Utah Code 63G-27-201. Prohibition on contracting
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(1) Except as provided in Subsection (3), a public entity may not enter into a contract with a company to acquire or dispose of a good or service, including supplies, information technology, or construction services, unless:
Terms Used In Utah Code 63G-27-201
- Company: includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (4)(a). See Utah Code 63G-27-102
- Contract: A legal written agreement that becomes binding when signed.
- Economic boycott: means , without an ordinary business purpose:(5)(a) engaging in a boycott action targeting:(5)(a)(i) a boycotted company; or(5)(a)(ii) another company because the company does business with a boycotted company; or(5)(b) taking an action intended to penalize, inflict economic harm to, or change or limit the activities of:(5)(b)(i) a boycotted company; or(5)(b)(ii) another company because the company does business with a boycotted company. See Utah Code 63G-27-102
- Public entity: means the state or a political subdivision of the state, including each department, division, office, board, commission, council, authority, or institution of the state or a political subdivision of the state. See Utah Code 63G-27-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) the contract includes a written certification that the company is not currently engaged in:
(1)(a)(i) a boycott of the State of Israel; or
(1)(a)(ii) an economic boycott;
(1)(b) the company agrees not to engage in a boycott of the State of Israel for the duration of the contract; and
(1)(c) the company agrees to notify the public entity in writing if the company begins engaging in an economic boycott.
(2) A company’s notice under Subsection (1)(c) may be grounds for termination of the contract.
(3) This section does not:
(3)(a) apply to:
(3)(a)(i) a contract with a total value of less than $100,000; or
(3)(a)(ii) a contract with a company that has fewer than 10 full-time employees; or
(3)(b) prohibit a public entity from entering into a contract with a company that engages in an economic boycott if:
(3)(b)(i) there is no economically practicable alternative available to the public entity to:
(3)(b)(i)(A) acquire or dispose of the good or service; or
(3)(b)(i)(B) meet the public entity’s legal duties to issue, incur, or manage debt obligations, or deposit, keep custody of, manage, borrow, or invest funds; or
(3)(b)(ii) the company engages in the economic boycott to comply with federal law.