Section 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 required if the procurement had not been divided;
  • (b) constitutes unlawful conduct under Subsection 63G-6a-506(8); or
  • (c) is otherwise prohibited by this chapter.

• (2) A violation of Subsection (1) is:
  • (a) a second degree felony, if the value of the procurement before being divided is $1,000,000 or more;
  • (b) a third degree felony, if the value of the procurement before being divided is $250,000 or more but less than $1,000,000;
  • (c) a class A misdemeanor, if the value of the procurement before being divided is $100,000 or more but less than $250,000; or
  • (d) a class B misdemeanor, if the value of the procurement before being divided is less than $100,000.

Enacted by Chapter 348, 2017 General Session