R305-5-4. Applicability of Rule

(1)(a) Except as provided in Subsection R305-5-4(2) below, this Rule R305-5 applies to a design or construction contract entered into by or delegated to the department or a division or board of the department on or after July 1, 2009, and to a prime contractor or subcontractor in accordance with Subsection (1)(b) (b)(i) A prime contractor is subject to this section if the prime contract is in the amount of $1,500,000 or greater. (ii) A subcontractor is subject to this section if a subcontract is in the amount of $750,000 or greater. (2) This Rule R305-5 does not apply to contracts entered into by the department or a division or board of the department if: (a) the application of this Rule R305-5 jeopardizes the receipt of federal funds; (b) the contract or agreement is between the department or a division or board of the department and another agency of the state, the federal government, another state, an interstate agency, a political subdivision of this state, or a political subdivision of another state; (c) the Commissioner determines that applying the requirements of this section to a particular contract interferes with the effective response to an immediate health and safety threat from the environment; or (d) the contract is a sole source contract or an emergency procurement. (3) This Rule R305-5 does not apply to a change order as defined in UCA Section 63G-6-103, or a modification to a contract, when the contract does not meet the initial threshold required by R305-5-4(1).