Contracting powers of director -- Bids -- Retainage

(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the director may enter into a contract for any work or professional service that the division may do or have done. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may make rules establishing circumstances under which bids may be modified when all bids for a construction project exceed available funds as determined by the director. (b) In making the rules described in Subsection (2)(a), the director shall provide for the fair and equitable treatment of bidders. (c) The judgment of the director as to the responsibility and qualifications of a bidder is conclusive, except in case of fraud or bad faith. (3) The division shall make all payments to the contractor for completed work in accordance with Section 15-6-2 and pay the interest specified in Section 15-6-3 on any payments that are late. (4) If the division retains or withholds a payment on a contract with a private contractor to do work for the division, the division shall retain or withhold and release the payment as provided in Section 13-8-5.