Section 1208 – Installment payments — Contract prepayments.
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 […]
Section 1209 – Leases.
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 […]
Section 1210 – Contract provisions for incentives, damages, and penalties.
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
Section 1207 – Certification of change order.
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) […]
Section 1205 – Regulation of contract types — Permitted and prohibited contract types.
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 […]
Section 1206 – Rules to determine allowable incurred costs — Required information.
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, […]
Section 1206.3 – Auditing of books of contractor or subcontractor.
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 […]
Section 1206.5 – Change in contract price.
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 […]
Section 1202 – Standard contract clauses encouraged.
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
Section 1203 – Certain indemnification provisions forbidden — Exceptions.
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, […]