(1) The division shall establish and publish maximum allowable fees for both basic services and complexities for architect and design professional services based on: (a) project size and complexity; (b) regional market conditions; (c) industry standards for educational facilities; and (d) historical cost data from comparable projects. (2) An LEA shall: (a) ensure that no contract for architect or design professional services exceeds the maximum fees established by the division under Subsection (1); (b) submit all proposed contracts to the division for verification of compliance with maximum fee limits before execution; and (c) demonstrate through competitive procurement that proposed fees represent fair market value within the established maximums. (3) If an LEA believes a project requires fees exceeding the division's maximum allowable fees, the LEA shall: (a) submit a detailed written request to the division before soliciting proposals; (b) provide documentation of unique project circumstances requiring specialized expertise; (c) demonstrate that the project cannot be completed within the fee schedule; and (d) obtain written approval from the division before proceeding. (4) The division shall: (a) review cost submissions within 15 business days; (b) provide written explanation for any required modifications; and (c) update cost benchmarks annually based on market conditions. (5) The division shall develop and maintain a library of standardized school design templates developed in collaboration with architects experienced in the design of school facilities that: (a) provide pre-approved design options for common school types and sizes; (b) reduce architectural costs through standardized specifications; (c) accelerate the approval process for school districts using standard designs; (d) allow modifications for site-specific requirements; and (e) are updated every five years to reflect current educational needs. (6) The division shall develop and maintain a library of standardized school design templates developed in collaboration with architects experienced in the design of school facilities that: (a) provide pre-approved design options for common school types and sizes; (b) reduce architectural costs through: (i) reduced design scope for projects using prototype designs; (ii) standardized specifications and details; (iii) elimination of redundant design work; and (iv) lower fee schedule tiers for prototype-based projects; (c) accelerate the approval process through: (i) pre-approved building systems and layouts; (ii) reduced plan review time for projects adhering to prototype designs; and (iii) streamlined permitting when no significant prototype modifications are made; (d) allow modifications for site-specific requirements; and (e) are updated every five years to reflect current educational needs and building standards. (7) An LEA using a standardized design prototype: (a) shall comply with all procurement requirements under Title 63G, Chapter 6a, Utah Procurement Code; (b) may receive reduced architect fees reflecting the limited scope of site adaptation work; (c) may receive an expedited plan review within 10 business days if no significant modifications are made; (d) is encouraged to use design-build delivery methods with prototype designs to maximize cost savings; and (e) shall coordinate with the division on any proposed modifications to ensure continued compliance with prototype standards. (8) An LEA shall procure architect and design professional services: (a) in accordance with Title 63G, Chapter 6a, Part 15, Design Professional Services; (b) using qualifications-based selection procedures as required by Subsection 63G-6a-1502(1); (c) based on demonstrated competence and qualification for the type of services required; and (d) not based solely on price. (9) An LEA may appeal the division's maximum fee determinations or denials of requests for fee exceptions to the appeals panel established under Section 63A-5b-1221.
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