Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

NOTICES OF PROPOSED RULES DAR File No. 33621
33621
Administrative Services, Facilities
Construction and Management
R23-1
Procurement of Construction
NOTICE OF PROPOSED RULE
(Amendment)
DAR FILE NO.: 33621
FILED: 05/06/2010
RULE ANALYSIS
PURPOSE OF THE RULE OR REASON FOR THE
CHANGE: The change to Section R23-1-20 increases the
amount regarding small purchases for construction from
$10,000 to $25,000 and allows the Division of Facilities
Construction and Management (DFCM) Director to procure
small purchases for professional services related to
construction including cost estimators, project schedulers,
building inspectors, code inspectors, special inspectors, and
testing entities if the cost of such professional service is
$100,000 or less in any manner that the Director shall deem
to be adequate and reasonable, which is a similar amount
currently for architectural and engineer services.
SUMMARY OF THE RULE OR CHANGE: The change to
Section R23-1-20 increases the amount regarding small
purchases for construction from $10,000 to $25,000 and
allows the DFCM Director to procure small purchases for
professional services related to construction including cost
estimators, project schedulers, building inspectors, code
inspectors, special inspectors, and testing entities if the cost
of such professional service is $100,000 or less in any
manner that the Director shall deem to be adequate and
reasonable, which is a similar amount currently for
architectural and engineer services.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR
THIS RULE: Section 63G-6-101
ANTICIPATED COST OR SAVINGS TO:
♦ THE STATE BUDGET: It is anticipated this change to
Section R23-1-20 could result in a minimal savings to the
state budget. The minimal savings will be a result of less
state employee staff time spent on procurement of
professional services related to construction. The actual
amount of these savings is unknown until this rule is
implemented.
♦ LOCAL GOVERNMENTS: It is not anticipated that there
could be either a cost or savings to local government
because local governments do not have any jurisdiction or
costs associated with state facilities and grounds owned,
occupied, or leased by the state for the use of its departments
and/or agencies.
♦ SMALL BUSINESSES: It is anticipated there could be
minimal savings to small businesses employing fewer than 50
persons if the business is involved in construction or provides
professional services related to construction, including cost
estimators and project schedulers, architects, and engineers.
This savings could result due to a decrease in staff time spent
on proposals and bids and obtaining signatures on said
proposals. It is not possible to know an actual amount of
these savings until this rule is implemented and each
business would be different depending on business size and
the scope of work of each project.
♦ PERSONS OTHER THAN SMALL BUSINESSES,
BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It
is not anticipated there could be any costs to other than small
businesses, businesses, or local government entities
because Section R23-1-20 applies to DFCM State
construction projects and the procurement of professional
services related to construction. The rule changes do not
include services from any individual, partnership, corporation,
association, governmental entity, or public or private
organization other than those who provide professional
services for construction.
COMPLIANCE COSTS FOR AFFECTED PERSONS: It is
not anticipated there will be any anticipated compliance costs
to implement this change to Section R23-1-20. There could
be a cost savings for affected persons due to the reduction of
staff time spent on State construction projects.
COMMENTS BY THE DEPARTMENT HEAD ON THE
FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:
The fiscal impact on businesses could be a minimal cost
savings in staff time and compensation.
THE FULL TEXT OF THIS RULE MAY BE INSPECTED,
DURING REGULAR BUSINESS HOURS, AT:
ADMINISTRATIVE SERVICES
FACILITIES CONSTRUCTION AND MANAGEMENT
ROOM 4110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201
or at the Division of Administrative Rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
♦ Alan Bachman by phone at 801-538-3105, by FAX at
801-538-3313, or by Internet E-mail at abachman@utah.gov
♦ La Priel Dye by phone at 801-538-3240, by FAX at
801-538-3313, or by Internet E-mail at ldye@utah.gov
♦ Priscilla Anderson by phone at 801-538-9595, by FAX at
801-538-3378, or by Internet E-mail at phanderson@utah.gov
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON
THIS RULE BY SUBMITTING WRITTEN COMMENTS NO
LATER THAN AT 5:00 PM ON 07/01/2010
THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2010
6 UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11