No. 30591 (Amendment): R131-1. Procurement of Architectural and Engineering Services

DAR File No.: 30591
Filed: 10/15/2007, 09:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is promulgated pursuant to Section 63C-9-301 which directs the board, except as provided in Subsection 63C-9-301(2), to exercise complete jurisdiction over the Capitol Hill complex, which includes establishing procedures for procurement of architectural and engineering services by the State Capitol Preservation Board.

Summary of the rule or change:

Section 63C-9-301 provides for and authorizes the State Capitol Preservation Board to adopt rules governing, administering, and regulating the State Capitol Hill facilities and grounds. This rule was changed to meet the Government Records Access and Management Act (GRAMA) requirements.

State statutory or constitutional authorization for this rule:

Section 63C-9-301

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget. The changes in this rule are to make it consistent with the GRAMA requirements.

local governments:

There is no impact to local government. The changes in this rule are to make it consistent with the GRAMA requirements.

small businesses and persons other than businesses:

There is no impact to small businesses or other persons. The changes in this rule are to make it consistent with the GRAMA requirements.

Compliance costs for affected persons:

There is no impact to persons. The changes in this rule are to make it consistent with the GRAMA requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

The actions of the Capitol Preservation Board does not affect businesses. David Hart, AIA, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2110

Direct questions regarding this rule to:

Sarah Whitney at the above address, by phone at 801-538-3074, by FAX at 801-538-3221, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2007

This rule may become effective on:

12/10/2007

Authorized by:

David H. Hart, AIA, Executive Director

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

R131-1. Procurement of Architectural and Engineering Services.

R131-1-2. Definitions.

(1) Terms used in this rule are defined in Section 63-56-5.

(2) In addition:

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

(b) "Office" means the staff and facilities of the executive-director to the Board pursuant to Sections 63C-9-401, and 402.

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

(d) "State" means the State of Utah.

 

R131-1-10. Disclosure of Submittals, Performance [Evaluation]Evaluations, References and Award.

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

(2) The Executive Director shall, throughout the course of, and at the end of the contract, evaluate the performance of the architectural/engineering firm; verbally and in writing. There shall be at least one verbal review of the architectural/ engineering firm's performance on each project, prior to the project's completion. The Executive Director shall also advise the architectural/engineering firm, in writing, about their performance at the end of the project. If the firm wishes to respond to those evaluation(s), it may enter its response(s) in the file.

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

(4) The classification of records as protected and the treatment of such records shall be as provided in Section R131-4-411.5.

(5) 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 Subsection 63-2-304(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 Director may, however, provide reference information to other governmental entities for use in their procurement activities and to other parties when requested by the architect-engineer 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.

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

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

(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 the selection, except that the names of the individual scorers shall 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 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 or Executive Director and shall be classified as protected records:

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

(b) non-public financial statements.

 

R131-1-14. Performance Evaluations.

(1) The Executive Director shall evaluate the performance of the architectural/engineering firm.

(2) This evaluation shall become a part of the record of that architectural/engineering firm with the Board and the State. The architectural/engineering firm shall be provided 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 addressed as provided in Subsection R131-1-10(5).

 

[R131-1-14.]R131-1-15. Alternative Procedures.

(1) The Board may revise or enhance the procurement process whenever the Executive Director determines that it would be in the best interest of the State. Examples of enhancements or changes which may be made include design competitions and outside representation on selection committees.

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

 

KEY: architects, capitol-preservation, engineers, procurement

Date of Enactment or Last Substantive Amendment: [March 13, 2000]2007

Notice of Continuation: February 16, 2005

Authorizing, and Implemented or Interpreted Law: 63C-9-101 et seq.