Utah Admin. Code 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).
Notes
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