Utah Code 63G-6a-2404.3. Dividing a procurement to avoid using a standard procurement process
Current as of: 2024 | Check for updates
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(1) It is unlawful for a person knowingly to divide a single procurement into multiple smaller procurements if dividing the single procurement:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 63G-6a-2404.3
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
- Standard procurement process: means :
(88)(a) the bidding process;(88)(b) the request for proposals process;(88)(c) the approved vendor list process;(88)(d) the small purchase process; or(88)(e) the design professional procurement process. See Utah Code 63G-6a-103(1)(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;(1)(b) constitutes unlawful conduct under Subsection 63G-6a-506(8); or(1)(c) is otherwise prohibited by this chapter.(2) A violation of Subsection (1) is:(2)(a) a second degree felony, if the value of the procurement before being divided is $1,000,000 or more;(2)(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;(2)(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(2)(d) a class B misdemeanor, if the value of the procurement before being divided is less than $100,000.