a process which includes reasonable notice and opportunity to cure a violation of the testing requirement before suspension or debarment in light of the circumstances of the District construction contract or the violation. In addition, a contractor is not subject to penalties for the failure of a subcontractor to comply with a testing requirement. The failure of a contractor or subcontractor to comply with a testing requirement imposed under this policy may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor or any appeal pursuant to the District’s procurement policies. In addition, such failure may not be used by the District, a prospective bidder, an offeror, a contractor, or a subcontractor as a basis for an action that would suspend, disrupt, or terminate the design or construction under a District construction contract. Utah Code § 63G-6a-1303(3), (5) (2013)
1.1024.04 LIMITATION OF DISTRICT RESPONSIBILITY FOR TESTING Issue Date: 5/8/14 CCD
After the District enters into a District construction contract which contains a testing requirement, the District is not required to audit, monitor, or take any other action to ensure compliance with such requirement. In addition, the District is not liable in any action related to this policy, including not being liable in relation to: 1. a contractor or subcontractor having or not having a drug and alcohol testing policy; 2. failure to test for a drug or alcohol under a contractor’s or subcontractor’s drug and alcohol testing policy; 3. the requirements of a contractor’s or subcontractor’s drug and alcohol testing policy; 4. a contractor’s or subcontractor’s implementation of a drug and alcohol testing policy, including procedures for collection of a sample, testing of a sample, evaluation of a test, or disciplinary or rehabilitative action on the basis of a test result; 5. an individual being under the influence of drugs or alcohol; or 6. an individual under the influence of drugs or alcohol harming another person or causing property damage. Utah Code § 63G-6a-1303(6) (2013)
1.1025 CONSTRUCTION MANAGEMENT METHODS
1.1025.01 SELECTION OF CONSTRUCTION MANAGEMENT METHODS Issue Date: 5/8/14 Updated; 3/10/16 CCE
Subject to rules issued by the Procurement Policy Board, the Board of Education or the Procurement Officer may select the appropriate method of construction contracting management for a particular District construction project. The Board of Education or the Procurement Officer
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