b. references; c. statements of qualifications; and d. a management fee. 2. the management fee contains only the following: a. preconstruction phase services; b. monthly supervision fees for the construction phase; and c. overhead and profit for the construction phase.
3. the evaluation committee may, as described in the solicitation, weight and score the management fee as a fixed rate or a fixed percentage of the estimated contract value. 4. the contract awarded must be in the best interest of the District.
Utah Code § 63G-6a-708 (2016) Utah Code § 63G-6a-1911(3) (2013)
Utah Admin. Rules R33-7-701.1 (July 26, 2018) Utah Admin. Rules R33-7-701 (July 26, 2018)
Withdrawal of proposal An offeror may voluntarily withdraw a proposal at any time before a contract is awarded with respect to the request for proposals for which it was submitted provided the offeror is not engaged in any type of bid-rigging, collusion, or other anticompetitive practice made unlawful under other applicable law. Utah Admin. Rules R33-7-502 (July 26, 2018) Award of contract After completion of the evaluation and scoring of proposals and the justification statement, including any required cost-benefit analysis, the evaluation committee shall submit the proposals, evaluation scores, and justification statement to the Board of Education or its designee. After reviewing these materials, the Board of Education or its designee shall: 1. award the contract as soon as practicable to the responsible offeror with responsive proposal receiving the highest total score, or 2. if that proposal is rejected as provided for below, to the responsible offeror with the responsive proposal receiving the next highest total score, or 3. repeat that process, moving to the next highest scored proposal until the contract is awarded to a responsible offeror who submitted a proposal which was not rejected; or 4. cancel the request for proposals without awarding a contract. The District’s determination to award the contract to an offeror responding to a request for proposals is final and conclusive unless it is arbitrary and capricious or clearly erroneous.
Utah Code § 63G-6a-709(1), (2) (2017) Utah Code § 63G-6a-1911(4) (2013)
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