Construction Wage Standard Act

30
34-30-9
34-30-14
34-58-101
34-58-102
34-58-103
34-58-104
34-58-105
34-58-106
63G-6a-103
63G-6a-603
0
Construction Wage Standard Act
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses wage standards for construction projects.
Highlighted Provisions:
This bill:
defines terms;
directs the Labor Commission to determine the wages for the occupations a construction
project requires for each county;
establishes:
a wage minimum that a contractor may pay a qualifying employee;
a recordkeeping requirement; and
the penalties for noncompliance; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-30-9
, as last amended by Laws of Utah 2018, Chapter 148
34-30-14
, as last amended by Laws of Utah 2023, Chapter 16
63G-6a-103
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63G-6a-603
, as last amended by Laws of Utah 2020, Chapter 257
ENACTS:
34-58-101
, Utah Code Annotated 1953
34-58-102
, Utah Code Annotated 1953
34-58-103
, Utah Code Annotated 1953
34-58-104
, Utah Code Annotated 1953
34-58-105
, Utah Code Annotated 1953
34-58-106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
34-30-9
is amended to read:
34-30-9
. Violation of chapter -- Failure to keep or produce records --
Misdemeanor.
Any
An
officer, agent
,
or representative of the state, or of
any
a
political subdivision,
district
,
or municipality
of it who shall violate, or omit to comply with any of the provisions of
that violates
this chapter, and
any
a
contractor or subcontractor, or agent or representative
thereof, doing
such
public work,
who shall neglect
that fails
to keep
, or cause to be kept,

an accurate record of the names, occupation
,
and actual wages paid to each laborer
, workman

and mechanic employed by him or her, in connection with this public work or who shall refuse
to allow access to same at any reasonable hour to any person authorized to inspect same under
this chapter
,
is guilty of a class B misdemeanor.
Section 2. Section
34-30-14
is amended to read:
34-30-14
. Public works -- Wages.
(1)
For purposes of this section:
(a)
"Political subdivision" means a county, city, town, school district, special district,
special service district, public corporation, institution of higher education of the state,
public agency of any political subdivision, or other entity that expends public funds
for construction, maintenance, repair or improvement of public works.
(b)
"Public works" or "public works project" means a building, road, street, sewer, storm
drain, water system, irrigation system, reclamation project, or other facility owned or
to be contracted for by the state or a political subdivision, and that is to be paid for in
whole or in part with tax revenue paid by residents of the state.
(c)
"Qualifying employee" means the same as that term is defined in Section
34-58-101
.
(2)
(a)
Except as provided in Subsection
(2)(b)
or (c),

or as required by federal or state
law,
the state or
any
a
political subdivision that contracts for the construction,
maintenance, repair, or improvement of public works may not require that a
contractor,
a
subcontractor,
or
a
material supplier
,
or
a
carrier engaged in the
construction, maintenance, repair, or improvement of public works pay
its employees
an employee of the contractor, the subcontractor, the material supplier, or the carrier
:
(i)
a predetermined amount of wages or wage rate; or
(ii)
a type, amount, or rate of employee benefits.
(b)
Subsection
(2)(a)
does not apply when federal law requires the payment of prevailing
or minimum wages to
persons
a person
working on
projects
a project
funded in
whole or in part by federal funds.
(c)
Subsection
(2)(a)
does not apply when the employee of the contractor, the
subcontractor, the material supplier, or the carrier is a qualifying employee.
(3)
The state or any political subdivision that contracts for the construction, maintenance,
repair, or improvement of public works may not require that a contractor, subcontractor,
or material supplier or carrier engaged in the construction, maintenance, repair or
improvement of public works execute or otherwise become a party to any project labor
agreement, collective bargaining agreement, prehire agreement, or any other agreement
with employees, their representatives, or any labor organization as a condition of
bidding, negotiating, being awarded, or performing work on a public works project.
(4)
This section applies to any contract executed after May 1, 1995.
Section 3. Section
34-58-101
is enacted to read:
58. Construction Wage Standard Act
1. General Provisions
34-58-101
. Definitions.
As used in this chapter:
(1)
"Commission" means the Labor Commission created in Section 34A-1-103.
(2)
(a)
"Construction project" means a project for the construction, renovation, alteration,
or improvement of a public facility on real property with a total cost, including
services, labor, supplies, and materials, of at least $100,000.
(b)
"Construction project" does not include the day-to-day operation, repair, or routine
maintenance of an existing public facility.
(3)
"Contractor" means a contractor, a subcontractor, or a public entity.
(4)
"Division" means the Division of Purchasing and General Services created in Section
63A-2-101
.
(5)
"Prevailing wage" means the median hourly wage plus benefits for each county and for
each occupation.
(6)
"Procurement unit" means the same as that term is defined in Section
63G-6a-103
.
(7)
"Prosecuting agency" means the same as that term is defined in Section
78B-9-502
.
(8)
"Public entity" means the same as that term is defined in Section
63G-6a-103
.
(9)
"Public facility" means the same as that term is defined in Section
63G-6a-103
.
(10)
(a)
"Qualifying employee" means a laborer or a mechanic that a contractor employs
directly on the site of a construction project.
(b)
"Qualifying employee" does not include:
(i)
an employee whose work involves only the transportation of materials or
equipment to or from the site of a construction project; or
(ii)
a prisoner that the penal system employs.
(11)
"Wage determination guide" means the Wage and Hour Division Davis-Bacon Wage
Determination Conformance Request Guide that the United States Department of Labor
publishes.
(12)
"Wage standard" means the minimum wage that the commission determines for a
qualifying employee for each county and for each occupation based on the prevailing
wage.
Section 4. Section
34-58-102
is enacted to read:
34-58-102
. Determination of the wage standard.
(1)
(a)
The commission shall determine the wage standard.
(b)
The commission may not make the wage standard less than the wage determination
guide.
(2)
The commission shall maintain and publish a list of the wage standards.
(3)
(a)
The commission may review a wage standard at any time.
(b)
The commission shall review the wage standards:
(i)
at least once per year; and
(ii)
within 60 days after the day on which the United States Department of Labor
makes a change to the wage determination guide.
Section 5. Section
34-58-103
is enacted to read:
34-58-103
. Qualifying employees paid wage standard.
(1)
Except as provided in Subsection
(2)
, a contractor shall pay a qualifying employee at
least the wage standard that the commission publishes for the qualifying employee's
occupation in the county where the qualifying employee performs the work.
(2)
(a)
Subject to Subsection
(2)(b)
, a contractor shall pay a qualifying employee who
participates in a training or an apprenticeship program, approved by the United States
Department of Labor Office of Apprenticeship, in accordance with the training or
apprenticeship program's wage guidelines.
(b)
A contractor may not pay a qualifying employee described in Subsection
(2)(a)
less
than 50% of the wage standard.
(3)
A procurement unit shall include the wage standard for the county for each occupation a
construction project requires in the invitation to bid.
Section 6. Section
34-58-104
is enacted to read:
34-58-104
. Recordkeeping -- Reporting requirement.
(1)
A contractor shall keep a payroll record of a qualifying employee showing the:
(a)
qualifying employee's name;
(b)
hours worked for each occupation for which the contractor engages the qualifying
employee; and
(c)
wages paid for each occupation for which the contractor engages the qualifying
employee.
(2)
A contractor shall maintain the record described in Subsection
(1)
for at least three years
after the day on which the contractor completes a construction contract.
Section 7. Section
34-58-105
is enacted to read:
34-58-105
. Criminal penalties -- Enforcement.
(1)
A contractor that violates this chapter is guilty of a class B misdemeanor.
(2)
In addition to other penalties, a court may impose a fine equal to the difference between
the wage paid and the wage standard at the time of employment.
(3)
A court shall deposit the fine that the court receives under this section into the General
Fund as a dedicated credit to the division to pay for the cost of administering this chapter.
Section 8. Section
34-58-106
is enacted to read:
34-58-106
. Civil penalties.
(1)
In addition to the criminal penalties described in Section
34-58-105
, a qualifying
employee may bring a civil action against a contractor to enforce Section
34-58-103
.
(2)
(a)
A qualifying employee that brings an action in accordance with Subsection
(1)

may:
(i)
seek injunctive relief against the contractor; and
(ii)
recover the difference between the wage paid and the wage standard at the time of
employment, plus interest.
(b)
The court may award court costs and attorney fees to the prevailing party.
(3)
A qualifying employee shall bring an action under this section within two years after the
day on which the qualifying employee completes work on the construction project.
Section 9. Section
63G-6a-103
is amended to read:
63G-6a-103
. Definitions.
As used in this chapter:
(1)
"Approved vendor" means a person
who
that
has been approved for inclusion on an
approved vendor list through the approved vendor list process.
(2)
"Approved vendor list" means a list of approved vendors established under Section
63G-6a-507
.
(3)
"Approved vendor list process" means the procurement process described in Section
63G-6a-507
.
(4)
(a)
"Award" means, in relation to a contract, a procurement unit's selection of a
vendor to supply a procurement item after the procurement unit engages in:
(i)
a standard procurement process; or
(ii)
an exception to a standard procurement process under Part
8, Exceptions to
Procurement Requirements
.
(b)
"Award" does not mean, in relation to a contract, a procurement unit's offer or
acceptance of any terms or conditions related to the procurement unit's acquisition or
receipt of the procurement item.
(5)
"Bidder" means a person
who
that
submits a bid or price quote in response to an
invitation for bids.
(6)
"Bidding process" means the procurement process described in Part 6, Bidding.
(7)
"Board" means the Utah State Procurement Policy Board, created in Section
63G-6a-202
.
(8)
"Change directive" means a written order signed by the procurement officer that directs
the contractor to suspend work or make changes, as authorized by contract, without the
consent of the contractor.
(9)
"Change order" means a written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of a contract, upon
mutual agreement of the parties to the contract.
(10)
"Chief procurement officer" means the individual appointed under Section
63A-2-102
.
(11)
"Conducting procurement unit" means a procurement unit that conducts all aspects of
a procurement:
(a)
except:
(i)
reviewing a solicitation to verify that it is in proper form; and
(ii)
causing the publication of a notice of a solicitation; and
(b)
including:
(i)
preparing any solicitation document;
(ii)
appointing an evaluation committee;
(iii)
conducting the evaluation process, except the process relating to scores
calculated for costs of proposals;
(iv)
selecting and recommending the person to be awarded a contract;
(v)
negotiating the terms and conditions of a contract, subject to the issuing
procurement unit's approval; and
(vi)
contract administration.
(12)
(11)
(a)
"Conducting procurement unit" means a procurement unit that conducts
aspects of a procurement.
(b)
"Conducting procurement unit" includes:
(i)
preparing a solicitation document;
(ii)
appointing an evaluation committee;
(iii)
conducting the evaluation process, except the process relating to scores
calculated for costs of proposals;
(iv)
selecting and recommending the person to be awarded a contract;
(v)
negotiating the terms and conditions of a contract, subject to the issuing
procurement unit's approval; and
(vi)
administering a contract.
(c)
"Conducting procurement unit" does not include:
(i)
reviewing a solicitation to verify that the solicitation is in proper form; or
(ii)
causing the publication of a notice of a solicitation.
(12)
"Conservation district" means the same as that term is defined in Section
17D-3-102
.
(13)
(a)
"Construction project":
(a)
means a project for the construction, renovation, alteration, improvement, or repair
of a public facility on real property, including all services, labor, supplies, and
materials for the project; and
"Construction project" means a project for the construction, renovation, alteration, improvement, or repair of a public facility on real property.
(b)
"Construction project" includes the following for the construction project:
(i)
services;
(ii)
labor;
(iii)
supplies; and
(iv)
materials.
(b)
(c)
"Construction project"
does not include
services and supplies
a service or a
supply
for
the
an existing public facility's:

(i)
routine, day-to-day operation
,
;

(ii)
repair
,
;
or
(iii)
maintenance
of an existing public facility
.
(14)
"Construction manager/general contractor":
(a)
means a contractor who enters into a contract:
(i)
for the management of a construction project; and
(ii)
that allows the contractor to subcontract for additional labor and materials that
are not included in the contractor's cost proposal submitted at the time of the
procurement of the contractor's services; and
(b)
does not include a contractor whose only subcontract work not included in the
contractor's cost proposal submitted as part of the procurement of the contractor's
services is to meet subcontracted portions of change orders approved within the
scope of the project.
(15)
"Construction subcontractor":
(a)
means a person under contract with a contractor or another subcontractor to provide
services or labor for the design or construction of a construction project;
(b)
includes a general contractor or specialty contractor licensed or exempt from
licensing under Title
58, Chapter 55
, Utah Construction Trades Licensing Act; and
(c)
does not include a supplier who provides only materials, equipment, or supplies to a
contractor or subcontractor for a construction project.
(16)
(14)
(a)
"Construction manager" means a contractor that enters into a contract:
(i)
for the management of a construction project; and
(ii)
that allows the contractor to subcontract for additional labor and materials that are
not included in the contractor's cost proposal submitted at the time of the
procurement of the contractor's services.
(b)
"Construction manager" does not include a contractor that only performs subcontract
work which the contractor does not include on the cost proposal submitted as part of
the procurement of the contractor's services.
(15)
(a)
"Construction subcontractor" means a person under contract with a contractor or
another subcontractor to provide a service or labor for the design or construction of a
construction project.
(b)
"Construction subcontractor" includes a general contractor or specialty contractor
licensed or exempt from licensing under Title 58, Chapter 55, Utah Construction
Trades Licensing Act.
(c)
"Construction subcontractor"does not include a supplier that provides only materials,
equipment, or supplies to a contractor or subcontractor for a construction project.
(16)
"Contract" means an agreement for a procurement.
(17)
"Contract administration" means all functions, duties, and responsibilities associated
with managing, overseeing, and carrying out a contract between a procurement unit and
a contractor, including:
(a)
implementing the contract;
(b)
ensuring compliance with the contract terms and conditions by the conducting
procurement unit and the contractor;
(c)
executing change orders;
(d)
processing contract amendments;
(e)
resolving, to the extent practicable, contract disputes;
(f)
curing contract errors and deficiencies;
(g)
terminating a contract;
(h)
measuring or evaluating completed work and contractor performance;
(i)
computing payments under the contract; and
(j)
closing out a contract.
(18)
"Contractor" means a person
who
that
is awarded a contract with a procurement unit.
(19)
"Cooperative procurement" means procurement conducted by, or on behalf of:
(a)
more than one procurement unit; or
(b)
a procurement unit and a cooperative purchasing organization.
(20)
"Cooperative purchasing organization" means an organization, association, or alliance
of purchasers established to combine purchasing power in order to obtain the best value
for the purchasers by engaging in procurements in accordance with Section
63G-6a-2105
.
(21)
"Cost-plus-a-percentage-of-cost contract" means a contract under which the contractor
is paid a percentage of the total actual expenses or costs in addition to the contractor's
actual expenses or costs.
(22)
"Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract
terms and the provisions of this chapter, and a fee, if any.
(23)
"Days" means calendar days, unless expressly provided otherwise.
(24)
"Definite quantity contract" means a fixed price contract that provides for a specified
amount of supplies over a specified period, with deliveries scheduled according to a
specified schedule.
(25)
"Design professional" means:
(a)
an individual licensed as an architect under Title
58, Chapter 3a
, Architects
Licensing Act;
(b)
an individual licensed as a professional engineer or professional land surveyor under
Title
58, Chapter 22
, Professional Engineers and Professional Land Surveyors
Licensing Act;
(c)
an individual licensed under Title
58, Chapter 53
, Landscape Architects Licensing
Act, to engage in the practice of landscape architecture, as defined in Section
58-53-102
; or
(d)
an individual certified as a commercial interior designer under Title
58, Chapter 86
,
State Certification of Commercial Interior Designers Act.
(26)
"Design professional procurement process" means the procurement process described
in Part
15, Design Professional Services
.
(27)
"Design professional services" means:
(a)
professional services within the scope of the practice of architecture as defined in
Section
58-3a-102
;
(b)
professional engineering as defined in Section
58-22-102
;
(c)
master planning and programming services;
(d)
professional services within the scope of the practice of landscape architecture, as
defined in Section
58-53-102
; or
(e)
services within the scope of the practice of commercial interior design, as defined in
Section
58-86-102
.
(28)
"Design-build" means the procurement of design professional services and
construction by the use of a single contract.
(29)
"Division" means the Division of Purchasing and General Services, created in Section
63A-2-101
.
(30)
"Educational procurement unit" means:
(a)
a school district;
(b)
a public school, including a local school board or a charter school;
(c)
the Utah Schools for the Deaf and the Blind;
(d)
the Utah Education and Telehealth Network;
(e)
an institution of higher education of the state described in Section
53H-1-102
; or
(f)
the State Board of Education.
(31)
"Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a)
is regularly maintained by a manufacturer or contractor;
(b)
is published or otherwise available for inspection by customers; and
(c)
states prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the
supplies or services involved.
(32)
(a)
"Executive branch procurement unit" means a department, division, office,
bureau, agency, or other organization within the state executive branch.
(b)
"Executive branch procurement unit" does not include the Colorado River Authority
of Utah as provided in Section
63M-14-210
.
(33)
"Facilities division" means the Division of Facilities Construction and Management,
created in Section
63A-5b-301
.
(34)
"Fixed price contract" means a contract that provides a price, for each procurement
item obtained under the contract, that is not subject to adjustment except to the extent
that:
(a)
the contract provides, under circumstances specified in the contract, for an
adjustment in price that is not based on cost to the contractor; or
(b)
an adjustment is required by law.
(35)
"Fixed price contract with price adjustment" means a fixed price contract that provides
for an upward or downward revision of price, precisely described in the contract, that:
(a)
is based on the consumer price index or another commercially acceptable index,
source, or formula; and
(b)
is not based on a percentage of the cost to the contractor.
(36)
"Grant" means an expenditure of public funds or other assistance, or an agreement to
expend public funds or other assistance, for a public purpose authorized by law, without
acquiring a procurement item in exchange.
(37)
"Human services procurement item" means a procurement item used to provide
services or support to a child, youth, adult, or family.
(38)
"Immaterial error":
(a)
means an irregularity or abnormality that is:
(i)
a matter of form that does not affect substance; or
(ii)
an inconsequential variation from a requirement of a solicitation that has no,
little, or a trivial effect on the procurement process and that is not prejudicial to
other vendors; and
(b)
includes:
(i)
a missing signature, missing acknowledgment of an addendum, or missing copy
of a professional license, bond, or insurance certificate;
(ii)
a typographical error;
(iii)
an error resulting from an inaccuracy or omission in the solicitation; and
(iv)
any other error that the procurement official reasonably considers to be
immaterial.
(39)
(38)
(a)
"Immaterial error" means an irregularity or abnormality that is:
(i)
a matter of form that does not affect substance; or
(ii)
an inconsequential variation from a requirement of a solicitation that has no, little,
or a trivial effect on the procurement process and that is not prejudicial to another
vendor.
(b)
"Immaterial error" includes:
(i)
a missing signature, a missing acknowledgment of an addendum, or a missing
copy of a professional license, a bond, or an insurance certificate;
(ii)
a typographical error;
(iii)
an error resulting from an inaccuracy or an omission in the solicitation; and
(iv)
any other error that the procurement official reasonably considers to be
immaterial.
(39)
"Indefinite quantity contract" means a fixed price contract that:
(a)
is for an indefinite amount of procurement items to be supplied as ordered by a
procurement unit; and
(b)
(i)
does not require a minimum purchase amount; or
(ii)
provides a maximum purchase limit.
(40)
"Independent procurement unit" means:
(a)
(i)
a legislative procurement unit;
(ii)
a judicial branch procurement unit;
(iii)
an educational procurement unit;
(iv)
a local governmental procurement unit;
(v)
a conservation district;
(vi)
a local building authority;
(vii)
a special district;
(viii)
a public corporation;
(ix)
a special service district; or
(x)
the Utah Communications Authority, established in Section
63H-7a-201
;
(b)
the facilities division, but only to the extent of the procurement authority provided
under Title
63A, Chapter 5b
, Administration of State Facilities;
(c)
the attorney general, but only to the extent of the procurement authority provided
under Title
67, Chapter 5
, Attorney General;
(d)
the Department of Transportation, but only to the extent of the procurement authority
provided under Title
72, Transportation Code
;
(e)
the Department of Health and Human Services, but only for the procurement of a
human services procurement item; or
(f)
any other executive branch department, division, office, or entity that has statutory
procurement authority outside this chapter, but only to the extent of that statutory
procurement authority.
(41)
(a)
"Interlocal entity" means a separate political subdivision created under Title
11,
Chapter 13
, Interlocal Cooperation Act.
(b)
"Interlocal entity" does not include a project entity.
(42)
"Invitation for bids":
(a)
means a document used to solicit:
(i)
bids to provide a procurement item to a procurement unit; or
(ii)
quotes for a price of a procurement item to be provided to a procurement unit;
and
(b)
includes all documents attached to or incorporated by reference in a document
described in Subsection
(42)(a)
.
(43)
(42)
(a)
"Invitation for bids" means a document used to solicit:
(i)
a bid to provide a procurement item to a procurement unit; or
(ii)
a quote for a price of a procurement item to be provided to a procurement unit.
(b)
"Invitation for bids" includes documents attached to or incorporated by reference in a
document described in Subsection
(42)(a)
.
(43)
"Issuing procurement unit" means a procurement unit that:
(a)
reviews a solicitation to verify that
it
the solicitation
is in proper form;
(b)
causes the notice of a solicitation to be published; and
(c)
negotiates and approves the terms and conditions of a contract.
(44)
"Judicial procurement unit" means:
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
the Judicial Council;
(d)
a state judicial district; or
(e)
an office, committee, subcommittee, or other organization within the state judicial
branch.
(45)
"Labor hour contract" is a contract under which:
(a)
the supplies and materials are not provided by, or through, the contractor; and
(b)
the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit
for a specified number of labor hours or days.
(46)
"Legislative procurement unit" means:
(a)
the Legislature;
(b)
the Senate;
(c)
the House of Representatives;
(d)
a staff office of the Legislature, the Senate, or the House of Representatives; or
(e)
a committee, subcommittee, commission, or other organization:
(i)
within the state legislative branch; or
(ii)
(A)
that is created by statute to advise or make recommendations to the
Legislature;
(B)
the membership of which includes legislators; and
(C)
for which the Office of Legislative Research and General Counsel provides
staff support.
(47)
"Local building authority" means the same as that term is defined in Section
17D-2-102
.
(48)
"Local government procurement unit" means:
(a)
a county, municipality, interlocal entity, or project entity, and each office of the
county, municipality, interlocal entity, or project entity, unless:
(i)
the county or municipality adopts a procurement code by ordinance;
(ii)
the interlocal entity adopts procurement rules or policies as provided in
Subsection
11-13-226
(2); or
(iii)
the project entity adopts a procurement code through the process described in
Section
11-13-316
;
(b)
(i)
a county or municipality that has adopted this entire chapter by ordinance, and
each office or agency of that county or municipality; and
(ii)
a project entity that has adopted this entire chapter through the process described
in Subsection
11-13-316
; or
(c)
a county, municipality, or project entity, and each office of the county, municipality,
or project entity that has adopted a portion of this chapter to the extent that:
(i)
a term in the ordinance is used in the adopted chapter; or
(ii)
a term in the ordinance is used in the language a project entity adopts in its
procurement code through the process described in Section
11-13-316
.
(49)
"Multiple award contracts" means the award of a contract for an indefinite quantity of
a procurement item to more than one person.
(50)
"Multiyear contract" means a contract that extends beyond a one-year period,
including a contract that permits renewal of the contract, without competition, beyond
the first year of the contract.
(51)
"Municipality" means a city or town.
(52)
"Nonadopting local government procurement unit" means:
(a)
a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement
Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
General Provisions Related to Protest or Appeal; and
(b)
each office or agency of a county or municipality described in Subsection
(52)(a)
.
(53)
"Offeror" means a person
who
that
submits a proposal in response to a request for
proposals.
(54)
"Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(55)
"Procure" means to acquire a procurement item through a procurement.
(56)
"Procurement" means the acquisition of a procurement item through an expenditure of
public funds, or an agreement to expend public funds, including an acquisition through a
public-private partnership.
(57)
"Procurement item" means an item of personal property, a technology, a service, or a
construction project.
(58)
"Procurement official" means:
(a)
for a procurement unit other than an independent procurement unit, the chief
procurement officer;
(b)
for a legislative procurement unit, the individual, individuals, or body designated in a
policy adopted by the Legislative Management Committee;
(c)
for a judicial procurement unit, the Judicial Council or an individual or body
designated by the Judicial Council by rule;
(d)
for a local government procurement unit:
(i)
the legislative body of the local government procurement unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a special district, the board of trustees of the special district or the board of
trustees' designee;
(f)
for a special service district, the governing body of the special service district or the
governing body's designee;
(g)
for a local building authority, the board of directors of the local building authority or
the board of directors' designee;
(h)
for a conservation district, the board of supervisors of the conservation district or the
board of supervisors' designee;
(i)
for a public corporation, the board of directors of the public corporation or the board
of directors' designee;
(j)
for a school district or any school or entity within a school district, the board of the
school district or the board's designee;
(k)
for a charter school, the individual or body with executive authority over the charter
school or the designee of the individual or body;
(l)
for an institution of higher education described in Section
53H-1-102
, the president of
the institution of higher education or the president's designee;
(m)
for the State Board of Education, the State Board of Education or the State Board of
Education's designee;
(n)
for the Utah Board of Higher Education, the Commissioner of Higher Education or
the designee of the Commissioner of Higher Education;
(o)
for the Utah Communications Authority, established in Section
63H-7a-201
, the
executive director of the Utah Communications Authority or the executive director's
designee; or
(p)
(i)
for the facilities division, and only to the extent of procurement activities of the
facilities division as an independent procurement unit under the procurement
authority provided under Title
63A, Chapter 5b
, Administration of State Facilities,
the director of the facilities division or the director's designee;
(ii)
for the attorney general, and only to the extent of procurement activities of the
attorney general as an independent procurement unit under the procurement
authority provided under Title
67, Chapter 5
, Attorney General, the attorney
general or the attorney general's designee;
(iii)
for the Department of Transportation created in Section
72-1-201
, and only to
the extent of procurement activities of the Department of Transportation as an
independent procurement unit under the procurement authority provided under
Title
72, Transportation Code
, the executive director of the Department of
Transportation or the executive director's designee;
(iv)
for the Department of Health and Human Services, and only to the extent of the
procurement activities of the Department of Health and Human Services as an
independent procurement unit, the executive director of the Department of Health
and Human Services or the executive director's designee; or
(v)
for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, and only to the extent of the
procurement activities of the department, division, office, or entity as an
independent procurement unit under the procurement authority provided outside
this chapter for the department, division, office, or entity, the chief executive
officer of the department, division, office, or entity or the chief executive officer's
designee.
(59)
"Procurement unit"means:
(a)
a legislative procurement unit;
(b)
an executive branch procurement unit;
(c)
a judicial procurement unit;
(d)
an educational procurement unit;
(e)
the Utah Communications Authority, established in Section
63H-7a-201
;
(f)
a local government procurement unit;
(g)
a special district;
(h)
a special service district;
(i)
a local building authority;
(j)
a conservation district; or
(k)
a public corporation.
(60)
"Professional service" means labor, effort, or work that requires specialized
knowledge, expertise, and discretion, including labor, effort, or work in the field of:
(a)
accounting;
(b)
administrative law judge service;
(c)
architecture;
(d)
construction design and management;
(e)
engineering;
(f)
financial services;
(g)
information technology;
(h)
the law;
(i)
medicine;
(j)
psychiatry; or
(k)
underwriting.
(61)
"Project entity" means the same as that term is defined in Section
11-13-103
.
(62)
"Protest officer" means:
(a)
for the division or an independent procurement unit:
(i)
the procurement official;
(ii)
the procurement official's designee who is an employee of the procurement

unit; or
(iii)
a person designated by rule made by the rulemaking authority; or
(b)
for a procurement unit other than an independent procurement unit, the chief
procurement officer or the chief procurement officer's designee

who is an
employee of the division

.
(63)
"Public corporation" means the same as that term is defined in Section
63E-1-102
.
(64)
"Public entity" means the state or any other governmental entity within the state that
expends public funds.
(65)
"Public facility" means a building, structure, infrastructure, improvement, or other
facility of a public entity.
(66)
"Public funds" means money, regardless of its source, including from the federal
government, that is owned or held by a procurement unit.
(67)
"Public transit district" means a public transit district organized under Title
17B,
Chapter 2a, Part 8
, Public Transit District Act.
(68)
"Public-private partnership" means an arrangement or agreement, occurring on or after
January 1, 2017, between a procurement unit and one or more contractors to provide for
a public need through the development or operation of a project in which the contractor
or contractors share with the procurement unit the responsibility or risk of developing,
owning, maintaining, financing, or operating the project.
(69)
"Qualified vendor" means a vendor
who
that
:
(a)
is responsible; and
(b)
submits a responsive statement of qualifications under Section
63G-6a-410
that
meets the minimum mandatory requirements, evaluation criteria, and any applicable
score thresholds set forth in the request for statement of qualifications.
(70)
"Real property" means land and any building, fixture, improvement, appurtenance,
structure, or other development that is permanently affixed to land.
(71)
"Request for information" means a nonbinding process through which a procurement
unit requests information relating to a procurement item.
(72)
"Request for proposals" means a document used to solicit proposals to provide a
procurement item to a procurement unit, including all other documents that are attached
to that document or incorporated in that document by reference.
(73)
"Request for proposals process" means the procurement process described in Part
7,
Request for Proposals
.
(74)
"Request for statement of qualifications" means a document used to solicit information
about the qualifications of a person interested in responding to a potential procurement,
including all other documents attached to that document or incorporated in that
document by reference.
(75)
"Requirements contract" means a contract:
(a)
under which a contractor agrees to provide a procurement unit's entire requirements
for certain procurement items at prices specified in the contract during the contract
period; and
(b)
that:
(i)
does not require a minimum purchase amount; or
(ii)
provides a maximum purchase limit.
(76)
"Responsible" means being capable, in all respects, of:
(a)
meeting all the requirements of a solicitation; and
(b)
fully performing all the requirements of the contract resulting from the solicitation,
including being financially solvent with sufficient financial resources to perform the
contract.
(77)
"Responsive" means conforming in all material respects to the requirements of a
solicitation.
(78)
"Rule" includes a policy or regulation adopted by the rulemaking authority, if adopting
a policy or regulation is the method the rulemaking authority uses to adopt provisions
that govern the applicable procurement unit.
(79)
"Rulemaking authority" means:
(a)
for a legislative procurement unit, the Legislative Management Committee;
(b)
for a judicial procurement unit, the Judicial Council;
(c)
(i)
only to the extent of the procurement authority expressly granted to the
procurement unit by statute:
(A)
for the facilities division, the facilities division;
(B)
for the Office of the Attorney General, the attorney general;
(C)
for the Department of Transportation created in Section
72-1-201
, the
executive director of the Department of Transportation;
(D)
for the Department of Health and Human Services, the executive director of
the Department of Health and Human Services; and
(E)
for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, the governing authority of
the department, division, office, or entity; and
(ii)
for each other executive branch procurement unit, the board;
(d)
for a local government procurement unit:
(i)
the governing body of the local government unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a school district or a public school, the board, except to the extent of a school
district's own nonadministrative rules that do not conflict with the provisions of this
chapter;
(f)
for an institution of higher education, the Utah Board of Higher Education;
(g)
for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
State Board of Education;
(h)
for a public transit district, the chief executive of the public transit district;
(i)
for a special district other than a public transit district or for a special service district,
the board, except to the extent that the board of trustees of the special district or the
governing body of the special service district makes its own rules:
(i)
with respect to a subject addressed by board rules; or
(ii)
that are in addition to board rules;
(j)
for the Utah Educational Savings Plan, created in Section
53H-10-202
, the Utah
Board of Higher Education;
(k)
for the School and Institutional Trust Lands Administration, created in Section
53C-1-201
, the School and Institutional Trust Lands Board of Trustees;
(l)
for the School and Institutional Trust Fund Office, created in Section
53D-1-201
, the
School and Institutional Trust Fund Board of Trustees;
(m)
for the Utah Communications Authority, established in Section
63H-7a-201
, the
Utah Communications Authority board, created in Section
63H-7a-203
; or
(n)
for any other procurement unit, the board.
(80)
"Service":
(a)
means labor, effort, or work to produce a result that is beneficial to a procurement
unit;
(b)
includes a professional service; and
(c)
does not include labor, effort, or work provided under an employment agreement or
a collective bargaining agreement.
(81)
(80)
(a)
"Service" means labor, effort, or work to produce a result that is beneficial
to a procurement unit.
(b)
"Service" includes a professional service.
(c)
"Service" does not include labor, effort, or work provided under an employment
agreement or a collective bargaining agreement.
(81)
"Small purchase process" means the procurement process described in Section
63G-6a-506
.
(82)
"Sole source contract" means a contract resulting from a sole source procurement.
(83)
"Sole source procurement" means a procurement without competition pursuant to a
determination under Subsection
63G-6a-802
(1)(a) that there is only one source for the
procurement item.
(84)
"Solicitation" means an invitation for bids, request for proposals, or request for
statement of qualifications.
(85)
"Solicitation response" means:
(a)
a bid submitted in response to an invitation for bids;
(b)
a proposal submitted in response to a request for proposals; or
(c)
a statement of qualifications submitted in response to a request for statement of
qualifications.
(86)
"Special district" means the same as that term is defined in Section
17B-1-102
.
(87)
"Special service district" means the same as that term is defined in Section
17D-1-102
.
(88)
"Specification" means any description of the physical or functional characteristics or of
the nature of a procurement item included in an invitation for bids or a request for
proposals, or otherwise specified or agreed to by a procurement unit, including a
description of:
(a)
a requirement for inspecting or testing a procurement item; or
(b)
preparing a procurement item for delivery.
(89)
"Standard procurement process" means:
(a)
the bidding process;
(b)
the request for proposals process;
(c)
the approved vendor list process;
(d)
the small purchase process; or
(e)
the design professional procurement process.
(90)
"State cooperative contract" means a contract awarded by the division for and in behalf
of all public entities.
(91)
"Statement of qualifications" means a written statement submitted to a procurement
unit in response to a request for statement of qualifications.
(92)
"Subcontractor":
(a)
means a person under contract to perform part of a contractual obligation under the
control of the contractor, whether the person's contract is with the contractor directly
or with another person who is under contract to perform part of a contractual
obligation under the control of the contractor; and
(b)
includes a supplier, distributor, or other vendor that furnishes supplies or services to
a contractor.
(93)
(92)
(a)
"Subcontractor" means a person under contract with a contractor or another
subcontractor to provide services or labor for the construction, installation, repair, or
improvement to real property.
(b)
"Subcontractor" includes:
(i)
a supplier;
(ii)
a distributor; or
(iii)
a vendor that furnishes a supply or a service to a contractor.
(93)
"Technology" means the same as "information technology," as defined in Section
63A-16-102
.
(94)
"Tie bid" means that the lowest responsive bids of responsible bidders are identical in
price.
(95)
"Time and materials contract" means a contract under which the contractor is paid:
(a)
the actual cost of direct labor at specified hourly rates;
(b)
the actual cost of materials and equipment usage; and
(c)
an additional amount, expressly described in the contract, to cover overhead and
profit, that is not based on a percentage of the cost to the contractor.
(96)
(a)
"Transitional costs":
"Transitional costs" means the cost of changing:
(a)
means the costs of changing:
(i)
from an existing provider of a procurement item to another provider of that
procurement item; or
(ii)
from an existing type of procurement item to another type;
(i)
from an existing provider;
(ii)
from an existing provider of a procurement item to another provider of that
procurement item; or
(iii)
from an existing type of procurement item to another type.
(b)
includes
"Transitional costs" include
:
(i)
training costs;
(ii)
conversion costs;
(iii)
compatibility costs;
(iv)
costs associated with system downtime;
(v)
disruption of service costs;
(vi)
staff time necessary to implement the change;
(vii)
installation costs; and
(viii)
ancillary software, hardware, equipment, or construction costs; and
(c)
does
"Transitional costs" do
not include:
(i)
the costs of preparing for or engaging in a procurement process; or
(ii)
contract negotiation or drafting costs.
(97)
"Vendor":
(a)
means a person who is seeking to enter into a contract with a procurement unit to
provide a procurement item; and
(b)
includes:
(i)
a bidder;
(ii)
an offeror;
(iii)
an approved vendor;
(iv)
a design professional; and
(v)
a person who submits an unsolicited proposal under Section
63G-6a-712
.
(97)
(a)
"Vendor" means a person that is seeking to enter into a contract with a
procurement unit to provide a procurement item.
(b)
"Vendor" includes:
(i)
a bidder;
(ii)
an offeror;
(iii)
an approved vendor;
(iv)
a design professional; and
(v)
a person that submits an unsolicited proposal under Section
63G-6a-712
.
(98)
"Wage standard" means the same as that term is defined in Section
34-58-101
.
Section 10. Section
63G-6a-603
is amended to read:
63G-6a-603
. Invitation for bids -- Requirements -- Publication -- Wage standard.
(1)
A procurement unit that intends to award a contract for a procurement item using the
bidding process shall issue an invitation for bids.
(2)
A procurement unit shall include in an invitation for bids:
(a)
a description of the procurement item
that the procurement unit seeks
;
(b)
instructions for submitting a bid, including the deadline for submitting a bid;
(c)
the objective criteria
that
the procurement unit will use to evaluate bids;
(d)
information about the time and manner of opening bids; and
(e)
terms and conditions
that
the procurement unit intends to include in a contract
resulting from the bidding process.
(3)
A procurement unit shall publish an invitation for bids in accordance with the
requirements of Section
63G-6a-112
.
(4)
Notwithstanding Section
34-30-14
, for a construction project, the procurement unit shall
include in the invitation for bids notice that the procurement contract requires the
contractor to:
(a)
pay each qualifying employee at least the wage standard; and
(b)
certify compliance with Title 14, Contractors' Bonds.
Section 11.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-9-26 11:12 AM