Utah Office of Administrative Rules

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Reenact

Rule or section number:

R907-66

Filing ID: 57868

Agency Information

1. Title catchline:

Transportation, Administration

Building:

Calvin Rampton

Street address:

4501 S 2700 W

City, state:

Taylorsville, UT

Mailing address:

PO Box 148455

City, state and zip:

Salt Lake City, UT 84114-8455

Contact persons:

Name:

Phone:

Email:

Leif Elder

801-580-8296

lelder@utah.gov

Marlene Galindo

801-965-4026

mgalindo1@utah.gov

James Godin

801-573-7181

jamesjgodin@agutah.gov

Lori Edwards

385-341-3414

loriedwards@agutah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R907-66. Procurement of Consultant Services, Procedures and Contract Administration

4. Purpose of the new rule or reason for the change:

In performing a five-year review of this rule, the Department of Transportation (department) determined that this rule is still needed but should be updated.

In making proposed amendments to this rule, the department decided to overhaul the organization of this rule and its provisions enough to repeal this rule in its current state and reenact it in a newly organized, updated form.

5. Summary of the new rule or change:

While the department made substantial adjustments to the organization of this rule and some of the language within this rule, these changes are not substantive in that they do not create any material obligations, responsibilities, or processes for the department that were not already present in the repealed version of this rule.

This repeal and reenactment updates and rewrites this rule for clarity, readability, and conformity with the Rulewriting Manual for Utah.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

Because this repeal and reenactment is a mere clerical overhaul of the existing rule, the department does not anticipate any aggregate anticipated savings or costs to the state budget.

B. Local governments:

Because this repeal and reenactment is a mere clerical overhaul of the existing rule, the department does not anticipate any aggregate anticipated savings or costs to local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

Because this repeal and reenactment is a mere clerical overhaul of the existing rule, the department does not anticipate any aggregate anticipated savings or costs to small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

Because this repeal and reenactment is a mere clerical overhaul of the existing rule, the department does not anticipate any aggregate anticipated savings or costs to non-small businesses

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

Because this repeal and reenactment is a mere clerical overhaul of the existing rule, the department does not anticipate any aggregate anticipated savings or costs to other persons.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Executive Director of the Department of Transportation, Carlos M. Braceras, PE, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Subsection 63G-6a-107.7(5)

Subsection 72-1-201(1)(h)

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

05/15/2026

10. This rule change MAY become effective on:

05/22/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Carlos M. Braceras, PE, Executive

Director

Date:

03/20/2026

R907. Transportation, Administration.

[R907-66. Procurement of Consultant Services - Procedures and Contract Administration.

R907-66-1. Authority and Purpose.

(1) Authority. The Department of Transportation (the "Department") makes this rule under Subsections 63G-6a-

107.7(5) and 72-1-201(1)(h).

(2) Purpose. This rule establishes requirements and procedures for procuring engineering and engineering-related

services, and administering the attendant contracts.

R907-66-2. Definitions.

The following definitions apply:

(1) "Brooks Act" means a commonly used term for the Federal Property and Administrative Services Act of 1949,

Public Law 92--582, 86 Stat. 1278 (1972) and 40 U.S.C. Chapter 11, Sections 1101 through 1104.

(2) "Competitive negotiation" means any form of negotiation that utilizes qualifications-based procedures complying

with the Brooks Act.

(3) "Consultant" means an individual expert or firm the Department contracts with to perform professional services as

may be necessary to the planning, progress, and completion of any design, engineering, and engineering-related services.

(4) "Desk review" means a process that includes a limited-scope examination of a Consultant's original source

financial documentation and communication to provide reasonable assurance the Consultant has not materially misstated costs,

and the Consultant's financial documentation complies with FAR Part 31 and 2 CFR Part 200.

(5) "The Division" means the Consultant Services Division of the Department of Transportation.

(6) "Engineering," "the practice of engineering," and "professional engineering" mean the same as the terms are

defined in Subsection 58-22-102(9)(a).

(7) "Engineering-Related Services" means other professional services, including project-related public involvement,

right of way acquisition services, transportation research, asset management, prototype development, technology transfer,

technical writing, or other services as deemed necessary by the executive director or designee.

(8) "FAR" means Federal Acquisition Regulations, Title 48, Code of Federal Regulations.

(9) "Federal-aid highway funds" means funds authorized by Congress to assist the Department in providing for the

construction, reconstruction, and improvement of highways and bridges on eligible federal-aid highway routes and other special-

purpose programs and projects.

(10) "Financial Screening" means the process performed by the Department's Consultant Services Division under 23

CFR 172.11 to review financial and entity data submitted annually by Consultants and subconsultants. This process will

determine financial viability and establish or maintain the ability to contract with the Department for engineering and

engineering-related services.

(11) The "Manual" means the Consultant Services Manual, which is maintained by the Department's Consultant

Services Division. This Manual provides details beyond federal and state codes, federal regulations, and this rule.

(12) "Qualifications-based selection" or "QBS" means that procurement process defined in the Brooks Act, 40 U.S.C.

Sections 1101 through 1104.

(13) "Risk Assessment" is the equivalent of Risk-based Analysis as defined in Subsection 23 C.F.R. 172.11(c)(2).

R907-66-3. Qualifications-based Selection of Consultants for Design, Engineering and Engineering-related Services.

The Department will perform qualifications-based selection procedures, including competitive negotiations to procure,

manage, and administer contracts with Consultants and other professional services.

R907-66-4. Incorporation by Reference of Applicable Federal Law.

To receive grants of federal-aid highway funds, the Department must comply with applicable federal law. Therefore,

the Department incorporates by reference the following federal regulations for both federal and state funded projects:

(1) 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards.

(2) FAR Part 31, Contract Cost Principles and Procedures.

(3) 23 CFR 1.11, Engineering Services.

(4) 23 CFR 1.33, Conflicts of Interest.

(5) 23 CFR 172, Procurement, Management, and Administration of Engineering and Design Related Service

Contracts.

R907-66-5. Prequalified Pools.

The Division will establish pools of prequalified Consultants for various work disciplines to perform services for the

Department following the Section 63G-6a-507 Approved vendor list procurement process.

R907-66-6. Small Purchase Contracts.

(1) Section 63G-6a-506 grants the Department authority to make rules governing small purchases of any procurement

item.

(2) When procuring services of Consultants, the Division will follow the simplified acquisition threshold established

by 48 CFR 2.101 as the small purchase maximum or small purchase cap for individual procurement of Consultant Services.

(3) The Division will publish detailed procedures to establish prequalified pools in the Manual or solicitations.

R907-66-7. Non-Small Purchase Contracts.

For contracts with an estimated value above the small purchase cap, the Department will select Consultants in

accordance with 23 CFR Part 172, Title 63G, Chapter 6a, Part 15, Design Professional Services, the Manual, and the

requirements set forth in the solicitation or request for qualifications.

R907-66-8. Consultant Financial Screening and Auditing.

(1) To provide reasonable assurance that the Consultant's presented Indirect Cost Rates, hourly billing rates, and direct

costs comply with FAR Part 31 and 2 CFR Part 200, the Department will conduct risk assessments, desk reviews, and audits as

necessary for Consultants seeking to perform design professional, engineering, or engineering-related services for the

Department.

(2) Consultants must submit their firm's Financial Screening Application, including required supporting documents,

within 90 days of their most recent fiscal year-end or 180 days if the Consultant submits a Certified Public Accountant audit.

The Department may grant an extension at its sole discretion.

(3) If the Division rejects a Consultant's financial screening as non-compliant, the Consultant may request

reconsideration by submitting a written request to the Department's Office of Internal Audit before the end of seven calendar days

after receiving notice that the Consultant's financial screening has been rejected. The Consultant must provide notice to the

Division before filing the request for reconsideration. The written request must include a detailed explanation of the facts

justifying the request for reconsideration.

(4) The Department's Office of Internal Audit may conduct an audit to determine compliance with the requirements of

this rule.

R907-66-9. Competitive Contract Negotiations.

(1) The Department will conduct competitive negotiations for contracts.

(2) The guidelines for Consultant selection and negotiations are in the project-specific solicitation or request for

qualifications, and other guidelines established by the Division and published on the Department's website.

R907-66-10. Award of Contracts.

The Department will award a contract to the most highly qualified, responsive, and responsible Consultant with which

it can negotiate a fair and reasonable cost under the Utah Procurement Code, 23 C.F.R. Part 172, and under the Manual and other

guidelines and policies established by the Department.

R907-66-11. Execution of Contracts.

Funding must be approved, and all appropriate signatures applied before the contract is considered executed.

R907-66-12. Notice to Proceed.

The Department will not pay for any work:

(1) the Department has not authorized in writing;

(2) the Consultant performs before the Department has an effective, fully executed contract with the Consultant; or

(3) the Consultant performs before the Department authorizes the Consultant to begin work by issuing a notice to

proceed or similar writing.]

R907-66. Procurement of Consultant Services, Procedures and Contract Administration.

R907-66-1. Authority and Purpose.

(1) This rule is authorized by Subsections 63G-6a-107.7(5) and 72-1-201(1)(h).

(2) This rule describes requirements for the procurement and administration of design, engineering, and engineering-

related services contracts by the department and the department's subrecipients.

(3) This rule applies to department contracts related to design, engineering, and engineering-related projects, including

those funded in whole or in part with funds from the:

(a) Federal-aid Highway Program;

(b) Federal Transit Administration;

(d) Federal Aviation Administration.

(4) Because the department is a recipient and pass-through entity of federal funds, the department and the department's

subrecipients shall comply with applicable federal requirements when entering into contracts related to design, engineering, or

engineering-related services.

R907-66-2. Definitions.

As used in this rule:

(1) "Brooks Act" means the Federal Property and Administrative Services Act of 1949, 40 U.S.C. Sec. 1101 et seq.

(2) "Competitive negotiations" means a form of procurement conducted using qualifications-based procedures in

accordance with the Brooks Act.

(3) "Consultant" means an individual or firm under contract with the department to provide design, engineering, or

engineering-related professional services.

(4) "Engineering" means the same as "professional engineering" as that term is defined in Section 58-22-102.

(5) "Engineering-related services" means professional services ancillary to engineering, including public involvement,

right-of-way acquisition services, transportation research, asset management, prototype development, technology transfer,

technical writing, and other services as determined by the department.

(6) "FAR" means the Federal Acquisition Regulation, 48 CFR.

(7) "Federal funds" means funds authorized by Congress to assist the department in the construction, reconstruction, or

improvement of highways and bridges on eligible federal-aid highway routes, or for other special-purpose programs and projects,

including those overseen by the:

(a) Federal Transit Administration;

(b) Federal Railroad Administration; or

(8) "Financial screening" means a review of a consultant's annually submitted financial and entity data to evaluate

financial viability and compliance with FAR Part 31 and 2 CFR Part 200, for establishing or maintaining the consultant's

eligibility to contract with the department.

(9) "Qualifications-based selection" means the procurement process described in the Brooks Act.

(10) "Risk assessment" means the same as "risk-based analysis" as that term is described in Subsection 23 C.F.R.

172.11(c)(2).

(11) "Solicitation" means a document used by the department to obtain consultant proposals.

R907-66-3. Qualifications-based Selection of Consultants for Design, Engineering and Engineering-related Services.

(1) The department shall conduct qualifications-based selection and competitive negotiations in accordance with the

Brooks Act and 23 CFR Part 172.

(2) The department shall publish selection and contract negotiation procedures for engineering and engineering-related

services and include selection and contract negotiation information in project-specific solicitations.

R907-66-4. Incorporation by Reference of Applicable Federal Law.

The Department incorporates by reference the following federal regulations for both federal and state-funded projects:

(1) 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards (1-1-25 Edition);

(2) FAR Part 31, Contract Cost Principles and Procedures (FAC 2026-01);

(3) 23 CFR 1.11, Engineering Services (4-1-25 Edition);

(4) 23 CFR 1.33, Conflicts of Interest (4-1-25 Edition); and

(5) 23 CFR 172, Procurement, Management, and Administration of Engineering and Design Related Service Contracts

(4-1-25 Edition).

R907-66-5. Prequalified Pools.

The department shall publish detailed procedures for establishing prequalified consultant pools in accordance with

Section 63G-6a-507.

R907-66-6. Small Purchase Contracts.

(1) Pursuant to Section 63G-6a-506, the department adopts and incorporates by reference the simplified acquisition

threshold, as defined in 48 CFR 2.101 (10-1-2024) as the maximum dollar amount for small purchases of consultant services.

(2) The department shall publish written procedures governing small purchases of consultant services.

R907-66-7. Non-Small Purchase Contracts.

For contracts with an estimated value exceeding the small purchase threshold, the department shall select one or more

consultants in accordance with:

(1) 23 CFR Part 172;

(2) Title 63G, Chapter 6a, Part 15, Design Professional Services;

(3) procedures published by the department; and

(4) the requirements set forth in the applicable solicitation or request for qualifications.

R907-66-8. Consultant Financial Screening and Auditing.

(1) The department shall evaluate a consultant's proposed indirect cost rates and financial screening submissions to

provide reasonable assurance of compliance with FAR Part 31 and 2 CFR Part 200.

(2) The department shall publish any additional financial or compliance screening procedures.

(3) The department's auditor may conduct audits to determine compliance with this rule.

(4) If the department rejects a consultant's financial screening as noncompliant, the consultant may request

reconsideration by:

(a) notifying the department of the consultant's intent to request reconsideration; and

(b) within 20 calendar days after the day on which the consultant receives notice of the rejection, submitting to the

department's auditor a written request that includes a detailed statement of the facts supporting reconsideration.

(5) While the department's auditor reviews a request for reconsideration under Subsection (4), the department may

restrict awarding new contracts or work to the consultant until the review is complete and any noncompliance is resolved.

R907-66-9. Competitive Contract Negotiations.

(1) The department shall conduct competitive negotiations for the award of design, engineering, or engineering-related

contracts under this rule.

(2) The department shall publish, and include in the applicable solicitation or request for qualifications, the guidelines

and procedures governing negotiations conducted under this rule.

R907-66-10. Award and Execution of Contracts.

(1) Consistent with applicable state and federal requirements, the department shall award a contract under this rule to

the most highly qualified, responsive, and responsible consultant with whom the department can negotiate a fair and reasonable

cost.

(2) A contract between the department and a consultant is not valid, effective, or executed until funding has been

approved and the contract has been signed by all parties.

R907-66-11. Notice to Proceed.

The department will not pay a consultant for any design, engineering, or engineering-related services work that was:

(1) not authorized in writing by the department;

(2) performed before contract execution; or

(3) performed before the department issued a written notice to proceed.

KEY: procurement, small purchases, design, and engineering services

Date of Last Change: 2026[June 21, 2022]

Notice of Continuation: August 14, 2021

Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

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Rule 66: Procurement of Consultant Services - Procedures and Contract Administration