§ 63G-10-403 — Department of Transportation bid or request for proposals protest settlement agreement approval and review.

(1) As used in this section:

(1)(a) "Department" means the Department of Transportation created in Section 72-1-201.
(1)(b) "Settlement agreement" includes stipulations, consent decrees, settlement agreements, or other legally binding documents or representations resolving a dispute between the department and another party when the department is required to pay money or required to take legally binding action.
(2) The department shall obtain the approval of the Transportation Commission or the governor or review by the Legislative Management Committee of a settlement agreement that involves a bid or request for proposal protest in accordance with this section.
(3) A settlement agreement that is being settled by the department as part of a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(8), that might cost government entities more than $250,000 to implement shall be presented to the Transportation Commission for approval or rejection.
(4) A settlement agreement that is being settled by the department as part of a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(8), that might cost government entities more than $1,000,000 to implement shall be presented:

(4)(a) to the Transportation Commission for approval or rejection; and
(4)(b) to the governor for approval or rejection.
(5) (5)(a) A settlement agreement that is being settled by the department as part of a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(8), that might cost government entities more than $2,000,000 to implement shall be presented:
(5)(a)(i) to the Transportation Commission for approval or rejection;
(5)(a)(ii) to the governor for approval or rejection; and
(5)(a)(iii) if the settlement agreement is approved by the Transportation Commission and the governor, to the Legislative Management Committee.
(5)(b) The Legislative Management Committee may recommend approval or rejection of the settlement agreement.
(6) (6)(a) The department may not enter into a settlement agreement that resolves a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(8), that might cost government entities more than $250,000 to implement until the Transportation Commission has approved the agreement.
(6)(b) The department may not enter into a settlement agreement that resolves a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(8), that might cost government entities more than $1,000,000 to implement until the Transportation Commission and the governor have approved the agreement.
(6)(c) The department may not enter into a settlement agreement that resolves a bid or request for proposal protest, in accordance with Subsection 63G-6a-1602(8), that might cost government entities more than $2,000,000 to implement until:
(6)(c)(i) the Transportation Commission has approved the agreement;
(6)(c)(ii) the governor has approved the agreement; and
(6)(c)(iii) the Legislative Management Committee has reviewed the agreement.
(7) The department shall, for each settlement agreement approved under this section for an amount greater than $250,000 but less than $2,000,000, give notice to the Legislative Management Committee by sending a settlement agreement report to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel within three business days of executing the agreement.

Legislative History

Amended by Chapter 535, 2023 General Session