Section 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 anticompetitive practices, made unlawful under other applicable law.

• (2)
  • (a) A procurement professional with actual knowledge that a person has engaged in unlawful conduct shall report the person’s unlawful conduct to:
    • (i) the state auditor; or
    • (ii) the attorney general or other appropriate prosecuting attorney.
  • (b) An individual not subject to the requirement of Subsection (2)(a) who has actual knowledge that a person has engaged in unlawful conduct may report the person’s unlawful conduct to:
    • (i) the state auditor; or
    • (ii) the attorney general or other appropriate prosecuting attorney.

• (3) A procurement professional who fails to comply with the requirement of Subsection (2)(a) is subject to any applicable disciplinary action.

Amended by Chapter 348, 2017 General Session