future capital facilities expansion of the state Capitol grounds, and for projected Capitol Hill facility growth needs.

History

KEY: planning-budgeting, state buildings, public buildings
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-402

Utah Admin. Code R131-7-2 Authority

This rule is authorized under Subsection 63O-2-402(1), which directs the Executive Director to develop, for Board approval, a master plan for the state Capitol facilities and grounds.

History

KEY: planning-budgeting, state buildings, public buildings
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-402

Utah Admin. Code R131-7-3 Policy

The Executive Director shall prepare annually, and maintain in current form, a 20-year Master Plan and a corresponding annual budget for all existing and planned capital facilities for the Capitol Hill facilities and grounds, which shall reflect maintenance, preservation, restoration, and modification considerations.

History

KEY: planning-budgeting, state buildings, public buildings
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-402

Utah Admin. Code R131-7-4 Review of Plan

The Board will review the State Capitol Preservation Master Plan and associated budgetary requirements at least once yearly, or when it considers requests for project funding. The Board, when requested, may also review any design or project, to assist the Executive Director in long-term planning efforts. The Master Plan shall be expected to reflect realistic budgetary perspectives, usage, deterioration, and expectation of future growth that affects projected needs of state Capitol Hill facilities and grounds.

History

KEY: planning-budgeting, state buildings, public buildings
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-402

Utah Admin. Code R131-7-5 Coordination with State Budget Policy

Following approval by the Board, the Executive Director will submit a summary of the Master Plan and annual budget to the Governor's Office of Planning and Budget, for inclusion into the Executive Branch budget, pursuant to Section 63J-1-201, et seq., for submission to the Legislature.

History

KEY: planning-budgeting, state buildings, public buildings
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-402

R131-8 CPB Facilities and Grounds: Maintenance of Aesthetics

Utah Admin. Code R131-8-1 Purpose

Pursuant to sections 63O-2-301(1)(b) and 63O-2-301(2)(a), Utah Code, this rule defines the Board's statutory requirement to preserve, maintain and restore Capitol Hill facilities and Capitol Hill grounds.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-8-2 Authority

This rule is authorized under Subsection 63O-2-402(1), Utah Code, which directs the Executive Director to develop a master plan for the Board's approval to maintain, preserve, restore, and modify the Capitol Hill facilities and Capitol Hill grounds.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-8-3 Definitions

In addition to terms defined in Sections 63G-6a-103 and 63O-2-101, Utah Code:

(a) "Board" means the Capitol Preservation Board.

(b) "Design Guidelines and Imperatives" means the document of project parameters developed and titled by that name, and issued by the Board, that sets forth the architectural design direction consistent with the master plan approved by the Board.

(c) "Historic Fabric" means antiquities of various types, which are architectural elements both old and new, in existing and new structures that support the intent of the Board's master plan and the design guidelines and imperatives.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-8-4 Alterations to Buildings Interiors

(a) Pursuant to Sections 63O-2-301 and 63O-2-402, Utah Code;

(i) No alteration to the interior of any building on Capitol Hill that is under the control of the Board shall be made without the signed, written approval of the Executive Director.

(ii) No alteration may be made to the interior of the Capitol Hill buildings that could have a visual or functional impact to the exterior appearance of the buildings, without the signed, written approval of the Executive Director.

(iii) All alterations to the interior space of any Capitol Hill facility shall comply with the architectural Design Guidelines and Imperatives and selected historic color guidelines as approved by the Executive Director, following Board approval.

(b) Historic building elements and components of significance may not be altered, changed or removed without the signed, written approval of the Executive Director. New elements that are used to restore the historically significant elements such as furnishings, paint color, lighting fixtures, artifacts and other finished materials that are consistent with the historic fabric of the Capitol, shall be treated as historically significant to the Capitol Complex. Such finishes shall apply to new structures as well as existing structures.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-8-5 Exterior Building Alterations/Appearance

(a) All objects that need to be attached to or hung from the exterior elevation of the buildings shall first have the signed, written approval of the Executive Director following Board approval.

(b) All items that are required to be mounted on the roof of any building shall first be approved by the Executive Director following Board approval.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-8-6 Alterations to Grounds

No objects may be permanently placed on the grounds without the signed, written approval of the Executive Director, following approval of the Board.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-8-7 External Requests for Changes or Projects

Pursuant to Section 63O-2-301, Utah Code:

(1) Agencies, private parties or organizations which disagree with any aspect or function or appearance of Capitol Hill facilities, and seek to have changes or modifications made thereto, shall apply for approval of such a project or function by contacting the Executive Director. The applicant shall submit:

(i) an application, and

(ii) a request for a feasibility study to be conducted to determine if the requested change, modification or alteration is consistent with authorized functions or design guidelines and imperatives, and the Board's Master Plan.

(2) Following an analysis of an application or request, the Executive Director shall:

(a) Find that the application or request is appropriate, and recommend approval to the Board; or

(b) Recommend denial of the application or request to the Board; or

(c) Contact the requesting agency or organization and suggest particular changes that may increase the possibility of the changes or project being more acceptable. Such suggestions will not be construed by the applicant as a guarantee of approval, but only that the change or project may be reconsidered.

(2) The Board may:

(a) Approve with or without recommendation,

(b) Deny with or without recommendations, or

(3) If the Board denies the change or request, the applicant shall be notified of the decision. If the applicant disagrees with the decision, and wishes to continue with their application or request, they shall begin again and re-apply.

(4) If the application or request is denied a second time, the applicant may not re-apply for the same request or project proposal until at least 12 months' time has elapsed.

(5) If the Board approves the application or request, the applicant shall be notified by the Executive Director that the change or project has been approved in accordance with the following parameters.

(i) All changes, alterations or modifications to functions, uses or facilities, and approved by the Board, will be under the direction of the Executive Director.

(ii) Where needed, the Board shall retain a designer, contractor or other professionals to perform the work.

(iii) The Executive Director must give signed, written approval of and supervise the changes, or designs and construction work.

(iv) The Executive Director will assure that any work so conducted meets the scope of the master plan and the design guidelines and imperatives.

(v) The Executive Director will assure that all historically significant fabric is preserved and protected from damage.

History

KEY: CPB, aesthetics, maintenance, architecture
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

R131-10 Commercial Solicitations

Utah Admin. Code R131-10-1 Purpose and Authority; Free Speech Solicitation Allowed

(1) The purpose of this rule is to define and implement Board policy regarding commercial solicitation activities at the Utah State Capitol Hill Complex.

(2) In general, commercial solicitation is prohibited.

(3) Nothing in this rule shall be interpreted as to infringe upon anyone's constitutional right of freedom of expression and freedom of association in the Utah State Capitol Hill Complex.

(4) This rule is promulgated pursuant to Section 63O-2-301, Utah Code.

History

KEY: commercial solicitations, leafleting, posting notices
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-10-2 Definitions

(1) The definitions of rule R131-2-3 shall apply.

(2) "Commercial Solicitation(s)" means any commercial activity conducted for the purpose of advertising, promoting, fund-raising, buying or selling any product or service, encouraging membership in any group, association or organization, or the marketing of commercial activities by distributing handbills, leaflets, circulars, advertising or dispersing printed materials for commercial purposes.

(a) "Commercial Solicitation" for the purpose of this rule does not include free speech activities as defined in rule R131-11, Utah Administrative Code.

(b) "Commercial Solicitation" for the purpose of this rule does not include filming or photographic activities, but such activities shall be subject to rule R131-2 et seq.

(c) "Commercial Solicitation" for the purpose of this rule does not include solicitation by the state or federal government; solicitation related to the business of the state, solicitation related to the procurement responsibilities of the state, solicitation allowed as a matter of right under applicable federal or state law; or solicitation made pursuant to a contract or lease with the state.

History

KEY: commercial solicitations, leafleting, posting notices
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-10-3 Commercial Solicitation Allowed under a Facility Use Permit

(1) Commercial solicitation, not prohibited by R131-10-4, may be allowed in conjunction with the issuance of a facility use permit under rule R131-2 and such commercial solicitation must comply with the facility use rules of R131-2 et seq.

(2) All materials allowed shall be displayed only on bulletin boards or in areas that have been approved in advance by the executive director.

(3) The issuance of a facility use permit shall not be construed as state endorsement of the solicitor's product, service, charity or event.

(4) Soliciting activities are subject to all littering laws and regulations.

History

KEY: commercial solicitations, leafleting, posting notices
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-10-4 Prohibited Commercial Solicitation

(1) The following commercial solicitation activities are prohibited on the Capitol Hill Complex and no facility use permit shall be issued for such:

(a) Door-to-door commercial solicitation of items, services or donations.

(b) Commercial solicitation to persons in vehicles or by leaving any commercial solicitation materials on vehicles or parking lots.

(c) Any sale of food or beverage products except by an entity under contract with the Board. Any sale of other products may only occur as allowed under a contract with the Board or as an integral part of Board/governmental business on the Capitol Hill Complex.

History

KEY: commercial solicitations, leafleting, posting notices
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

R131-11 Preservation of Free Speech Activities

Utah Admin. Code R131-11-1 Purpose

(1) The purpose of this rule is to:

(a) promote and encourage free speech on the Capitol Hill Complex;

(b) preserve the right of every person to exercise free speech and freedom of assembly as protected by the constitutions of the state of Utah and the United States, within the Capitol Hill Complex subject to lawful time, place and manner rules regarding free speech activities necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of assembly, and minimizing the disruption to governmental business;

(d) designate areas under the Capitol Preservation Board's (Board) control, including those areas delegated from the Legislative Management Committee of the Capitol Hill Complex for free speech activities as specified in this rule that are necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of assembly, and minimizing the disruption to governmental business; and

(e) establish guidelines to promote and encourage free speech activities and public assembly on the Capitol Hill Complex.

(2) This rule is intended to further the following governmental interests:

(a) to promote and encourage free speech activities on the Capitol Hill Complex;

(b) to provide for lawful time, place and manner rules regarding free speech activities necessary to protect the public health, safety and welfare;

(d) to minimize disruption to or interruption of the conduct of state business;

(e) to maintain unobstructed and efficient flow of pedestrian and vehicular traffic between and within the Capitol Hill Complex to provide safety and security of persons, emergency vehicle access, and assure accessibility to public services;

(f) to provide all persons their guaranteed right of free speech and freedom of assembly without harm or interruption;

(g) to inform persons of their responsibilities regarding littering, damage to, and vandalism of the Capitol Hill Complex; and

(h) to ensure the health, safety, and welfare of all persons visiting or using the Capitol Hill Complex.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-11-2 Authority

(1) This rule is adopted pursuant to the authority granted to the Board under Section 63O-2-301. The executive director may adopt policies and procedures to implement this rule.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-11-3 Definitions

The definitions of Section R131-2-3 shall apply to this Rule R131-11. In addition, the following definitions shall apply for purposes of this rule:

(1) "Free Speech" and "Freedom of Assembly" means the exercise of free speech and freedom of assembly as protected by the constitutions of the state of Utah and the United States.

(2) "Free Speech Activity" or "Free Speech Activities" means the use of an area of the Capitol Hill Complex for a demonstration, rally, leafleting, press conference, vigil, march or parade that is available for such activity under this rule, by one or more persons for constitutionally protected free speech or assembly.

(a) "Advanced Planned Free Speech Activity" means a free speech activity that can be reasonably scheduled in advance of its occurrence, such that the executive director may lawfully require compliance with certain requirements as specified in this rule.

(b) "Short-Notice Free Speech Activity" means a free speech activity that arises out of or is related to events or other public issues which cannot be reasonably anticipated far enough in advance of the occurrence to reasonably allow compliance with the requirements for an advanced planned free speech activity.

(3) "Demonstration" means the assembly of a group of individuals that join together to express a point of view openly.

(4) "Rally" means to hold an open gathering of a group of individuals of similar purpose to join together to express a point of view openly.

(5) "Leafleting" means the continuous unsolicited distribution of leaflets, buttons, handbills, pamphlets, flyers or any other written or similar materials indiscriminately to pedestrians or passersby.

(6) "Press Conference" is an organized formal assembly called by an individual or group to announce or express a point of view to the public utilizing the press and other media.

(7) "Vigil" means an assembly of an individual or individuals who come together to demonstrate their solidarity by an occasion or devotional watching or observance.

(8) "March" or "Parade" means the organized assembly of individuals who are celebrating or expressing a point of view while moving from one location to another.

(9) "Public Areas" are all areas on the Capitol Hill Complex which are open to the public.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-11-4 Free Speech and Freedom of Assembly; In General

(1) Unless specifically regulated by this rule as to time, place or manner, all free speech and freedom of assembly may occur in all areas of the Capitol Hill Complex in any lawful form or manner as guaranteed by the constitutions of the state of Utah and the United States.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-11-5 Time, Place, and Manner of Free Speech Activities

(1) Free Speech and Assembly Promoted and Encouraged. Free speech and freedom of assembly, as protected by the constitutions of the state of Utah and United States, is promoted and encouraged throughout the Capitol Hill Complex. Free speech activities, as specifically defined in this rule, are subject to lawful time, place and manner rules regarding free speech activities necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of assembly, and minimizing the disruption to governmental business.

(2) Subject to Capitol Hill Complex Facility Use Rule, Exception. Free speech activities shall be subject to Section R131-2-6, except that, in the case of conflict, the provisions of this Rule R131-11 shall control.

(3) Time.

(a) Free speech activities held outdoors may take place 24 hours a day subject to duration requirements specified in this rule.

(b) Free speech activities held indoors may take place during the hours such public areas are open to the public, generally between 8 a.m. to 8 p.m., during after hour legislative sessions, and during committee and agency meetings until such sessions or meetings are adjourned.

(c) To accommodate as many groups as may make requests to conduct free speech activities on a given day, a free speech activity in a specified public area may be limited to two hours when necessary to accommodate another pre-scheduled group in the same public free speech area. The time of a free speech activity in a specified public area may be shortened to two hours in duration if necessary to accommodate another group in the same public area that has qualified for a short-notice free speech activity.

(4) Place.

(a) Health, safety and welfare restricted areas that may not be reserved for a free speech activity are the vehicular traveled portions of roads, roadways or parking lots, areas directly in front of or adjacent to parking garages' entrances or exits, paths of egress or access to emergency stairs and emergency egress hallways, areas under construction which are hazardous to non-construction workers, and those specific portions of the Capitol Hill Complex that contain storage, utilities and technology servicing the Capitol Hill Complex or other areas, which either must be available for prompt repair, are not open for public use or represent a danger to members of the public.

(b) To protect the public health, safety and welfare and allow for public accessibility to and the conduct of state business, a demonstration, rally, and vigil that does not use any candles, is allowed in the following locations:

(i) Capitol Hill grounds - However, candles with a wax collection container may be used for a vigil;

(ii) south grand staircase of the Capitol;

(iii) south, east and west terraces of the Capitol;

(iv) the Capitol rotunda;

(v) the plaza between the House and Senate Buildings - However, candles with a wax collection container may be used on the lawn and gravel areas only.

(vi) the main public foyer of the Senate Building;

(vii) the State Office Building auditorium; and

(viii) the main public foyer of the House Building.

(c) To protect the public health, safety and welfare and allow for public accessibility to and the conduct of state business, a demonstration, rally, and vigil where candles are used, parade and march are allowed in the following locations:

(i) Capitol Hill grounds;

(ii) the plaza between the House and Senate Buildings - However, the plaza shall only be used for the beginning or the end of a parade or march, and candles will not be permitted on the plaza except on the lawn and gravel areas and with a wax collection container.

(d) Notwithstanding any other provision of this rule, there is no registration requirement for free speech leafleting. To protect the public, health, safety and welfare and allow for public accessibility to and the conduct of state business, free speech activity leafleting, as defined in this rule, is allowed on the Capitol Hill Complex in the areas open to the public, without interference from capitol security, provided that it is done in a nonaggressive manner and does not prevent other individuals from passing along sidewalks and through doorways. The state is allowed to enforce any applicable statutes and ordinances regarding blocking public sidewalks, blocking hallways, disorderly conduct, blocking entrances to public buildings, garage entries, assault, battery and the like consistent with the requirements of the constitutions of the state of Utah and the United States. Leafleting is not allowed by placing leaflets on vehicles on the Capitol Hill Complex.

(5) Manner.

(a) Registration and Scheduling.

(i) All free speech activities shall comply with the following requirements, except that leafleting may not be subject to any registration requirements.

(ii) An advanced planned free speech activity shall register as soon as reasonably possible, but not less than seven days in advance of the free speech activity by registering with the executive director's office or online at http://www.utahstatecapitol.utah.gov.

(iii) Persons registering will provide the following information: the name of the sponsoring organization; the name and contact information of a contact person or agent; the type of free speech activity; the date, time and duration of the free speech activity; the public area requested for use; the number of anticipated participants; and a list of equipment and services to be used in connection with the free speech activity. Registration shall be on a form prepared by the executive director.

(iv) If a person or group fails to register due to a short-notice free speech activity, they may still conduct the free speech activity provided it does not create a problem of public safety or interfere with the time and location of a previously scheduled free speech activity in the same public area and meets all the other requirements of this rule. In the case of such problem of public safety or interference, the executive director will coordinate with the applicant in reasonable efforts to find an alternative reasonable time or location.

(b) Priority.

(i) The scheduling assignment of public areas shall be made on a first-come, first-serve basis.

(ii) In the case of scheduling conflicts, first priority in the use of the public areas shall be given to government business or state sponsored activities where the authorized governmental official is reserving the public area for an expressed governmental or state need. Free speech activities shall be given priority over community service, commercial and private activities. In the case of such problem of public safety or interference, the executive director will coordinate with the applicant in reasonable efforts to find an alternative reasonable time or location.

(iii) No group or individual will be denied access to or use of a public area unless the proposed free speech activity violates this rule, applicable law, conflicts with a scheduled state sponsored activity, or conflicts with the time and location of a previously scheduled free speech activity.

(c) Consistent with the protections of the Utah and United States constitutions to preserve the free speech rights of others, outbursts or similar actions which disrupts or is likely to disrupt any government meeting or proceeding, is prohibited.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-11-6 Expedited Appeals - Free Speech Activities

(1) Claims eligible for expedited appeal. The following determinations of claims regarding a free speech activity may be appealed as provided in this rule:

(a) A determination by the executive director that a proposed event or activity is a commercially related special event and not exempted as a free speech activity;

(b) A claim by an applicant that the executive director's denial, or condition of approval, of a proposed route, time or location for a free speech activity constitutes a violation of this rule or an unlawful time, place or manner restriction; or

(c) Any other claim by an applicant that any action by the state regarding the proposed free speech activity impermissibly burdens constitutionally protected rights of the applicant, sponsor, participants or spectators.

(2) Process for Expedited Appeal:

(a) The Board acknowledges an obligation to process appeals regarding a free speech activity promptly so as to not unreasonably inhibit or unlawfully burden constitutionally protected activities. Any time limit stated in this rule may be lengthened if agreed to by the appellant and the executive director.

(i) As soon as reasonably possible, but no later than two working days after receipt of a completed registration, the executive director shall issue a determination, which may include lawful conditions, or notice of denial of the registration application.

(b) The executive director may deny the requested activity if:

(i) the requested activity does not comply with the applicable rules;

(ii) the registrant attempts to register a free speech activity, but the executive director determines that it is a commercial activity;

(iii) the event would disrupt, conflict or interfere with a state sponsored activity, a time or place reserved for another free speech activity, the operation of state business, and such determination is in accordance with applicable constitutional provisions; or

(iv) the event poses a safety or security risk to persons or property and such determination is in accordance with applicable constitutional provisions.

(c) The executive director may place conditions on the approval that alleviates such concerns, and such conditions are in accordance with this rule and applicable constitutional provisions.

(d)(i) If the applicant disagrees with a denial of the request or conditions placed on the approval, the applicant may appeal the executive director's determination by delivering the written appeal and reasons for the disagreement to the executive director.

(ii) Within three working days after the executive director receives the written appeal, the executive director may modify or affirm the determination.

(iii) If the matter is still unresolved after the issuance of the executive director's reconsideration determination, the applicant may appeal the matter, in writing, within ten calendar days to the Board's Budget Development and Board Operations Subcommittee Chair who will determine the process of the appeal and provides for a determination within five working days.

(e) If the applicant for a free speech activity needs a more expeditious process of an appeal, upon written request of the applicant, the Attorney General or designee may advise the executive director, the Board's Budget Development and Board Operations Subcommittee Chair or the Board's Chair or designee of the need to make an immediate consideration of the appeal.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-11-7 Expedited Review of Free Speech Concern

(1) If any person claims to be inhibited from the exercise of constitutionally protected free speech by a public officer, officer or other person on the Capitol Hill Complex, such person is advised to promptly notify the executive director. The executive director will then take reasonable steps in an attempt to resolve the matter.

History

KEY: free speech activities, leafleting
Date of Last Change: November 4, 2024
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 63O-2-301

R131-13 Health Reform -- Health Insurance Coverage in State Contracts -- Implementation

Utah Admin. Code R131-13-1 Purpose

The purpose of this rule is to comply with Section 63O-2-403.

History

KEY: health insurance, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: 63C-9-403; 63O-2-301(2)(a)

Utah Admin. Code R131-13-2 Authority

This rule is authorized under Subsection 63O-2-301(2)(a) whereby the Capitol Preservation Board may make rules to govern, administer, and regulate the capitol hill complex, capitol hill facilities, and capitol hill grounds by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as well as Section 63O-2-403 that requires this rule related to health insurance provisions in certain design and construction contracts.

History

KEY: health insurance, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: 63C-9-403; 63O-2-301(2)(a)

Utah Admin. Code R131-13-3 Demonstration of Compliance

(1) At such time as a contractor becomes subject to the requirements of Section 63O-2-403, the contractor shall obtain and submit to the Executive Director a written Statement of Compliance in the form published on the website of the Utah Division of Facilities Construction and Management (DFCM Website).

(2) At such time as a subcontractor of a contractor becomes subject to the requirements of Section 63O-2-403, the contractor shall obtain from the subcontractor a written Statement of Compliance in the form published on the DFCM Website.

History

KEY: health insurance, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: 63C-9-403; 63O-2-301(2)(a)

Utah Admin. Code R131-13-4 Compliance Subject to Audit

A contractor's or subcontractor's compliance with Section 63O-2-403 is subject to an audit by the Capitol Preservation Board or the Office of the Legislative Auditor General.

History

KEY: health insurance, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: 63C-9-403; 63O-2-301(2)(a)

Utah Admin. Code R131-13-5 Penalties

The penalties that may be imposed if a contractor or subcontractor intentionally violates Section 63O-2-403 may include:

(1) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation;

(2) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation;

(3) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and

(4) monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health insurance coverage for an employee and dependents of an employee of the contractor or subcontractor who were not offered qualified health insurance coverage during the duration of the contract.

History

KEY: health insurance, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: 63C-9-403; 63O-2-301(2)(a)

Utah Admin. Code R131-13-6 Benchmark Available on DFCM Website

The commercially equivalent benchmark for qualified health insurance coverage that is provided by the Utah Department of Health and Human Services in accordance with Subsection 26B-3-909(2) is available on the DFCM Website.

History

KEY: health insurance, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: 63C-9-403; 63O-2-301(2)(a)

R131-14 Parking on Capitol Hill

Utah Admin. Code R131-14-1 Purpose and Authority

(1) The purpose of this rule is to define and implement Board policy regarding parking at the Utah State Capitol Hill Complex.

(2) This rule is promulgated pursuant to Section 63O-2-301, Utah Code.

History

KEY: parking spaces Capitol Hill Complex
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-14-2 Parking Assignments

(1) Parking assignments on Capitol Hill is the responsibility of the Capitol Preservation Board's (CPB) Executive Director or designee.

(2) The identification and assignment of reserved parking spaces shall:

(a) meet the statutory requirements of Section 36-5-1 and any delegation by the Legislative Management Committee; and

(b) all remaining parking shall be distributed between all other Elected Officials, their staff and departments with preference going to the Elected Officials and their staff.

History

KEY: parking spaces Capitol Hill Complex
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-14-3 Disabled Parking Assignments

(1) The Capitol Preservation Board maintains accessible parking spaces as specified by the Americans with Disabilities Act (ADA) and the ADA Accessibility Guidelines (ADAAG). The number and placement of public reserved and accessible parking spaces were established in agreement with the Utah State Building Official. All provisions of this rule shall be interpreted consistent with the ADA and applicable Federal law. In case of conflict, the provisions of the ADA and applicable Federal law shall supersede the provisions of this rule.

(2) Due to the limited number of available spaces, the assignment of reserved accessible spaces shall be made as follows:

(a) Agencies shall give first priority to individuals who have qualified for a parking accommodation pursuant to the Americans with Disabilities Act.

(b) Agencies shall give second priority to individuals who have a "permanent disabled parking placard" from the Utah State Tax Commission Division of Motor Vehicles.

(c) Agencies shall give third priority to individuals with "temporary disabled parking placards" from the Utah State Tax Commission Division of Motor Vehicles for the duration of their temporary condition as determined by their healthcare provider, if a space is available.

(d) Individuals who have disabled parking placards and do not receive a reserved accessible parking space may park in available non-assigned accessible parking spaces located on the East side of the Capitol Hill Grounds.

(e) Unassigned, reserved accessible spaces in the underground parking plaza may be assigned to non-disabled Elected Officials or employees; however, when a request for an accessible space is made by an Elected Official or employee with a disabled parking placard, any available accessible parking space shall be relinquished to the Elected Official or employee with an accessible parking placard in accordance with the above-described priorities.

(f) In the event an accessible space is not available, employees may request individualized accommodations through their ADA coordinator who will conduct a confidential individualized assessment with the employee and/or Elected Official. If a parking accommodation is not granted at the agency level, parking accommodation appeals shall be directed to the ADA coordinator within the Division of Risk Management (801.538.9560), who will review the assessment with the employee and/or Elected Official and work with the CPB to implement reasonable accommodations if appropriate.

History

KEY: parking spaces Capitol Hill Complex
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

Utah Admin. Code R131-14-4 Assignment Process and Procedures

(1) Subject to Section 36-5-1, the CPB Executive Director will oversee and approve the number of parking spaces assigned to the legislature, executive and judicial branches of government. The CPB Executive Director may assign and designate areas of parking by departments, divisions or agencies of the executive and judicial branches. The CPB Executive Director shall provide space numbers to employees/Elected Officials of the legislative, executive and judicial branches, issue parking tags, personal data sheets and written agreements for each assigned individual to fill out and return to the CPB. The CPB Executive Director may require those assigned a parking space to execute a legal agreement protecting the State of Utah and the CPB, in accordance with a form reviewed by the Utah Attorney General's Office and the Division of Risk Management. The identification of persons with particular spaces shall be kept confidential by the CPB, the Department of Public Safety and any other State officials that receive such information in the course of State business, because the release of such information creates security and property risks.

(2) Upon the completion and signature of the personal data sheet and the written agreement, the space will be assigned, and parking privileges will be added to the employee or official's access card. Those with disabilities assigned to an accessible space will need to provide a copy of the placard to the CPB Executive Director.

(3) Because of a limited number of parking spaces on the Capitol Hill Complex, it is necessary to transition parking for both Legislative Sessions and Interim Legislative Sessions. Notices to employees may be sent out from the CPB as a courtesy. However, it is the responsibility of the individual to know which days they may and may not have a reserved parking space as identified in their signed agreement.

(4) Any executive or judicial branch employee who intentionally violates their signed parking agreement may lose the privilege to park in the space identified in the parking agreement as well as have any entrance card or device deactivated, as determined by the CPB Executive Director. Any determination by the CPB Executive Director may be appealed to the Chair of the Board Operations and Budget Development Subcommittee. However, such determination by the Chair shall be final. The designation of a parking space in the Capitol Hill Complex is a privilege and not a right.

(5) Any violation of this rule may also be prosecuted under Section 63O-2-301(2), Utah Code.

History

KEY: parking spaces Capitol Hill Complex
Date of Last Change: November 4, 2024
Notice of Continuation: September 30, 2024
Authorizing, and Implemented or Interpreted Law: 63O-2-301

R131-15 State Construction Contracts and Drug and Alcohol Testing

Utah Admin. Code R131-15-1 Purpose

The purpose of this rule is to comply with Section 63G-6a-1303.

History

KEY: drug and alcohol testing, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6a-1303

Utah Admin. Code R131-15-2 Authority

This rule is authorized under Subsection 63O-2-301(2)(a) as well as Section 63G-6a-1303.

History

KEY: drug and alcohol testing, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6a-1303

Utah Admin. Code R131-15-3 Definitions

(1) The following definitions of Section 63G-6a-1303 shall apply to any term used in this rule:

(a) "Contractor" means a person who is or may be awarded a state construction contract.

(b) "Covered individual" means an individual who:

(i) on behalf of a contractor or subcontractor provides services directly related to design or construction under a state construction contract; and

(ii) is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a state construction contract.

(c) "Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:

(i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug; or

(ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

(d) "Random testing" means that a covered individual is subject to periodic testing for drugs and alcohol:

(i) in accordance with a drug and alcohol testing policy; and

(ii) on the basis of a random selection process.

(e) For purposes of Subsection R131-15-4(5), "state" includes any of the following of the state:

(i) a department;

(ii) a division;

(iii) an agency;

(iv) a board including the Capitol Preservation Board;

(v) a commission;

(vi) a council;

(vii) a committee; and

(viii) an institution, including a state institution of higher education, as defined under Section 53B-1-102.

(f) "State construction contract" means a contract for design or construction entered into by the Capitol Preservation Board.

(g)(i) "Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction.

(ii) "Subcontractor" includes a trade contractor or specialty contractor.

(iii) "Subcontractor" does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

(2) In addition:

(a) "Board" means the Capitol Preservation Board established pursuant to Section 63O-2-201.

(b) "Executive Director" means the Executive Director of the Capitol Preservation Board.

(c) "State" as used throughout Rule R131-15 means the State of Utah except that it also includes those entities described in Subsection R131-15-3(1)(e) as the term "state" is used in Section R131-15-5.

History

KEY: drug and alcohol testing, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6a-1303

Utah Admin. Code R131-15-4 Applicability

(1) Except as provided in Section R131-15-5, on and after July 1, 2010, the Board may not enter into a state construction contract, which includes a contract for design or construction, unless the state construction contract requires the following:

(a) A contractor shall demonstrate to the Capitol Preservation Board that the contractor:

(i) has and will maintain a drug and alcohol testing policy during the period of the state construction contract that applies to the covered individuals hired by the contractor;

(ii) posts in one or more conspicuous places notice to covered individuals hired by the contractor that the contractor has the drug and alcohol testing policy described in Subsection R131-15-4(1)(a)(i); and

(iii) subjects the covered individuals to random testing under the drug and alcohol testing policy described in Subsection R131-15-4(1)(a)(i) if at any time during the period of the state construction contract there are ten or more individuals who are covered individuals hired by the contractor.

(b) A contractor shall demonstrate to the Board, which shall be demonstrated by a provision in the contract where the contractor acknowledges this rule and agrees to comply with all aspects of this rule , that the contractor requires that as a condition of contracting with the contractor, a subcontractor, which includes consultants under contract with the designer:

(i) has and will maintain a drug and alcohol testing policy during the period of the state construction contract that applies to the covered individuals hired by the subcontractor;

(ii) posts in one or more conspicuous places notice to covered individuals hired by the subcontractor that the subcontractor has the drug and alcohol testing policy described in Subsection R131-15-4(1)(b)(i); and

(iii) subjects the covered individuals hired by the subcontractor to random testing under the drug and alcohol testing policy described in Subsection R131-15-4(1)(b)(i) if at any time during the period of the state construction contract there are ten or more individuals who are covered individuals hired by the subcontractor.

(2)(a) Except as otherwise provided in this Subsection R131-15-4(2), if a contractor or subcontractor fails to comply with Subsection R131-15-4(1), the contractor or subcontractor may be suspended or debarred in accordance with this rule.

(b) On and after July 1, 2010, the Board shall include in a state construction contract a reference to this rule.

(c)(i) A contractor is not subject to penalties for the failure of a subcontractor to comply with Subsection R131-15- 4(1).

(ii) A subcontractor is not subject to penalties for the failure of a contractor to comply with Subsection R131-15-4(1).

(3)(a) The requirements and procedures a contractor shall follow to comply with Subsection R131-15-4(1) is that the contractor, by executing the construction contract with the Board, is deemed to certify to the Board that the contractor, and all subcontractors under the contractor that are subject to Subsection R131-15-4(1), shall comply with this rule as well as Section 63G-6a-1303; and that the contractor shall on a semi-annual basis throughout the term of the contract, report to the Executive Director in writing information that indicates compliance with this rule and Section 63G-6a-1303.

(b) A contractor or subcontractor may be suspended or debarred in accordance with the applicable Utah statutes and rules, if the contractor or subcontractor violates Section 63G-6a-1303. The contractor or subcontractor shall be provided reasonable notice and opportunity to cure a violation of Section 63G-6a-1303 before suspension or debarment of the contractor or subcontractor in light of the circumstances of the state construction contract or the violation. The greater the risk to persons or property as a result of noncompliance, the shorter this notice and opportunity to cure shall be, including the possibility that the notice may provide for immediate compliance if necessary to protect persons or property.

(4) The failure of a contractor or subcontractor to meet the requirements of Subsection R131-15-4(1):

(a) may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under Title 63G, Chapter 6a, Part 16, Protests or the similar rules of the Board; and

(b) may not be used by the Board, a prospective bidder, an offeror, a contractor, or a subcontractor as a basis for an action that would suspend, disrupt, or terminate the design or construction under a state construction contract.

(5)(a) After the Board enters into a state construction contract in compliance with Section 63G-6a-1303, the state is not required to audit, monitor, or take any other action to ensure compliance with Section 63G-6a-1303.

(b) The state is not liable in any action related to Section 63G-6a-1303 and this rule, including not being liable in relation to:

(i) a contractor or subcontractor having or not having a drug and alcohol testing policy;

(ii) failure to test for a drug or alcohol under a contractor's or subcontractor's drug and alcohol testing policy;

(iii) the requirements of a contractor's or subcontractor's drug and alcohol testing policy;

(iv) a contractor's or subcontractor's implementation of a drug and alcohol testing policy, including procedures for:

(A) collection of a sample;

(B) testing of a sample;

(D) disciplinary or rehabilitative action on the basis of a test result;

(v) an individual being under the influence of drugs or alcohol; or

(vi) an individual under the influence of drugs or alcohol harming another person or causing property damage.

History

KEY: drug and alcohol testing, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6a-1303

Utah Admin. Code R131-15-5 Non-applicability

(1) This rule and Section 63G-6a-1303 does not apply if the Board determines that the application of this rule or Section 63G-6a-1303 would severely disrupt the operation of a state agency to the detriment of the state agency or the general public, including:

(a) jeopardizing the receipt of federal funds;

(b) the state construction contract being a sole source contract; or

History

KEY: drug and alcohol testing, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6a-1303

Utah Admin. Code R131-15-6 Not Limit Other Lawful Policies

If a contractor or subcontractor meets the requirements of Section 63G-6a-1303 and this rule, this rule may not be construed to restrict the contractor's or subcontractor's ability to impose or implement an otherwise lawful provision as part of a drug and alcohol testing policy.

History

KEY: drug and alcohol testing, contractors, contracts
Date of Last Change: November 4, 2024
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6a-1303

R131-16 Electronic Meetings

Utah Admin. Code R131-16-1 Electronic Meetings

(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. This Rule R131-16 establishes procedures for conducting Capital Preservation Board (hereinafter "Board") meetings by electronic means.

(2) Procedure. The following provisions govern any meeting at which one or more Board members appear electronically pursuant to Section 52-4-207:

(a) If one or more members of the Board desire to participate electronically, such member(s) shall contact the Executive Director of the Capitol Preservation Board (hereinafter "Executive Director"). The Executive Director shall assess the practicality of facility requirements needed to conduct the meeting electronically in a manner that allows for the attendance, participation and monitoring as required by this Rule. If it is practical, the Presiding Officer or Executive Director shall determine whether to allow for such electronic participation, and the public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Board not participating electronically will be present and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location and be provided in accordance with the Open and Public Meetings Act. The anchor location is the physical location where the electronic meeting originates or where the participants are connected. The anchor location shall be identified in the public notice for the meeting. Unless otherwise designated in the notice, the anchor location shall be a room in the Utah State Capitol Hill Complex where the Board would normally meet if the Board was not holding an electronic meeting.

(c) Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting. In addition, the notice shall describe how a Board member may participate in the meeting electronically.

(d) When notice is given of the possibility of a Board member participating electronically, any Board member may do so and any voting Board member, whether at the anchor location or participating electronically, shall be counted as present for purposes of a quorum and may fully participate and vote. At the commencement of the meeting, or at such time as any Board member initially appears electronically, the Presiding Officer shall identify for the record all those who are participating electronically. Votes by members of the Board who are not at the anchor location of the meeting shall be confirmed by the Presiding Officer.

(e) The anchor location will have space and facilities so that interested persons and the public may attend, monitor and participate in the open portions of the meeting, as appropriate.

History

KEY: electronic meetings, procedures
Date of Last Change: November 21, 2014
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207