Utah Code § 63A-5b-1203

Construction delivery methods -- Restrictions
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(1) For public school construction exceeding $3,000,000, an LEA shall use one of the following
delivery methods authorized under Section 63G-6a-1302:
(a) design-bid-build;
(b) design-build; or
(c) a construction manager general contractor, subject to the restrictions in Subsection (2).
(2)
(a) An LEA may use a construction manager general contractor delivery method if:
(i) the LEA demonstrates to the division that the project meets appropriate criteria for using a
construction manager general contractor under Subsection 63G-6a-1302(3);
(ii) the LEA employs or contracts with qualified construction management staff with
demonstrated construction manager general contractor experience; and
(iii) the LEA submits a detailed project management plan approved by the division.
(b) The division may only deny approval for a construction manager general contractor delivery
method if:
(i) the LEA lacks sufficient expertise to manage the project;
(ii) the project does not meet appropriate criteria under Subsection 63G-6a-1302(3); or
(iii) other methods of delivery would provide better cost control and project outcomes.
(3) The division shall:
(a) establish clear criteria for when a construction manager general contractor delivery method is
appropriate, considering the factors described in Subsection 63G-6a-1302(3);
(b) provide training to an LEA on:
(i) proper implementation of each delivery method authorized under Section 63G-6a-1302;
(ii) cost control measures for each delivery method; and
(iii) circumstances when each delivery method is most appropriate; and
(c) require additional oversight and reporting for projects using a construction manager or general
contractor.
(4) For projects under $3,000,000, an LEA shall use design-bid-build unless the division approves
an alternative delivery method under Section 63G-6a-1302.

(5) An LEA shall comply with all procurement requirements under Title 63G, Chapter 6a, Utah
Procurement Code, when using any construction delivery method, including:
(a) requirements for selection of contractors in Subsection 63G-6a-1302(5) when using a
construction manager or general contractor;
(b) requirements for subcontractor procurement in Subsection 63G-6a-1302(5)(b); and
(c) any other applicable procurement standards established in Title 63G, Chapter 6a, Utah
Procurement Code.
(6) For projects exceeding $500,000, an LEA shall select contractors only from the qualified
contractor registry established under Section 63A-5b-1216.
(7) The contractor registry requirement in Subsection (6):
(a) establishes pre-qualification standards but does not replace competitive procurement
requirements;
(b) limits the pool of eligible bidders to qualified contractors; and
(c) applies to all delivery methods authorized under this section.

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