R907-66-2. Definitions

  For purposes of this rule, R907-66, the following definitions apply:

  (1) "Brooks Act" means a commonly used term for the Federal Property and Administrative Services Act of 1949 (Public Law 92--582, 86 Stat. 1278 (1972) and 40 U.S.C. Chapter 11, Section 1101-1104.

  (2) "Competitive negotiation" means any form of negotiation that utilizes qualifications-based procedures complying with the Brooks Act.

  (3) "Consultant" means an expert the Department contracts with to perform professional services as may be necessary to the planning, progress, and completion of any design, engineering, and engineering-related service.

  (4) "Desk review" means a process that includes a limited-scope examination of a Consultant's original source documentation and communication to provide reasonable assurance that costs presented are not materially misstated and comply with FAR and 2 CFR Part 200.

  (5) "The division" means the Consultant Services Division of the Department of Transportation.

  (6) "Engineering," "the practice of engineering," and "professional engineering" mean the same as the terms are defined in Utah Code Section 58-22-102(9)(a).

  (7) "FAR" means Federal Acquisition Regulations, Title 48, Code of Federal Regulations.

  (8) "Federal-aid highway funds" means funds authorized by Congress to assist the Department in providing for construction, reconstruction, and improvement of highways and bridges on eligible Federal-Aid highway routes and for other special purpose programs and projects.

  (9) "Other Professional Services" means grant writing, asset management, transportation research, prototype development, technology transfer, project-related public involvement, right of way acquisition services, or other services as deemed necessary by the executive director or designee.

  (10) "Qualifications-based selection" or "QBS" means that procurement process 40 U.S.C. Sections 1101 -- 1104 (Brooks Act), as a process for public agencies to use for architectural, engineering, and related professional services for public construction projects and Utah Code 63G-6a Part 15 for procurement of design professional services.

  (11) "Risk Assessment" means a process that includes identifying and analyzing potential internal control deficiencies and evaluation of initial evidence for indications of noncompliance with FAR and 2 CFR Part 200 and making judgments on the tolerability of the risk of accepting the Consultant's indirect cost rate(s) as presented without further action.