11-39-107 - Procurement code.
11-39-107. Procurement code.
(1) This chapter may not be construed to:
(a) prohibit a county legislative body from adopting the procedures of the procurementcode; or
(b) limit the application of the procurement code to a local district or special servicedistrict.
(2) (a) In seeking bids and awarding a contract for a building improvement or publicworks project, a county legislative body may elect to follow the provisions of the procurementcode, as the county legislative body considers appropriate under the circumstances, forspecification preparation, source selection, or contract formation.
(b) A county legislative body's election to adopt the procedures of the procurement codemay not excuse the county from complying with the requirements to award a contract for work inexcess of the bid limit and to publish notice of the intent to award.
(c) An election under Subsection (2)(a) may be made on a case-by-case basis, unless thecounty has previously adopted the procurement code as permitted by Subsection63G-6-104(3)(e).
(d) The county legislative body shall:
(i) make each election under Subsection (2)(a) in an open meeting; and
(ii) specify in its action the portions of the procurement code to be followed.
(3) If the estimated cost of the building improvement or public works project proposedby a local district or special service district exceeds the bid limit, the governing body of the localdistrict or special service district may, if it determines to proceed with the building improvementor public works project, use the competitive procurement procedures of the procurement code inplace of the comparable provisions of this chapter.
Amended by Chapter 382, 2008 General Session