§ 17B-1-108. Restrictions on local district procurement of architect-engineer services.

(1) As used in this section:

(a) "Architect-engineer services" means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102.

(b) "Engineer services" means those professional services within the scope of the practice of professional engineering as defined in Section 58-22-102.

(2) When a local district elects to obtain architect services or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process:

(a) a higher education entity, or any part of one, may not submit a proposal in response to the local district's competitive procurement process; and

(b) the local district may not award a contract to perform the architect services or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.

(3) Notwithstanding Subsection 63G-6a-105(3), each local district board that engages the services of a professional architect, engineer, or surveyor and considers more than one such professional for the engagement:

(a) shall consider, as a minimum, in the selection process:

(i) the qualifications, experience, and background of each firm submitting a proposal;

(ii) the specific individuals assigned to the project and the time commitments of each to the project; and

(iii) the project schedule and the approach to the project that the firm will take; and

(b) may engage the services of a professional architect, engineer, or surveyor based on the criteria under Subsection (3)(a) rather than solely on lowest cost.

Amended by Chapter 347, 2012 General Session