Section 2401 – Title.
Effective 3/29/2014 63G-6a-2401. Title. This part is known as “Unlawful Conduct and Penalties.” Enacted by Chapter 196, 2014 General Session
Section 2402 – Definitions.
Effective 5/9/2017 63G-6a-2402. Definitions. As used in this part: (1) “Contract administration professional”: (a) means an individual who: (i) is: (A) directly under contract with a procurement unit; or (B) employed by a person under contract with a procurement unit; and (ii) has responsibility in: (A) developing a solicitation or grant, or conducting the procurement […]
Section 2403 – Applicability.
Effective 5/9/2017 63G-6a-2403. Applicability. (1) This part applies to each public entity. (2) A procurement professional is subject to this part at all times during: (a) the procurement process; and (b) the administration of a contract or grant. (3) A contract administration professional is subject to this part at all times during the period the […]
Section 2404 – Unlawful conduct — Exceptions — Classification of offenses.
Effective 3/29/2014 63G-6a-2404. Unlawful conduct — Exceptions — Classification of offenses. (1) (a) It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to: (i) the public entity; (ii) a […]
Section 2404.3 – Dividing a procurement to avoid using a standard procurement process.
Effective 5/9/2017 63G-6a-2404.3. Dividing a procurement to avoid using a standard procurement process. (1) It is unlawful for a person knowingly to divide a single procurement into multiple smaller procurements if dividing the single procurement: (a) is done with the intent to avoid the use of a standard procurement process that would have otherwise been […]
Section 2404.7 – Improper action against a public officer or employee involved in the procurement process.
Effective 5/9/2017 63G-6a-2404.7. Improper action against a public officer or employee involved in the procurement process. (1) (a) It is unlawful for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimidating action against a public officer or employee, […]
Section 2405 – Discretion to declare contract or grant void — Limitations.
Effective 3/29/2014 63G-6a-2405. Discretion to declare contract or grant void — Limitations. (1) Subject to Subsection (2), the governing body or chief executive officer of a public entity that awards a contract or grant to a person who engages in conduct made unlawful under this part may, in the sole discretion of the governing body […]
Section 2406 – Authority of conducting procurement unit with respect to evaluation committee.
Effective 3/29/2014 63G-6a-2406. Authority of conducting procurement unit with respect to evaluation committee. Nothing in this part restricts a conducting procurement unit from: (1) requiring an evaluation committee member to disclose a conflict of interest; or (2) removing an evaluation committee member for having a conflict of interest. Enacted by Chapter 196, 2014 General Session
Section 2407 – Duty to report unlawful conduct.
Effective 5/9/2017 63G-6a-2407. Duty to report unlawful conduct. (1) As used in this section, “unlawful conduct” means: (a) conduct made unlawful under this part; or (b) conduct, including bid rigging, improperly steering a contract to a favored vendor, exercising undue influence on an individual involved in the procurement process, or participating in collusion or other […]