Utah Code § 63A-5b-1203: Construction delivery methods -- Restrictions.

(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.