Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 280 First Substitute (2023GS)

Sponsor

Rep. Owens, D.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• eliminates a requirement that a local government entity post notice of a bid on a building improvement or public works project in five public places;
• requires notice of the bid to be posted on the state procurement notice website; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL GOVERNMENT CONSTRUCTION PROJECT BID
NOTICE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: 
 Todd D. Weiler
LONG TITLE
General Description:
This bill modifies a provision relating to notice requirements for bids for a local
government construction project.
Highlighted Provisions:
This bill:
▸ eliminates a requirement that a local government entity post notice of a bid on a
building improvement or public works project in five public places;
▸ requires notice of the bid to be posted on the state procurement notice website; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-39-103
, as last amended by Laws of Utah 2021, Chapter 355
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-39-103
 is amended to read:
11-39-103.
Requirements for undertaking a building improvement or public
works project -- Request for bids -- Authority to reject bids.
(1) If the estimated cost of the building improvement or public works project exceeds
the bid limit, the local entity shall, if it determines to proceed with the building improvement or
public works project:
(a) request bids for completion of the building improvement or public works project by
posting notice, at least five days before opening the bids, on
:
[
(i) posting notice at least five days before opening the bids in at least five public
places in the local entity and leaving the notice posted for at least three days; and
]
[
(ii) posting notice on
] 
(i)
 the Utah Public Notice Website created in Section
63A-16-601
[
, at least five days before opening the bids
]; and
(ii) a state website that is:
(A) owned or managed by or provided under contract with the division; and
(B) established for the purpose of posting public procurement notices; and
(b) except as provided in Subsection (3), enter into a contract for the completion of the
building improvement or public works project with:
(i) the lowest responsive responsible bidder; or
(ii) for a design-build project formulated by a local entity, a responsible bidder that:
(A) offers design-build services; and
(B) satisfies the local entity's criteria relating to financial strength, past performance,
integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
to perform fully and in good faith the contract requirements for a design-build project.
(2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
any or all bids submitted.
(b) (i) The cost of a building improvement or public works project may not be divided
to avoid:
(A) exceeding the bid limit; and
(B) subjecting the local entity to the requirements of this section.
(ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
building improvement or public works project that would, without dividing, exceed the bid
limit if the local entity complies with the requirements of this section with respect to each part
of the building improvement or public works project that results from dividing the cost.
(3) (a) The local entity may reject any or all bids submitted.
(b) If the local entity rejects all bids submitted but still intends to undertake the
building improvement or public works project, the local entity shall again request bids by
following the procedure provided in Subsection (1)(a).
(c) If, after twice requesting bids by following the procedure provided in Subsection
(1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
body may undertake the building improvement or public works project as it considers
appropriate.