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

DAR File No. 33650
NOTICES OF PROPOSED RULES
sealed bidding, exercise of the option shall be at the purchasing
agency's discretion only, and not subject to agreement or acceptance
by the contractor.
(2) Exercise of Option. Before exercising any option for
renewal, extension, or purchase, the procurement officer should
attempt to ascertain whether a competitive procurement is practical,
in terms of pertinent competitive and cost factors, and would be
more advantageous to the purchasing agency than renewal or
extension of the existing contract.
. . . . . . .
KEY: government purchasing
Date of Enactment or Last Substantive Amendment: [August 1,
2008]2010
Notice of Continuation: November 23, 2007
Authorizing, and Implemented or Interpreted Law: 63G-6
33635
Administrative Services, Purchasing
and General Services
R33-5
Construction and Architect-Engineer
Selection
NOTICE OF PROPOSED RULE
(Amendment)
DAR FILE NO.: 33635
FILED: 05/11/2010
RULE ANALYSIS
PURPOSE OF THE RULE OR REASON FOR THE
CHANGE: The change to Rule R33-5 increases the amount
regarding small purchases for construction from $10,000 to
$25,000 and allows the Procurement Officer 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 Procurement Officer shall deem
to be adequate and reasonable, which is a similar amount
currently for architectural and engineer services.
Grammatical errors and small changes for consistency were
also made throughout the rule.
SUMMARY OF THE RULE OR CHANGE: The rule change
to Rule R33-5: increases the amount regarding small
purchases for construction from $10,000 to $25,000 and
allows the Procurement Officer 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 Procurement Officer shall deem to be
adequate and reasonable, which is a similar amount currently
for architectural and engineer services. Grammatical errors
and small changes for consistency were also made
throughout the rule.
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 Rule
R33-5 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 Rule R33-5 applies to 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 Rule R33-5. 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
PURCHASING AND GENERAL SERVICES
UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11 35