Effective 3/29/2014 63G-6a-1202. Standard contract clauses encouraged. A procurement unit is encouraged to establish standard contract clauses to assist the procurement unit and to help contractors and potential contractors to understand applicable requirements. Repealed and Re-enacted by Chapter 196, 2014 General Session
Effective 5/12/2015 63G-6a-1203. Certain indemnification provisions forbidden — Exceptions. (1) A contract, including an amendment to an existing contract, entered into under this chapter may not require that a design professional indemnify another from liability claims that arise out of the design professional’s services, unless the liability claim arises from the design professional’s negligent act, […]
Effective 5/5/2021 63G-6a-1204. Multiyear contracts. (1) Except as provided in Subsection (7), a procurement unit may enter into a multiyear contract resulting from an invitation for bids or a request for proposals, if: (a) the procurement official determines, in the discretion of the procurement official, that entering into a multiyear contract is in the best […]
Effective 5/12/2020 63G-6a-1204.5. Multiple award contracts. (1) (a) Through a standard procurement process, the division or an independent procurement unit may enter into multiple award contracts with multiple persons. (b) The applicable rulemaking authority may make rules, consistent with this section, regulating the use of multiple award contracts. (2) Multiple award contracts may be in […]
Effective 5/12/2020 63G-6a-1205. Regulation of contract types — Permitted and prohibited contract types. (1) Except as otherwise provided in this section, and subject to rules made under this section by the rulemaking authority, a procurement unit may use any type of contract that will promote the best interests of the procurement unit. (2) A rulemaking […]
Effective 5/12/2020 63G-6a-1206. Rules to determine allowable incurred costs — Required information. (1) (a) A rulemaking authority may, by rule, establish the cost principles to be included in a cost-reimbursement contract to determine incurred costs for the purpose of calculating a reimbursement. (b) The cost principles established by rule under Subsection (1)(a) may be modified, […]
Effective 3/28/2016 63G-6a-1206.3. Auditing of books of contractor or subcontractor. (1) A procurement officer or an audit entity under contract with the procurement unit may audit the books and records of a contractor or subcontractor. (2) An audit under Subsection (1): (a) is limited to the books and records that relate to the applicable contract […]
Effective 5/5/2021 63G-6a-1206.5. Change in contract price. (1) As used in this section, “contract price”: (a) means the price under an existing contract between a procurement unit and a contractor; and (b) does not include a proposed price or cost contained in a solicitation response or any other bid, proposal, or offer submitted by a […]
63G-6a-1207. Certification of change order. (1) Under a construction contract, a change order that increases the contract amount may not be made without prior written certification that the change order is within the determined project or contract budget by: (a) the fiscal officer of the entity responsible for funding the project or contract; or (b) […]
Effective 5/12/2020 63G-6a-1208. Installment payments — Contract prepayments. (1) A contract entered into by a procurement unit may provide for installment payments, including interest charges, over a period of time, if the procurement official makes a written finding that: (a) the use of installment payments are in the interest of the procurement unit; (b) installment […]
Effective 5/12/2020 63G-6a-1209. Leases. (1) As used in this section, “lease” means for a procurement unit to lease or lease-purchase a procurement item from a person. (2) This section does not apply to the lease of real property. (3) A procurement unit may not lease a procurement item unless the procurement unit complies with the […]
63G-6a-1210. Contract provisions for incentives, damages, and penalties. A procurement unit may include in a contract terms that provide for: (1) incentives, including bonuses; (2) payment of damages, including liquidated damages; or (3) penalties. Enacted by Chapter 445, 2013 General Session
